HomeMy WebLinkAbout07_040 PC Resolution
PC RESOLUTION NO. 07-40
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA07-0084, A TENTATIVE PARCEL
MAP (TPM 35481) TO SUBDIVIDE 5.3 ACRES INTO TWO
LOTS, LOCATED AT THE SOUTHWEST CORNER OF
RANCHO CALIFORNIA ROAD AND MORAGA PROJECT
DESCRIPTION (APN 944-290-022)
Section 1. Procedural FindinQs. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On March 15, 2007, Bob Crisell of Rancho View Professional Center, LP,
filed Planning Application No. PA07-0084, a Tentative Parcel Map, in a manner in
accord with the City of Temecula General Plan and Development Code.
B. The Application was processed including, but not limited to a public notice,
in the time and manner prescribed by State and local law.
C. The Planning Commission, at a regular meeting, considered the
Application and environmental review on October 3, 2007, at a duly noticed public
hearing as prescribed by law, at which time the City staff and interested persons had an
opportunity to and did testify either in support or in opposition to this matter.
D. At the conclusion of the Commission hearing and after due consideration
of the testimony, the Commission approved Planning Application No. PA07-0084
subject to and based upon the findings set forth hereunder.
E. All legal preconditions to the adoption of this Resolution have occurred.
Section 2. Further FindinQs. The Planning Commission, in approving the
Application hereby finds, determines and declares that:
Tentative Parcel Map (Section 16.09.140)
A. The proposed subdivision and the design and improvements of the
subdivision are consistent with the Development Code, General Plan, and the City of
Temecula Municipal Code;
Tentative Parcel Map No. 35481 is consistent with the General Plan, the
Subdivision Ordinance, the Development Code, and Municipal Code because the
project has been designed in a manner that is consistent with the policies and
standards in the General Plan, Subdivision Ordinance, Development Code, and
Municipal Code.
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B. The Tentative Map does not propose to divide land which is subject to a
contract entered into pursuant to the California Land Conservation Act of 1965, or the
land is subject to a Land Conservation Act contract but the resulting parcels following
division of the land will not be too small to sustain agricultural use;
The subject parcels do not propose to divide land which is subject to a contract
entered into pursuant to the California Land Conservation Act of 1965. The
subject property has not been designated for conservation or agricultural land
and is not subject to the California Land Conservation Act of 1965.
C. The site is physically suitable for the type and proposed density of
development proposed by the Tentative Map;
The site is physically suitable for the proposed office development because the
proposed use is consistent with the General Plan and Development Code. The
proposed Tentative Parcel Map (TPM 35481) meets the minimum lot size
requirements contained within the Development Code, and is consistent with all
of the requirements found within City of Temecula General Plan and the City of
Temecula Subdivision Ordinance. The subdivision (TPM 35481) is therefore
consistent with the Professional Office zone.
D. The design of the subdivision and the proposed improvements, with
Conditions of Approval are not likely to cause significant environmental damage or
substantially and avoidably injure fish or wildlife or their habitat;
The proposed project site does contain sensitive habitat or wetlands.
E. The design of the subdivision and the type of improvements are not likely
to cause serious public health problems;
The project, as conditioned by the Fire Prevention Bureau, the Public Works
Department, and the Building and Safety Department, will comply with the
applicable improvement requirements designed to prevent serious public health
problems. Furthermore, provisions are made in the General Plan and the
Development Code to ensure that the public health, safety and welfare are
safeguarded. The project is consistent with these documents.
F. The design of the subdivision provides for future passive or natural
heating or cooling opportunities in the subdivision to the extent feasible;
Prior to any issuance of building permits for the subject subdivision, and prior to
any construction, the applicant will be required to submit building plans to the
City of Temecula Building Department. These plans will be required to comply
with all applicable Uniform Building Codes, which also include requirements for
energy conservation. Therefore, the construction plans will comply with all
applicable building codes and State energy guidelines.
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G. The design of the subdivision and the type of improvements will not
conflict with easements acquired by the public at large for access through or use of
property within the proposed subdivision, or the design of the alternate easements
which are substantially equivalent to those previously acquired by the public will be
provided;
The required right-of-way easements are included on the Tentative Parcel Map
(TPM 35481). The City has reviewed these easements and the design of
alternate easements, and determined the type of improvements will not conflict
with the easements acquired by the public at large for access through or use of
property within the proposed subdivision.
H. The subdivision is consistent with the City's parkland dedications
requirements (Quimby);
The subdivision is consistent with the dedication requirement.
