HomeMy WebLinkAbout08-014 CC Resolution
.
I
I
I
RESOLUTION NO. 08-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING TEf+TATlVE,PAftCEL MAP
NO. 32468, TO CQNSOLlDATE EIGHT LOTS TOTALING
35.31 ACRES INTO ONE PARCEL, LOCATi!O ON THE
NORTH SiDE OF HIGHWAY 79 SOUTH,
APPROXIMATELY 7eO FEET WEST OF MAftGARITA
ROAD AND.~ KNOWN AS ASSESSOR'S PARCEL
NNUMBERS '959-'O89;'()01 THROtllSH 959-0&0;.004 AND
'_ 1 _ '. -. -.
959-080.o07lHROUGH959.080.010 (PA07.i02{)1)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOllOWS:
Section 1. Procedural Findinas. The City Council of the City of Temecula
does hereby find, determine and declare that:
A. Universal Health Services of Rancho Springs, Inc. ("UHS"), filed Planning
Application Nos. PA04-0462, General Plan Amendment; PA05-0302, Zone Change to
PDO-9 (Planned Development Overlay-9); PA04-0463, Conditional Use Permit and
Development Plan; and PA04-0571, Tentative Parcel Map in a manner in accordilnce
with the City of Temecula General Plan and Development Code, which applications are
hereby incorporated by reference, for the property consisting of approximately 35.31
acres generally located on the north side of Highway 79 South, approximately 700 feet
west of Margarita Road, known as Assessor's Parcel Numbers 959-080-001 through
959-080-004 and 959-080-007 through 959-080-010 ("Project").
B. The Project was processed including, but not limited to, public notice in
the time and manner prescribed by State and local law, including the California
Environmental Quality Act.
C. On April 6, 2005, the Planning Commission considered the Project 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 of or
opposition to this matter.
D. The Planning Commission, based on testimony presented by the general
public, determined that an Environmental Impact Report would be required for this
Project.
E. On April 20, 2005, a scoping session was held before the Planning
Commission to determine the extent of issues to be addressed in the Environmental
Impact Report for the Project.
.. ~:/Res:", 2008!~eSOS 08-14
_ J ~....".'~'_',
. "-~..~,
.
I'
I
I
F. A Draft Environmental Impact Report was prepared in. accordance with the
California Environmental Quality Act and the California Environmental Quality Act
Guidelines and circulated for public review from September 28, 2005 through October 8,
2005.
G. On November 16, 2005, and again on January 5, 2006, the Planning
Commission considered the Project at duly noticed public hearings as prescribed by
law, at which time the City staff and interested persons had an opportunity to, and did
testify either in support of or opposition to this matter.
H. Following consideration of the entire record of information received at the
public hearings, the Planning Commission adopted Resolution No. 06-01
recommending that the City Council certify the Final Environmental Impact Report for
the Project and approve a Mitigation Monitoring Program for the Project.
I. Following consideration of the entire record of information received at the
public hearings and due consideration of the proposed Project, the Planning
Commission adopted Resolution No. 06-05, recommending approval of Tentative Parcel
Map No. 32468 (PA04-0571).
J. On January 24, 2006, the City Council held a duly noticed public hearing
as prescribed by law on the Final Environmental Impact Report at which time all
persons interested had the opportunity to present oral and written evidence on the Final
Environmental Impact Report.
K. On January 24, 2006, following consideration of the entire record of
information received at the public hearings before the Planning Commission and the
City Council, and due consideration ofthe Project, the City Council adopted Resolution
No. 06-05, entitled "A RESOLUTION OF THE CITY COUNCil OF THE CITY OF
TEMECULA CERTIFYING THE FINAL ENVIRONMEN-TAl IMPACT REPORT
PREPARED FOR PLANNING APPLICATION NOS. PA04-0462 (GENERAL PLAN
AMENDMENT), PA05-0302 (ZONE CHANGE), PA04-0493 (CONDITIONAL USE
PERMIT AND DEVELOPMENT PLAN) AND PA04-0571 (TENTATIVE PARCEL MAP)
AND RELATED ACTIONS, AND ADOPTING THE FINDINGS PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT, A STATEMENT OF OVERRIDING
CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING
PROGRAM IN CONNECTION THEREWITH FOR THE PROPERTY CONSISTING OF
APPROXIMATELY 35.31 ACRES GENERALLY LOCATED ON THE NORTH SIDE OF
HIGHWAY 79 SOUTH, APPROXIMATELY 700 FEET WEST OF MARGARITA ROAD,
KNOWN AS ASSESSOR'S PARCEL NUMBERS 959-080-001 THROUGH 959-080-004
AND 959-080-007 THROUGH 959-080-010 (PA04-0462, PA05-0302, PA04-0463,
PA04-0571)."