Section 3. Environmental FindinQs. The Planning Commission hereby makes
the following environmental findings and determinations in connection with the approval
of the Tentative Parcel Map No. 35481 (PA07-0084):
A. Pursuant to California Environmental Quality Act ("CEQA"), City staff
prepared an Initial Study of the potential environmental effects of the approval of the
Tentative Parcel Map No. 35481 (PA07-0084) as described in the Initial Study ("the
Project"). Based upon the findings contained in that study, City staff determined that
there was no substantial evidence that the Project could have a significant effect on the
environment and a Mitigated Negative Declaration was prepared.
B. Thereafter, City staff provided public notice of the public comment period
and of the intent to adopt the Mitigated Negative Declaration as required by law. The
public comment period commenced on September 12, 2007 and expired on October 1,
2007. Copies of the documents have been available for public review and inspection at
the offices of the Department of Planning, located at City Hall, 43200 Business Park
Drive, Temecula, California 92590.
C. No written comments were received prior to the Planning Commission
packet distribution. Any written comments received prior to the public hearing will be
reviewed and responses prepared and distributed to the Planning Commission at the
public hearing.
D. The Planning Commission has reviewed the Mitigated Negative
Declaration and all comments received regarding the Mitigated Negative Declaration
prior to and at the October 3, 2007 public hearing, and based on the whole record
before it finds that: (1) the Mitigated Negative Declaration was prepared in compliance
with CEQA; (2) there is no substantial evidence that the Project will have a significant
effect on the environment; and (3) Mitigated Negative Declaration reflects the
independent judgment and analysis of the Planning Commission.
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E. Based on the findings set forth in this Resolution, the Planning
Commission hereby adopts the Mitigated Negative Declaration prepared for this project.
Section 4. Conditions. The Planning Commission of the City of Temecula
approves Planning Application No. PA07-0084, Tentative Parcel Map No. 35481,
located at the southwest corner of Rancho California Road and Moraga Road, subject
to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated
herein by this reference.
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Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 3rd day of October 20 .
......
ATTEST:
lph/P ~
Debbie Ubnoske, Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby
certify that the forgoing PC Resolution No. 07-40 was duly and regularly adopted by the
Planning Commission of the City of Temecula at a regular meeting thereof held on the 3rd
day of October 2007, by the following vote:
AYES: 5 PLANNING COMMISSIONERS: Carey, Chiniaeff, Guerriero, Harter,
Telesio
NOES: 0 PLANNING COMMISSIONERS: None
ABSENT: 0 PLANNING COMMISSIONERS: None
ABSTAIN: 0 PLANNING COMMISSIONERS: None
~...".' ~~~
Debbie Ubnoske, Secretary
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EXHIBIT A
FINAL CONDITIONS OF APPROVAL
SCANNED:
G DRIVE:
PERMITS PLUS:
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. . 'ro OCT 1 1"2007 I~~
By
. PlanfllngOepaltm19nf
ACCEPTANce O,FCOWDtT10N,S OF:' A.PPROVAL:
I, Bob Orlsell, understand that I='lanning AppflcafloFt Ni:l.PA07~OO$4 has been ap/lrov..dwith
Con!'litlons. o.f Approval whioh are set fol'1/1ln El<hlt\it A.. I havlill16111d the CaodllfQfls of
Appr9-V<ll contatiledin P"C R~QIUtlOh No. 07-40 ahQ under~i:lfld m$n'l. Throughslghing,this
ACClEPTAN.CE OF CON.DIT10NS OF APPROV1\L, I ali)fee and commlt!Q thfi Citv of
Temecwa that I will imp~meht a'h.d abide ~y lhe C.onditlons of Appro.val, Includll'lg any
indemnification r.e.quirements tmpooed by !hoSJ;l condltlons.
~\
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dD ~ 10 F L.-0-07
DATE
ACCEPTED AND APPROVED:
Rancho View Professional Center, L.P., a
California limited partnership
By: Ranch View Management, LLC, a
California limited liability company
fis: General Partner
By: WEC Investments LLC. a
California limited liability company
Its: Co-Managing Member
By:
By:
t
By:
Robert W. Crise
Date: October 10, 2007
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EXHIBIT A
CITY OF TEMECULA
FINAL CONDITIONS OF APPROVAL
Planning Application No.: PA07-0084
Project Description:
A Tentative Parcel Map to subdivide 5.3 acres into two
parcels, generally located at the southwest corner of
Rancho California Road and Moraga Road
Assessor's Parcel No.:
944-290-022
MSHCP Category:
DIF Category:
Commercial
Office
TUMF Category:
Office
Approval Date:
October 3, 2007
Expiration Date:
October 3, 2009
WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT
Planning Department
1. The applicanUdeveloper shall deliver to the Planning Department a cashier's check or
money order made payable to the County Clerk in the amount of One Thousand Eight
Hundred Sixty-Four Dollars ($1,864.00) which includes the One Thousand Eight Hundred
Dollar ($1,800.00) fee, required by Fish and Game Code Section 711.4(d)(3) plus the Sixty-
Four Dollar ($64.00) County administrative fee, to enable the City to file the Notice of
Determination for the Mitigated or Negative Declaration required under Public Resources
Code Section 21152 and California Code of Regulations Section 15075. If within said 48-
hour period the applicanUdeveloper has not delivered to the Planning Department the check
as required above, the approval for the project granted shall be void by reason of failure of
condition [Fish and Game Code Section 711.4(c)].
2. The applicant shall sign the Acceptance of Conditions of Approval document that will be
provided by the Planning Department staff and return the document with an original
signature to the Planning Department.
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GENERAL REQUIREMENTS
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Planning Department
3. The tentative subdivision shall comply with the State of California Subdivision Map Act and
to all the requirernents of Ordinance No. 460, unless rnodified by the conditions listed below.
An Extension of Tirne rnay be approved in accordance with the State Map Act and City
Ordinance, upon written request, if rnade 60 days prior to the expiration date.
4. The applicant and owner of the real property subject to this condition shall hereby agree to
indernnify. protect, hold harmless, and defend the City with Legal Counsel of the City's own
selection frorn any and all claims, actions, awards, judgrnents, or proceedings against the
City to attack, set aside, annul, or seek rnonetary darnages resulting. directly or indirectly,
from any action in furtherance of and the approval of the City, or any agency or
instrumentality thereof. advisory agency, appeal board or legislative body including actions
approved by the voters of the City, concerning the Pianning Application. The City shall be
deemed for purposes of this condition, to include any agency or instrumentality thereof, or
any of its elected or appointed officials. officers, employees. consultants, contractors, legal
counsel, and agents. City shall promptly notify both the applicant and landowner of any
claim, action. or proceeding to which this condition is applicable and shall further cooperate
fully in the defense of the action. The City reserves the right to take any and all action the
City deems to be in the best interest of the City and its citizens in regards to such defense.
5. If Subdivision phasing is proposed, a DhasinQ plan shall be submitted to and approved by
the Planning Director.
6. The applicant shall comply with all mitigation measures contained in the approved Mitigation
Monitoring Program.
7. A Homeowners Association may not be terminated without prior City approval.
8. All landscaping including parkways and landscaping within right-of-way shall be maintained
by the property owner.
Building and Safety Department
9. All design components shall comply with applicable provisions of the 2001 edition of the
California Building, Plumbing and Mechanical Codes; 2004 California Electrical Code; Title
24 Disabled Access Regulations, and the Temecula Municipal Code.
10. The City of Temecula has adopted an ordinance to collect fees for a Riverside County area
wide Transportation Uniform Mitigation Fee (TUMF). Upon the adoption of this ordinance
on March 31, 2003, this project will be subject to payment of these fees at the time of
building permit issuance. The fees shall be subject to the provisions of Ordinance 03-01
and the fee schedule in effect at the time of building permit issuance.
11. A receipt or clearance letter from the Temecula Valley School District shall be submitted to
the Building and Safety Department to ensure the payment or exemption from School
Mitigation Fees.
12. Obtain all building plans and permit approvals prior to the commencement of any
construction work.
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13. Show all building setbacks.
14. All building and facilities must comply with applicable disabled access regulations. Provide
all details on plans (California Disabled Access Regulations effective April 1 , 1998).
15. Provide disabled access from the public way to the main entrance of the building.
16. Provide van accessible parking located as close as possible to the main entry.
17. Show path of accessibility from parking to furthest point of improvement.
18. Provide a house electrical meter to provide for the operation of irrigation, fire alarm systems
and exterior lighting at each building.
Public Works Department
The Department of Public Works recommends the following Conditions of Approval for this project.
Unless stated otherwise, all conditions shall be completed by the Developer at no cost to any
Government Agency:
19. It is understood that the Developer correctly shows on the tentative map all existing and
proposed easements, traveled ways, improvement constraints and drainage courses, and
their omission may require the project to be resubmitted for further review and revision.
20. A Grading Permit for rough grading shall be obtained from the Department of Public Works
prior to commencement of any construction outside of the City-maintained road right-of-way.
21. An Encroachment Permit shall be obtained from the Department of Public Works prior to
commencement of any construction within an existing or proposed City right-of-way.
22. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated
for consistency with adjacent projects and existing improvements contiguous to the site and
shall be submitted on standard 24" x 36" City of Temecula mylars.
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PRIOR TO ISSUANCE OF GRADING PERMITS
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Planning Department
23. The following shall be included in the Notes Section of the Grading Plan: "If at any time
during excavation/construction of the site, archaeological/cultural resources, or any artifacts
or other objects which reasonably appears to be evidence of cultural or archaeological
resource are discovered, the property owner shall immediately advise the City of such and
the City shall cause all further excavation or other disturbance of the affected area to
immediately cease. The Director of Planning at his/her sole discretion may require the
property to deposit a sum of money it deems reasonably necessary to allow the City to
consult and/or authorize an independent, fully qualified specialist to inspect the site at no
cost to the City, in order to assess the significance of the find. Upon determining that the
discovery is not an archaeological/cultural resource, the Director of Planning shall notify the
property owner of such determination and shall authorize the resumption of work. Upon
determining that the discovery is an archaeological/cultural resource, the Director of
Planning shall notify the property owner that no further excavation or development may take
place until a mitigation plan or other corrective measures have been approved by the
Director of Planning."
24. A copy of the Rough Grading plans shall be submitted and approved by the Planning
Department.
25. The Planning Department shall be notified in the event any cultural resources are
discovered during any and all grading, earthmoving or construction activities.
26. A qualified paleontological monitor shall provide cultural resources sensitivity training (a
minimum 15-minute presentation) for all project personnel prior to ground disturbance.
Proof of training shall be submitted to the Planning Department.
27. A qualified paleontological monitor shall be present during ground disturbing activities within
the project area determined likely to contain paleontological resources. All impacts to the
Pauba Formation shall be monitored. The Applicant shall supply the contact information of
the paleontological consultant to the Planning Department.
28. Upon encountering any significant fossils, salvage of all fossils in the area shall be
conducted in accordance with modern paleontological techniques. The Planning
Department shall be notified immediately upon the discovery of any resources.
29. Any significant fossils recovered shall be prepared to a reasonable point of identification.
Itemized catalogs of all material collected and identified shall be provided to the museum
repository along with the specimens.
30. Prior to the issuance of a building permit, a report shall be submitted to the Planning
department documenting the results of the monitoring and any salvage activities and the
significance of the fossils shall be prepared.
31. Any significant fossils recovered, along with the itemized inventory of the specimens, shall
be deposited in a museum repository for permanent curation and storage. A written
confirmation shall be provided to the Planning Department prior to occupancy.
32. Applicant shall comply with the following mitigation measures during all grading,
earthmoving and construction operations:
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a. Use of Best Available Control Measures pursuant to Air Quality Management District
guidelines for PM-10 and for diesel equipment exhaust; and during all grading
activities.
b. Water all active construction areas three times daily.
c. Cover all haul trucks or wet down dirt maintaining at least two feet of freeboard.
d. Pave or apply water four times daily to all unpaved parking or staging areas.
e. Reduce speed on unpaved areas of the project site to less than 15 miles per hour.
f. Sweep or wash any site access points within 30 minutes of any visible dirt
deposition on any public roadway.
g. Cover or water twice daily anyon-site stockpiles of debris, dirt or other dusty
material.
h. Suspend all operations on any unpaved surface if winds exceed 25 miles per hour.
i. Hydro seed or otherwise stabilize any cleared area which is to remain inactive for
more than 96 hours after clearing is completed.
j. gO-day 10w-NOx Tune up for all off-road equipment.
k. Trucks and heavy equipment shall idle no more than five minutes.
I. Park construction vehicles off traveled roadways.
m. Wash or sweep access points daily.
n. Sandbag construction sites for erosion control.
o. Limit lane closures to off-peak travel periods.
Building and Safety Department
33. Obtain street addressing for all proposed building prior to submittal for plan review. Site
plan to indicate all suite numbering in direct correlation with addressing and proposed
buildings.
34. Restroom fixtures, number and type, to be in accordance with the provisions of the 2001
edition of the California Building Code Appendix 29.
35. Provide electrical plan including load calculations and panel schedule, plumbing schematic
and mechanical plan applicable to scope of work for plan review.
36. Provide precise grading plan at plan check submittal to check accessibility for persons with
disabilities.
37. A pre-construction meeting is required with the building inspector prior to the start of the
building construction.
Public Works Department
38. As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
a. San Diego Regional Water Quality Control Board
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b. Planning Department
c. Department of Public Works
d. Community Services District
39. A Grading Plan shall be prepared by a registered Civil Engineer in accordance with City of
Temecula standards and approved by the Department of Public Works prior to
commencement of any grading. The plan shall incorporate adequate erosion control
measures to protect the site and adjoining properties from damage due to erosion.