L On January 24, 2006, the City Council considered Tentative Parcel Map
No. 32468 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 of or
opposition to this matter.
R:/Resos 2OQ8IResos 08-14
~,.;_. .c.: .-,'>'."
2
, -,-,
-".".. ;., _.:.,'-t_,_" ,.,' ,'~.
.' ,. -
",-. - ',',," ><~.'.. ~~.... c. -". :,; _
.
I
I
I
M. Following consideration of the entire record of information received at the
public hearings and due consideration of the proposed Project, the City Council adopted
Resolution No. 06-08, approving Tentative Parcel Map No. 32468 (PA04-0571).
N. Two lawsuits were timely filed seeking to set aside the certification of the
Final EIR and approval of the Project by the City Council of the City of Temecula. The
lawsuit filed by Petitioner~, California Nurses Association (Riverside County Superior
Court Case No. RIC 445394) was filed on February 24, 2006. The second suit, by
Petitioners Citizens Against Noise and Traffic (Riverside County Superior Court Case
No. RIC 445411), was filed on February 24,2006.
O. On May 3, 2007, the Riverside CoufltySuperior Court (hereafter, the
"Court") ordered that the City of Temecula set aside itsa~proval of the Project, and its
certification of the Final EIR. In its Order, the Court concluded that the EIR failed to
adequately address construction noise impacts, siren noise impacts and mitigation
measures for traffic impacts, and did not address potential impacts from underground
methyl tertiary butyl ether (MTBE) plumes potentially generated by three gas stations in
the vicinity that might have the potential to migrate under the site, contaminate the soil
on the site and generate unhealthful gas vapors.
P. The Court also held that the Final Environmental Impact Report properly
addressed: (1) cumulative noise, light and glare, and aesthetic impacts; (2) landscaping
mitigation deferral; (3) biological resources; (4) geology and soils mitigation; and (5)
land use consistency. All other aspects of the Final EIR were unchallenged during the
challenge period, and thus are presumed to be adequate along with those aspects
specifically upheld by the Court.
Q. On July 12, 2007, a scoping session was held to determine the extent of
issues to be addressed in the Draft Supplemental Environmental Impact Report ("Draft
SEIR") for the Project.
R. In response to the Riverside County Superior Court's decision, a Draft
Supplemental Environmental Impact Report was prepared in accordance with the
California Environmental Quality Act and the California Environmental Quality Act
Guidelines and circulated for public review from November 5, 2007 through December
5,2007.
R:/Resos 2008/Resos 08-14
I
h.'d..!
3
,,-.,' """
q;. ,_,.c.;._..j,_,.:....,,.~.. :'"'-~" ell;...'._. _~_.
.
I
I
I
S. On January 9, 2008, the Planning Commission considered Planning
Application Nos. PA07-0198 (General Plan Amendment), PA07-0199 (Zone Change),
PA07-0202 (Conditional Use Permits), PA07-0200 (Development Plan) and PA07-0201
(Tentative Parcel Map) in a manner in accordance with the City of Temecula General
Plan and Development Code, which applications are hereby incorporated by reference,
for the property consisting of approximately 35.31 acres generally located on the north
side of Highway 79 South, approximately 700 feet west of Margarita Road, known as
Assessor's Parcel Numbers 959-080-001 through 959-080-004 and 959-080-007
through 959-080-010 ("Project"), 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 of or opposition to this matter.
T. Following consideration of the entire record of information received at the
public hearing, the Planning Commission adopted Resolution No. 08-01 recommending
that the City Council certify the Final Supplemental Environmental Impact Report for the
Project, adopt a Statement of Overriding Considerations, and approve a Mitigation
Monitoring Program for the Project.
U. Following consideration of the entire record of information received at the
public hearings and due C()nsideration of the proposed Project, the Planning
Commission adopted Resolution No. 08-06, recommending approval of the Tentative
Parcel Map No. 32468 (PA07-0201).
V. On January 22, 2008, the City Council rescinded and invalidated its
approvals of Planning Application.Nos. PA04-0462, General Plan Amendment; PA05-
0302, Zone Change to PDO-9 (Planned Development Overlay-9); PA04-Q463,
Conditional Use Permit and Development Plan; and PA04-0571, Tentative Parcel Map
for the property consisting of approximately 35.31 acres generally located on the north
side of Highway 79 South, approximately 700 feet west of Margarita Road, known as
Assessor's Parcel Numbers 959-080-001 through 959-080-004 and 959-080-007
through 959-080-010.