40. The setback requirement for all toe and top of slopes shall conform to the latest California
Building Code, Appendix 33A.
41. A Soils Report shall be prepared by a registered Civil or Soils Engineer and submitted to the
Departrnent of Public Works with the initial grading plan check. The report shall address all
soils conditions of the site. and provide recommendations for the construction of engineered
structures and preliminary pavement sections.
42. A Geotechnical Report shall be prepared by a registered engineer or engineering geologist
and submitted to the Department of Public Works with the initial grading plan check. The
report shall address special study zones and identify any geotechnical hazards for the site
including location of faults and potential for liquefaction. The report shall include
recommendations to mitigate the impact of ground shaking and liquefaction.
43. A Drainage Study shall be prepared by a registered Civil Engineer and submitted to the
Department of Public Works with the initial grading plan check. The study shall identify
storm water runoff quantities expected from the development of this site and upstream of
the site. It shall identify all existing or proposed off-site or on-site, public or private. drainage
facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate outfall
capable of receiving the storm water runoff without damage to public or private property.
The study shall include a capacity analysis verifying the adequacy of all facilities. Any
upgrading or upsizing of drainage facilities necessary to convey the storrn water runoff shall
be provided as part of development of this project. The basis for analysis and design shall
be a storm with a recurrence interval of one hundred years.
44. Construction-phase pollution prevention controls shall be consistent with the City's Grading,
Erosion & Sediment Control Ordinance and associated technical manual, and the City's
standard notes for Erosion and Sediment Control.
45. The project shall demonstrate coverage under the State NPDES General Permit for
Construction Activities by providing a copy of the Waste Discharge Identification number
(WOlD) issued by the State Water Resources Control Board (SWRCB). A Stormwater
Pollution Prevention Plan (SWPPP) shall be available at the site throughout the duration of
construction activities.
46. A Water Quality Management Plan (WQMP) shall be prepared by a registered Civil
Engineer and submitted to the Department of Public Works with the initial grading plan
check. The WQMP shall address site design, source control and treatment control Best
Management Practices and be prepared in accordance with the Riverside County Water
Quality Management Plan for Urban Runoff. The WQMP shall be accepted as cornplete by
the Department of Public Works prior to issuance of a grading permit.
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47. The Developer shall post security and enter into an agreement guaranteeing the grading
and erosion control improvements in conformance with applicable City Standards and
subject to approval by the Department of Public Works.
48. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the
Riverside County Flood Control and Water Conservation District by either cashier's check or
money order, prior to issuance of permits, based on the prevailing area drainage plan fee. If
the full Area Drainage Plan fee or mitigation charge has already been credited to this
property, no new charge needs to be paid.
49. The applicant shall compiy with the provisions of Chapter 8.24 of the Temecula Municipal
Code (Habitat Conservation) by paying the appropriate fee set forth in that Ordinance or by
providing documented evidence that the fees have already been paid.
50. The Developer shall obtain letters of approval or easements for any off-site work performed
on adjoining properties. The letters or easements shall be in a format as directed by the
Department of Public Works.
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PRIOR TO ISSUANCE OF BUILDING PERMITS
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Public Works Department
51. Parcel Map shall be approved and recorded.
52. The Developer shall vacate and dedicate the abutters rights of access along Via Las
Colinas pursuant to the new location of the driveway.
53. A Precise Grading Plan shall be submitted to the Department of Public Works for review
and approval. The building pad shall be certified by a registered Civil Engineer for location
and elevation, and the Soils Engineer shall issue a Final Soils Report addressing
compaction and site conditions.
54. Grading of the subject property shall be in accordance with the California Building Code, the
approved grading plan, the conditions of the grading permit, City Grading Standards and
accepted grading construction practices. The final grading plan shall be in substantial
conformance with the approved rough grading plan.
55. The Developer shall pay to the City the Public Facilities Development Impact Fee as
required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all
Resolutions implementing Chapter 15.06.
56. The Developer shall pay to the City the Western Riverside County Transportation Uniform
Mitigation Fee (TUMF) Program as required by, and in accordance with, Chapter 15.08 of
the Temecula Municipal Code and all Resolutions implementing Chapter 15.08.
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PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY
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Public Works Department
57. The project shall demonstrate that the pollution prevention BMPs outlined in the WQMP
have been constructed and installed in conformance with approved plans and are ready for
immediate implementation.