W. On January 22, 2008, the City Council considered Tentative Parcel Map
No. 32468 (PA07-0201). 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 of or opposition to this matter.
X. Following consideration of the entire record of information received at the
public hearings before the Planning Commission and the City Council, and due
consideration of the proposed Project, the City Council adopted Resolution No. 08-10,
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
CERTIFYING A SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT, ADOPTING
FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT,
ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING
A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION
THEREWITH; AND RESCINDING THE PRIOR APPROVAL OF THE PROJECT AND
CERTIFICATION OF A FINAL ENVIRONMENTAL IMPACT REPORT PURSUANT TO
R/Resos 2008/Resos 08-14
4
~: ~,-,_ ;,;r""",-'.i~'
:';'_,;>l.",.-~,,'>
.,.,.,...:i>'...h"" .'"
.
I
I
I
A COURT ORDER, All FOR THE TI;MECULA REGIONAL HOSPITAL PROJECT,
LOCATED ON THE NORTH SIDE OF TEMECULA PARtoNAY (HIGHWAY 79 SOUTH)
APPROXIMATELY 700 FEET WEST OF MARGARITA ROAD, AND KNOWN AS
ASSESSOR'S PARCEL NUMBeRS 959-080-001 THROUGH 959-080-004 AND 959-
080-007 THROUGH 959-080-01'0 (PA07-0198. PA07-0199, PA07-0202, PA07-0200.
and PA07-0201)."
Y. All legal preconditions to the adoption of this Resolution have occurred.
Section 2. Findinas.
makes the following findings:
The City Council of the City of Temecula hereby
A. The proposed subdivision and the design and improvements of the
subdivision is consistent with the Development Code, Subdivision Ordinance, General
Plan, and the City of Temecula Municipal Code;
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 contract of 1965,
or the land is subject to a land Conservation Act contract;
C. The site is physically suitable for the uses and proposed density as shown
on the tentative map as proposed by the Applicant;
D. The design of the proposed subdivision and the proposed improvements,
with appropriate conditions of approval, is not likely to cause significant environmental
damage or substantially and avoidably injure fish or wildlife or their habitat. There are
no known fish, wildlife or habitat on the Project site, and the Project will not affect any
fish, wildlife or habitat off-site. In addition, a Mitigated Negative Declaration has been
prepared and certified prior to action on the Application;
E. The design of the subdivision and the type of improvements are not likely
to cause serious public health problems;
F. The design of the subdivision provides for future passive or natural
heating or cooling opportunities in the subdivision to the extent feasible;
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; and
H. The subdivision is a commercial Project and is not subject to Quimby fees.
Section 3. Conditional Aooroval. The City Council of the City of Temecula
hereby approves Tentative Parcel Map No. 32468, Planning Application No. PA07-
0201, consolidating eight parcels totaling 35.31 acres into 1 parcel, for the property
R:/Resos 2008/Resos 08-14
5
i:-~o.,d~M"""'
.'':~-'';
.
II
I
I
generally located on the north side of Highway 79 South, approximately 700 feet west of
Margarita Road, known as Assessors Parcel Nos. 959-080-001 through 959-080-004
and 959-080-007 through 959-080-010 subject to the specific conditions set forth in
Exhibit A, attached hereto, and incorporated herein by this reference as though set forth
in full.
Section 4. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 22nd day of January, 2008.
~
~M;~~aYO'
~
ArrEST:
[SEAL]
R:/Resos 2008/Resos 08-14
6
.
11
I
I
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. 08-14 was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 22nd day of January, 2008, by the
following vote:
AYES: 5
COUNCil MEMBERS:
NOES: 0
COUNCil MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
ABSENT: 0
ABSTAIN: 0
R:/Resos 2008/Resos 08-14
Comerchero, Edwards, Roberts,
Washington, Naggar
None
None
None
7
. Jones, MMC
City Clerk
.
I
I
I
EXHIBIT A
FINAL CONDITIONS OF APPROVAL
SCANNED:
G DRIVE:
PERMITS PLUS:
INITIALS:
PLANNER:
C:\Documents and SettingslShelley.Mueller\Local Settings\Temporary Inlernet Files\OLK8BA\COA-TPM.doc
1
Papp
.
I
I
I
ACCEPTANCE OF CONDITIONS OF APPROVAL
I, Tim Rielly, understand that Planning Application No. PA07 -0201 has been approved with
Conditions of Approval which are set forth in Exhibit A. I have read the Conditions of
Approval contained in CC Resolution No. 08-14 and understand them. Through signing
this ACCEPTANCE OF CONDITIONS OF APPROVAL, I agree and commit to the City of
Temecula that I will implement and abide by the Conditions of Approval, including any
indemnification requirements imposed by those conditions.
SIGNA TURE
DATE
C:\Documents and Settings\Shelley.Mueller\local Settings\Temporary Internet Files\OLK8BA\COA- TPM.doc
2
.
I
I
I
EXHIBIT A
CITY OF TEMECULA
FINAL CONDITIONS OF APPROVAL
Planning Application No.: PA07-0201
Project Description:
A Tentative Parcel Map (TPM 32468) to consolidate eight
parcels totaling 35.31 acres into one parcel located on
the north side of Highway 79 South, approximately 700
feet west of Margarita Road
Assessor's Parcel Nos.:
959-080-001 through 959-080-004 and 959-080-007
through 959-080-010
MSHCP Category:
DIF Category:
TUMF Category:
Commercial
Office
Service Commercial/Office
Approval Date:
January 22, 2008
January 22, 2011
Expiration Date:
WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT
Planning Department
1. The applicant/developer shall deliver to the Planning Department a cashier's check or
money order made payable to the County Clerk in the amount of Two Thousand Six
Hundred Seventy Dollars and seventy five cents ($2,670.75) which includes the Two
Thousand Six Hundred Six Dollar and seventy five cents ($2,606.75) 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 Environmental
Impact Report required under Public Resources Code Section 21152 and California Code of
Re9ulations Section 15904. If within said 48- hour period the applicant/developer 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 Plannin9 Department staff and return the documents with an original
signature to the Planning Department.
C:\Documents and SettingslShelley.Mueller\Local Settings\Temporary Internet Files\OLK8BA\COA-TPM.doc
3
.
I
I
I
GENERAL REQUIREMENTS
C:\Documents and SettingslShelley.Mueller\Local SettingslTemporary Internet FilesIOLK8BAICOA-TPM.doc
4
-
I
I
I
Planning Department
3. The tentative subdivision shall comply with the State of California Subdivision Map Act and
to all the requirements of Ordinance No. 460, unless modified by the conditions listed below.
A time extension may be approved in accordance with the State Map Act and City
Ordinance, upon written request, if made 60 days prior to the expiration date.
4. The applicant and owner of the real property subject to this condition shall hereby agree to
indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own
selection from any and all claims, actions, awards, judgments, or proceedings against the
City to attack, set aside, annul, or seek monetary damages 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 Planning 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 phasino plan shall be submitted to and approved by
the Planning Director.
6.
The project and all subsequent projects within this site shall comply with all mitigation
measures identified within the Supplemental EIR for the Temecula Regional Hospital Project
(SCH No. 2005031017).
7. The applicant shall comply with all mitigation measures contained in the approved Mitigation
Monitoring Program.
8. Landscaping installed for the Project shall be continuously maintained to the reasonable
satisfaction of the Planning Director. If it is determined that the landscaping is not being
maintained, the Planning Director shall have the authority to require the property owner to
bring the landscaping into conformance with the approved landscape plan. The continued
maintenance of all landscaped areas shall be the responsibility of the developer or any
successors in interest.
9. All the foregoing conditions shall be complied with prior to occupancy or any use allowed by
this permit.
10. The applicant shall dedicate and record an eight-foot wide public access easement for multi-
use trail purposes on the Final Parcel Map 32468. Location of the multi-use trail shall be
approved by the Director of Planning.
Public Works Department
11.
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.
C:\Documents and SettingslShelley.Mueller\Local SettingslTemporary Internet FilesIOLK8BAICOA-TPM.doc
5
.
I
I
I
A Grading Permit for either rough or precise 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
13. 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.
12.
14. All improvement plans and grading 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.
15. All on-site drainage facilities shall be maintained by a private maintenance association or
property owner.
16. All utilities, except electrical lines rated 34kv or greater, shall be installed underground.
17. The driveway on De Portola Road will be restricted to right-in/right-outlleft-in movements.
Fire Prevention
18. Final fire and life safety conditions will be addressed when building plans are reviewed by
the Fire Prevention Bureau. These conditions will be based on occupancy, use, the
California Building Code (CBC), California Fire Code (CFC), and related codes which are in
force at the time of building plan submittal.
19.