58. As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
a. Rancho California Water District
b. Eastern Municipal Water District
c. Department of Public Works
59. All necessary certifications and clearances from engineers, utility companies and public
agencies shall be submitted as required by the Department of Public Works.
60. All improvements shall be constructed and completed per the approved plans and City
standards to the satisfaction of the Director of Public Works.
61. The existing improvements shall be reviewed. Any appurtenance damaged or broken due
to the construction operations of this project shall be repaired or removed and replaced to
the satisfaction of the Director of Public Works.
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PRIOR TO RECORDATION OF THE FINAL MAP
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Planning Department
62. The following shall be submitted to and approved by the Planning Department:
a. A copy of the Final Map.
b. A copy of the Environmental Constraint Sheet (ECS) with the following notes:
i. This property is located within thirty (30) miles of Mount Palomar
Observatory. All proposed outdoor lighting systems shall comply with the
California Institute of Technology, Palomar Observatory recommendations,
Ordinance No. 655.
ii. An Initial Study was prepared for this project and is on file at the City of
Temecula Planning Department.
c. A copy of the Covenants, Conditions, and Restrictions (CC&R's):
i. CC&R's shall be reviewed and approved by the Planning Director. The
CC&R's shall include liability insurance and methods of maintaining open
space, recreation areas, parking areas, private roads, exterior of all buildings
and all landscaped and open areas including parkways.
ii. The CC&R's shall be prepared at the developer's sole cost and expense.
iii. The CC&R's shall be in the form and content approved by the Planning
Director, City Engineer and the City Attorney and shall include such
provisions as are required by this approval and as said officials deem
necessary to protect the interests of the City and it's residents.
iv. The CC&R's and Articles of Incorporation of the Property Owner's
Association are subject to the approval of the Planning and Public Works
Departments and the City Attorney. They shall be recorded concurrent with
the final map. A recorded copy shall be provided to the City.
v. The CC&R's shall provide for the effective establishment, operation,
management, use, repair and maintenance of all common areas, drainage
and facilities.
vi. The CC&R's shall provide that the property shall be developed, operated
and maintained so as not to create a public nuisance.
vii. The CC&R's shall provide that the association may not be terminated
without prior City approval.
viii. The CC&R's shall provide that if the property is not maintained in the
condition required by the CC&R's, then the City, after making due demand
and giving reasonable notice, may enter the property and perform, at the
owner's sole expense, any maintenance required thereon by the CC&R's or
the City Ordinances. The property shall be subject to a lien in favor of the
City to secure any such expense not promptly reimbursed.
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17
ix. Every owner of a suite or lot shall own as an appurtenance to such suite or
lot, either (1) an undivided interest in the common areas and facilities, or (2)
a share in the corporation, or voting membership in an association owning
the common areas and facilities.
x. All open areas and landscaping shall be permanently maintained by the
association or other means acceptable to the City. Such proof of this
maintenance shall be submitted to the Planning and Public Works
Department prior to the issuance of building permits.
xi. Reciprocal access easements and maintenance agreements ensuring
access to all parcels and joint maintenance of all roads, drives or parking
areas shall be provided by the CC&R's or by deeds and shall be recorded
concurrent with the map or prior to the issuance of building permit where no
map is involved.
63. No lot or suite in the development shall be sold unless a corporation, association, property
owner's group or similar entity has been formed with the right to assess all properties
individually owned or jointly owned which have any rights or interest in the use of the
common areas and common facilities in the development, such assessment power to be
sufficient to meet the expenses of such entity, and with authority to control, and the duty to
maintain, all of said mutually available features of the development. Such entity shall
operate under recorded CC&R's, which shall include compulsory membership of all owners
of lots and/or suites and fiexibility of assessments to meet changing costs of maintenance,
repairs, and services. Recorded CC&R's shall permit enforcement by the City for provisions
required as Conditions of Approval. The developer shall submit evidence of compliance
with this requirement to, and receive approval of, the City prior to making any such sale.
This condition shall not apply to land dedicated to the City for public purposes.
64. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed
by this permit.
Public Works Department
Prior to Approval of the Parcel Map, unless other timing is indicated, the Developer shall complete
the following or have plans submitted and approved, subdivision improvement agreements
executed and securities posted.