The Fire Prevention Bureau is required to set a minimum fire flow for residential land division
per CFC Appendix III.A, Table A-III-A-1. The developer shall provide for this project, a water
system capable of delivering 4,000 GPM at 20-PSI residual operating pressure with a 4 -
hour duration. The required fire flow may be adjusted during the approval process to reflect
changes in design, construction type, or automatic fire protection measures as approved by
the Fire Prevention Bureau. The Fire Flow as given above has taken into account all
information as provided (CFC 903.2, Appendix III-A).
20. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC
Appendix III-B, Table A-III-B-1. Super fire hydrants (6" x 4" x 2-2 1/2" outlets) shall be
located on Fire Department access roads and adjacent public streets. Hydrants shall be
spaced at 350 feet apart, at each intersection and shall be located no more than 210 feet
from any point on the street or Fire Department access road(s) frontage to a hydrant. The
required fire flow shall be available from any adjacent hydrant(s) in the system (CFC 903.2,
903.4.2, and Appendix III-B).
21. All traffic calming devices that could impede or slow emergency vehicle access are
prohibited, except those expressly approved by the Fire Prevention Bureau individually on a
case by case basis when they maintain the required travel widths and radii.
22.
If construction is phased, each phase shall provide approved access and fire protection prior
to any building construction (CFC 8704.2 and 902.2.2). This will include all internal roads,
connecting roads between phases, and construction gates. All required access must be in
and available prior to and during ALL construction. Phasing is approved on a separate map,
and is ultimately subject to final approval in the field.
C:\Documents and Setlings\Shelley.Mueller\Local Settings\Temporary Internet Files\OLK8BA\COA-TPM.doc
6
.
I
I
I
PRIOR TO ISSUANCE OF GRADING PERMITS
C:\Documents and SettingslShelley.Mueller\Local Settings\Temporary Internet Files\OLK8BA\COA-TPM.doc
7
.
I
I
I
23.
The following shall be included in the Notes Section of the Gradin9 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 Plannin9."
24. A copy of the rough grading plans shall be submitted and approved by the Planning
Department.
25. CR-1 Prior to the issuance of grading permits, the developer is required to enter into a
Cultural Resources Treatment Agreement with the Pechanga Tribe. This Agreement will
address the treatment and disposition of cultural resources and human remains that may be
impacted as a result of the development of the Project, as well as provisions for tribal
monitors.
26.
CR-2 If cultural resources are discovered during the project construction (inadvertent
discoveries), all work in the area of the find shall cease, and a qualified archaeologist and
representatives of the Pechanga Tribe shall be retained by the project sponsor to investigate
the find, and make recommendations as to treatment and mitigation.
27. CR-3 A qualified archaeological monitor will be present and will have the authority to stop
and redirect grading activities, in consultation with the Pechanga Tribe and their designated
monitors, to evaluate the significance of any archaeological resources discovered on the
property.
28. CR-4 Tribal monitors from the Pechanga Tribe shall be allowed to monitor all grading,
excavation and ground breaking activities, including all archaeological surveys, testing, and
studies, to be compensated by the developer.
29. CR-5 The landowner agrees to relinquish ownership of all cultural resources, including all
archaeological artifacts that are found on the Project area, to the Pechanga Tribe for proper
treatment and disposition.
30. CR-6 All sacred sites are to be avoided and preserved.
31.
A qualified paleontologist/archaeologist shall be chosen by the developer for consultation
and comment on the proposed grading with respect to potential paleontological/
archaeological impacts. A meeting between the paleontologist/ archaeologist, Planning
Department staff, and grading contractor prior to the commencement of grading operations
and the excavation shall be arranged. The paleontologist/archaeologist or representative
shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery
of fossils.
C:\Documents and SettingslShelley.Mueller\Local SettingslTemporary Internet FilesIOLK8BAICOA-TPM.doc
8
.
I
I
I
32.
The Pechanga Band of Luiseno Indians shall be contacted to afford the Band an opportunity
to monitor ground-disturbing activities and participate in the decisions regarding collection
and curation of any such resources. The applicant shall submit correspondence to the
Planning Department that confirms that such contact has been made priorto the issuance of
a grading permit.
33. The Applicant shall enter into a pre-construction agreement/treatment plan with the
Pechanga Band of Luiseno Indians, prior to the issuance of grading permits that sets forth
and contains the terms and conditions for the treatment of discoveries of Native American
cultural resources. The agreement/treatment plan shall contain provisions for the treatment
of all Native American cultural items, artifacts, and human remains that may be uncovered
during the project. The agreement/treatment plan may allow for the presence of Pechanga
tribal monitors during any ground-disturbing activities. The applicant shall submit a signed
copy of the pre-construction agreement/treatment plan to the Planning Department prior to
the issuance of a grading permit.