65. As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
a. San Diego Regional Water Quality Control Board
b. Rancho California Water District
c. Eastern Municipal Water District
d. City of Temecula Fire Prevention Bureau
e. Planning Department
f. Department of Public Works
g. Community Services District
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66. The Developer shall design and guarantee construction of the following public
improvements to City of Temecula General Plan standards unless otherwise noted. Plans
shall be reviewed and approved by the Department of Public Works:
a. Improve Rancho California Road (Arterial Highway Standards - 110' RfW) to include
dedication an additional 12' of street right-of-way, installation of sidewalk, street
lights, drainage facilities, signing and striping, utilities (including but not limited to
water and sewer), raised landscaped median.
b. Improve Moraga Road (Collector Road Standards - 66' RIW) to include dedication
of half-width street right-of-way, installation of half-width street improvements,
paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and
striping, utilities (including but not limited to water and sewer).
c. Improve Via Las Colinas (Local Road Standards - 60' RfW) to include dedication of
half-width street right-of-way, installation of half-width street improvements, paving,
curb and gutter, sidewalk, street lights, drainage facilities, signing and striping,
utilities (including but not limited to water and sewer).
d. All street improvement design shall provide adequate right-of-way and pavement
transitions per Caltrans standards for transition to existing street sections.
67. The Developer shall design and construct or provide an in lieu of construction fee for half
width raised landscape median on Rancho California Road (Arterial Highway Standards-
110' RIW) from sta 37+80.00 to 43+10.00 (along property frontage). Plans shall be
reviewed and approved by the Department of Public Works.
68. Unless otherwise approved the following minimum criteria shall be observed in the design of
the street improvement plans:
a. Street centerline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum
over AC. paving.
b. Driveways shall conform to the applicable City Standard No. 207A
c. Street lights shall be installed along the public streets shall be designed in
accordance with City Standard Nos. 800 & 801.
d. Concrete sidewalks shall be constructed in accordance with City Standard Nos. 400
and 401.
e. Design of street improvements shall extend a minimum of 300 feet beyond the
project boundaries to ensure adequate continuity of design with adjoining properties.
f. Minimum centerline radii shall be in accordance with City Standard No. 113.
g. All reverse curves shall include a 100-foot minimum tangent section.
h. All street and driveway centerline intersections shall be at 90 degrees.
i. All knuckles shall be constructed in accordance with City Standard No. 602.
j. All cul-de-sacs shall be constructed in accordance in City Standard No. 600.
k. All concentrated drainage directed towards the public street shall be conveyed
through curb outlets per City Standard No. 301.
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I. All utility systems including gas, electric, telephone, water, sewer, and cable TV
shall be provided underground. Easements shall be provided as required where
adequate right-of-way does not exist for installation of the facilities. All utilities shall
be designed and constructed in accordance with City Codes and the utility provider.
m. All utilities, except electrical lines rated 34kv or greater, shall be installed
underground.
69. A construction area Traffic Control Plan shall be designed by a registered Civil Engineer
and reviewed by the Department of Public Works for any street closure and detour or other
disruption to traffic circulation as required by the Department of Public Works.
70. Relinquish and waive right of access to and from Rancho California Road on the Parcel
Map with the exception of two opening(s) on Via Las Colinas as delineated on the approved
Tentative Parcel Map.
71. Corner property line cut off for vehicular sight distance and installation of pedestrian
facilities shall be provided at all street intersections in accordance with Riverside County
Standard No. 805.
72. All easements and/or right-of-way dedications shall be offered for dedication to the public or
other appropriate agency and shall continue in force until the City accepts or abandons such
offers. All dedications shall be free from all encumbrances as approved by the Department
of Public Works.
73. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of an
existing Assessment District must comply with the requirements of said section. Prior to
City Council approval of the Parcel Map, the Developer shall make an application for
reapportionment of any assessments with appropriate regulatory agency.
74. Any delinquent property taxes shall be paid.
75. An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the Parcel
Map to delineate identified environmental concerns and shall be recorded with the map. A
copy of the ECS shall be transmitted to the Public Works Department and the Planning
Department for review and approval.
76. The Developer shall comply with all constraints which may be shown upon an
Environmental Constraint Sheet recorded with any underlying maps related to the subject
property.
77. The Developer shall make a good faith effort to acquire the required off-site property
interests, and if he or she should fail to do so, the Developer shall, prior to submittal of the
Parcel Map for recordation, enter into an agreement to complete the improvements pursuant
to the Subdivision Map Act, Section 66462 and Section 66462.5. Such agreement shall
provide for payment by the Developer of all costs incurred by the City to acquire the off-site
property interests required in connection with the subdivision. Security of a portion of these
costs shall be in the form of a cash deposit in the amount given in an appraisal report
obtained by the Developer, at the Developer's cost. The appraiser shall have been
approved by the City prior to commencement of the appraisal.
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78. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be
provided for underground, with easements provided as required, and designed and
constructed in accordance with City Codes and the utility provider. Telephone, cable TV,
and/or security systems shall be pre-wired in the residence.