34. The Applicant and/or landowner agrees to relinquish all cultural resources, including all
archeological artifacts, that are found on the Project area to the Pechanga Band of Luiseno
Indians for proper treatment and disposition. This mitigation measure shall be placed on the
grading plan as a note prior to issuance of a grading permit.
35.
Prior to any ground disturbance activities a qualified archaeological monitor will be present
and will have the authority to stop and redirect grading activities, in consultation with the
Pechanga Band of Luiseno Indians and their designated monitors, to evaluate the
significance of any archaeological resources discovered on the property. This mitigation
measure shall be placed on the grading plan as a note prior to issuance of a grading permit.
36.
If any human remains are encountered on the project site, all ground disturbing activities in
the vicinity of the discovery will be terminated immediately and the County Coroner's office
and the Pechanga Band of Luiseno Indians will be contacted to arrange for the treatment of
such remains. This mitigation measure shall be placed on the grading plan as a note prior to
issuance of a grading permit.
37. The applicant shall comply 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.
Public Works Department
38. 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.
39. 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.
40.
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.
C:\Documents and SettingslShelley.MuellerlLocal SettingslTemporary Internet FilesIOLK8BAICOA-TPM.doc
9
.
I
I
I
Fire Prevention
41.
Maximum cul-de-sac length shall not exceed 1320 feet. Minimum turning radius on any cul-
de-sac shall be thirty-seven (37) feet for residential and forty-five (45) feet for commercial
(CFC 902.2.2.3, CFC 902.2.2.4).
42. Cul-de-sacs and/or intersections with planters must maintain 24 foot clear unobstructed
travel width around the planters, not including parking. Hardscape areas are permissible
provided that they meet the 80,000 lb. load requirements and are at road level.
43. Private entry driveways with divider medians must be a minimum of 16 feet wide on each
side unless the median is held back 30 feet from face of curb of perpendicular road.
44. Fire Department vehicle access roads shall have an unobstructed width of not less than
twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13)
feet six (6) inches (CFC 902.2.2.1).
45. Prior to building construction, dead end road ways and streets in excess of one hundred and
fifty (150) feet which have not been completed shall have a turnaround capable of
accommodating fire apparatus (CFC 902.2.2.4).
C:\Documents and SettingslShelley.Mueller\Local SettingslTemporary Internet FilesIOLK8BAICOA-TPM.doc
10
.
I
I
I
PRIOR TO RECORDATION OF THE FINAL MAP
C:\Documenls and SettingslShelley.MuellerILocal SettingslTemporary Inlernet FilesIOLK8BAICOA-TPM.doc
l'
.
I
I
I
46.
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. Environmental Impact Report (EIR) SCH No. 2005031017 was prepared for
this project and is on file at the City of Temecula Planning Department.
iii. This project is within a 100 year flood hazard zone.
iv. This project is within a liquefaction hazard zone.
v. This project is within an area identified by the City of Temecula General Plan
as being a sensitive area with regards to archeological and paleontological
resources.
In the event the project site is subdivided into multiple parcels, an Owner's
Association shall be required to be formed. In addition, Covenants, Conditions, and
Restrictions (CC&R's) shall be submitted the City of Temecula for review and
approval. CC&R's shall address the following:
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 Plannin9 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.
c.
vi.
The CC&R's shall provide that the property shall be developed, operated and
maintained so as not to create a public nuisance.
The CC&R's shall provide that the association may not be terminated without
prior City approval.
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.
vii.
viii.
C:\Documents and SettingslShelley.Mueller\Local Settings\Temporary Internet Files\OLK8BA\COA-TPM.doc
. 12
.
ix. Every owner of a suite or lot shall own as an appurtenance to such suite or
I 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.
xii. In the event the project site is subdivided into multiple parcels, An Article
must be added to every set of CC&Rs to read as follows:
Article
CONSENT OF CITY OF TEMECULA
_1. The Conditions of Approval of [Tentative Tract]/[Parcel] Map No._
requires the City to review and approve the CC&Rs for the Parcel.
I _2. Declarant acknowledges that the City has reviewed these CC&Rs
and that its review is limited to a determination of whether the proposed
CC&Rs properly implement the requirements of the Conditions of Approval
for the Parcel. The City's consent to these CC&Rs does not contain or imply
any approval of the appropriateness or legality of the other provisions of the
CC&Rs, including, without limitation, the use restrictions, private easements
and encroachments, private maintenance requirements, architecture and
landscape controls, assessment procedures, assessment enforcement,
resolution of disputes or procedural matters.
_3. In the event of a conflict between the Conditions of Approval of the
land use entitlements issued by the City for the Parcel or Federal, State, or
local laws, ordinances, and regulations and these CC&Rs, the provisions of
the Conditions of Approval and federal, state or local laws, ordinances, and
regulations shall prevail, notwithstanding the language of the CC&Rs.
_4. These CC&Rs shall not be terminated, amended or otherwise
modified without the express written consent of the Director of Planning of
the City of Temecula.
xiii. In the event the project site is subdivided into multiple parcels, An Article
must be added to every set of CC&Rs, following the Declarant's signature, to
read as follows:
I CONSENT OF CITY OF TEMECULA
C:\Documents and SettingslShelley.Mueller\Local SettingslTemporary Internet FilesIOLK8BAICOA-TPM.doc
13
.
I
I
I
The Conditions of Approval for [Tentative Tract]/[Parcel] Map No. _
require the City of Temecula to review and approve the CC&Rs for the
Parcel. The City's review of these CC&Rs has been limited to a
determination of whether the proposed CC&Rs properly implement the
requirements of the conditions of approval for the Parcel. The City's consent
to these CC&Rs does not contain or imply any approval of the
appropriateness or legality of the other provisions of the CC&Rs, including,
without limitation, the use restrictions, private easements and
encroachments, private maintenance requirements, architecture and
landscape controls, assessments, enforcement of assessments, resolutions
of disputes or procedural matters. Subject to the limitations set forth herein,
the City consents to the CC&Rs.
Debbie Ubnoske
Director of Planning
Approved as to Form:
Peter M. Thorson
City Attorney
47.
In the event the project site is subdivided into multiple parcels, 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 flexibility
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.
48. In the event the project site is subdivided into multiple parcels, CC&Rs shall be finalized and
recorded at the time of final Map Recordation.
49. In the event the project site is subdivided into multiple parcels, three copies of the final
recorded CC&Rs shall be provided to the Planning Department.
50. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed
by this permit.
PUBLIC WORKS DEPARTMENT
C:\Documents and SettingslShelley.Mueller\Local SettingslTemporary Internet FilesIOLK8BAICOA-TPM.doc
14
.
I
I
I
51.
52.
53.
The Developer shall receive written clearance from the following agencies:
a. Rancho California Water District
b. Eastern Municipal Water District
c. Riverside County Flood Control and Water Conservation District
d. City of Temecula Fire Prevention Bureau
e. Planning Department
f. Department of Public Works
g. Riverside County Health Department
h. Cable TV Franchise
i. Community Services District
j. Verizon
k. Southern California Edison Company
I. Southern California Gas Company
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 Highway 79 South (Urban Arterial Highway Standards - 134' RfW) to
include installation of sidewalk, street lights, drainage facilities, signing and striping,
and utilities (including but not limited to water and sewer connections).
i. Westbound
a) The dedicated right turn lane into the main entry (Country Glen Way)
shall be 12 feet wide and 200 feet long at a minimum
b) Provide three (3) thru lanes
c) Provide one (1) thru lanes
ii. Eastbound
a) Provide two (2) left turn lanes
b) Provide two (2) thru lanes and
c) Provide one (1) shared thrulright lane
iii. Modify the existing traffic signal at the intersection of Highway 79 South and
Country Glen Way.
b. Improve De Portola Road (Modified Secondary Arterial (4 lane separated) - 88' Rf\N)
to include installation of half-width street improvements, paving, street lights,
drainage facilities, signing and striping, utilities (including but not limited to water and
sewer connections).
c. State Route 791Redhawk Parkway (Margarita Road) - Provide southbound and
eastbound right turn traffic signal overlap.
Private roads shall be designed to meet City public road standards. Unless otherwise
approved the following minimum criteria shall be observed in the design of private streets:
C:\Documents and SettingslShelley.MuellerlLocal SettingslTemporary Internet FilesIOLK8BAICOA-TPM.doc
15
.
I
I
I
54.
a. Dona Lynora (66' R1W) to include the installation of half-width street improvements,
paving, curb and gutter, utilities (including but not limited to water and sewer)
b. Private 28 foot wide ingress/egress road connecting to De Portola Road to include
installation of paving and curb per the approved site plan
c. Main Entry/Country Glen Way
i. Provide a 245' continuous median from Highway 79 South to main drive aisle
ii. Southbound (exiting site)
a) Provide two (2) left turn lanes
b) Provide a 20 foot wide shared thru/right turn lane
iii. Northbound (entering site) - 28 foot wide
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 A.C. 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 No. 800, 801, 802 and 803
d. Concrete sidewalks shall be constructed in accordance with City Standard Nos. 400
and 401
All street and driveway centerline intersections shall be at 90 degrees
Landscaping shall be limited in the corner cut-off area of all intersections and
adjacent to driveways to provide for minimum sight distance and visibility
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.