79. The Developer shall notify the City's cable TV Franchises of the Intent to Develop. Conduit
shall be installed to cable TV Standards at time of street improvements.
80. Private drainage easements for cross-lot drainage shall be required and shall be delineated
and noted on the final map.
81. An easement for a joint use driveway shall be provided prior to approval of the Parcel Map
or issuance of building permits, whichever occurs first.
82. Easements, when required for roadway slopes, landscape easements, drainage facilities,
utilities, etc., shall be shown on the final map if they are located within the land division
boundary. All offers of dedication and conveyances shall be submitted for review and
recorded as directed by the Department of Public Works. On-site drainage facilities located
outside of road right-of-way shall be contained within drainage easements and shown on
the final map. A note shall be added to the final map stating "drainage easements shall be
kept free of buildings and obstructions. "
Community Services Department
83. TCSD shall review and approve the CC&R's.
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21
OUTSIDE AGENCIES
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84. The applicant shall comply with the recommendations set forth in the County of Riverside
Department of Environmental Health's transmittal dated April 4, 2007, a copy of which is
attached.
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23
o Cc ---,NTY OF RIVERSIDE . HEAL .. SERVICES AGENCY 0
DEPARTMENT OF ENVIRONMENTAL HEALTH
Apri14,2007
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City ofTemecuIa Planning Department
P.O. Box 9033
Temecula, CA 92589-9033
A1TN: Betsy Lowrey:
RE: PARCEL MAP NO. 35481, (2 LOTS)
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Dear Ms. Lowrey:
1. The Department of Environmental Health has reviewed Tract Map No. 35481 and
recommends:
a A water system shall be installed according to plans and specifications as approved
by the water company and the Environmental Health Department. Pennanent
prints of the plans of the water system shall be submitted in triplicate, with a
minimum scale not less than one inch equals 200 feet, along with the original
drawing to the County Surveyor's Office. The prints shall show the internal pipe
diameter, location of valves and fire hydrants; pipe and joint specifications, and the
size of the main at the junction of the new system to the existing system. The
plans shall comply in all respects with Div. 5, Part 1, Chapter 7 of the California
Health and Safety Code, California Administrative Code, Title 11, Chapter 16, and
General Order No. 103 of the Public Utilities Commission of the State of
California, when applicable. The plans shall be signed by a registered engineer and
water company with the following certification: "I certifY that the design of the
water system in Parcel Map No. 35481 is in accordance with the water system
expansion plans of the Rancho California Water District and that the water
services, storage, and distribution system will be adequate to provide water service
to such "Parcel Mapn. This certification does not constitute a guarantee that it will
supply water to such Parcel Map at any specific quantities, flows or pressures for
fire protection or any other purpose. This certification shall be signed by Ii
responsible official of the water company. The plans must be submitted to the
County Surveyor's Office to review at least two weeks PRIOR to the request for
the recordation of the final map. This Department has no written verification of
water service from Eastern Municipal Water District.
local Enforcement Agency. PO. Box'1280. Riverside. CA 92502-1280. (909) 955-8982. FAX (909) 781-9653 . 4080 Lemon Street. 9th FloOL Riverside. CA 92501
l.and Use and Water Engine!:!ring . PO. l30x 1206, Riverside. CA 92!'i02-1206 . (909i 955-8980 . FAX (909) 955-8903 . 4080 Lemon Street. 2nd Floor. Riverside. (.6. CJ2S01
Page Two
Attn: Betsy Lowrey
April 4, 2007
2. This subdivision is within the Eastern Municipal Water District and shall be connected to
the sewers of the District. The sewer system shall be installed according to plans and
specifications as approved by the District, the County Surveyor's Office and the Health
Department. Pennanent prints of the plans of the sewer system shall be submitted in
triplicate, along with the original drawing, to the County Surveyor's Office. The prints
shall show the internal pipe diameter, location of manholes, complete profiles, pipe and
joint specifications and the size of the sewers at the junction of the new system to the
existing system. A single plat indicating location of sewer lines and waterlines shall be a
portion ofthe sewage plans and profiles. The plans shall be singed by a registered
engineer and the sewer district with the following certification: "I certifY that the design
of the sewer system in Parcel Map No. 35481 is in accordance with the sewer system
expansion plans of the Eastem Municipal water District and that the waste disposal system
is adequate at this time to treat the anticipated wastes from the proposed Tract Map".
The plans must be submitted to the County Surveyor's Office to review at least two weeks
PRIOR to the request for the recordation of the finaI map. This Department has no
written verification of sewer service from Eastern Municipal Water District.
am Martinez
Supervising Environmental Health Specialist