All utilities, except electrical lines rated 34kv or greater, shall be installed
underground
55. 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.
e.
f.
g.
h.
56. Relinquish and waive right of access to and from Highway 79 South on the Parcel Map with
the exception of two (2) openings as delineated on the approved Tentative Parcel Map.
57. Relinquish and waive right of access to and from De Portola Road on the Parcel Map with
the exception of one opening as delineated on the approved Tentative Parcel Map.
58.
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.
C:\Oocuments and SettingslShelley.MuellerILocal SettingslTemporary Internet FilesIOLK8BAICOA-TPM.doc
16
.
I
I
I
59.
60.
Any delinquent property taxes shall be paid.
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.
61. 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.
62. 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.
63. A copy of the grading and improvement plans, along with supporting hydrologic and
hydraulic calculations shall be submitted to the Riverside County Flood Control and Water
Conservation District for approval prior to recordation of the Parcel Map or the issuance of
any permit. A permit from Riverside County Flood Control and Water Conservation District
is required for work within their right-of-way.
64.
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.
65.
Bus bays will be provided at all existing and future bus stops as determined by the
Department of Public Works.
66. 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. "
Fire Prevention
67. Prior to map recordation the applicant shall submit to the Fire Prevention Bureau a
georectified (pursuant to Riverside County standards) digital version of the map including
parcel and street centerline information. The electronic file will be provided in a ESRI
Arclnfo/ArcView compatible format and projected in a State Plane NAD 83 (California Zone
VI) coordinate system. The Bureau must accept the data as to completeness, accuracy and
format prior to satisfaction of this condition.
C:\Documents and SettingslShelley.MuellerlLocal SettingslTemporary Internet FilesIOLK8BAICOA-TPM.doc
17
.
I
I
I
PRIOR TO ISSUANCE OF BUILDING PERMITS
C:\Docurnents and SetlingslShelley.MuellerlLocal SetlingslTernporary Internet FilesIOLK8BAICOA- TPM.doc
18
.
I
I
I
Public Works
68.
Prior to the first building permit, Parcel Map No. 32468 shall be recorded, unless otherwise
approved by the Director of Public Works.
69. 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.
70. 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.
71. 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.
72. 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.
C:\Documents and Settings\Shelley.Mueller\Local Settings\Temporary Internet Files\OLK8BA\COA.TPM.doc
19
.
I
I
I
PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY
C:\Documents and SettingslShelley.MuellerlLocal SettingslTemporary Internet FilesIOLK8BAICOA-TPM.doc
20
.
I
I
I
Public Works
73.
Prior to the first Certificate of Occupancy in Phase I, the following improvements shall be
constructed and operational:
a. Highway 79 South
i. Traffic signal modifications at the intersection of Highway 79 South and
Country Glen Way
ii. Roadway improvements
a) Westbound
(i) Provide a dedicated right turn lane - 12 foot wide by 200 feet
long
(ii) Provide three (3) thru lanes
(iii) Provide one (1) left turn lane
b) Eastbound
(i) Provide two (2) left turn lanes
(ii) Provide two (2) thru lanes and
(iii) Provide one (1) shared thru/right lane
Main Entry/Country Glen Way
i. Provide a 245' continuous median from Highway 79 South to main drive aisle
ii. Southbound (exiting site)
a) Provide two (2) left turn lanes
b) Provide a 20 foot wide shared thru/right turn lane
iii. Northbound (entering site) - 28 foot wide
De Portola Road (Modified Secondary Arterial (4 lane separated) - 88' RIW)
i. Half-width roadway improvements
ii. 28 foot wide internal ingress/egress connection from project site to De
Portola Road
State Route 79/Redhawk Parkway (Margarita Road)
i. Southbound and eastbound right turn traffic signal overlap
Dona Lynora (66' R1W)
i. Installation of half-street improvements, paving, curb and gutter, utilities
(including but not limited to water and sewer)
ii. Restricted to right in/right out vehicular movement
b.
c.
d.
e.
C:\Documents and Settings\Shelley.Mueller\Local SettingslTemporary Internet FilesIOLK8BAICOA-TPM.doc
21
.
I
I
I
74.
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
75. All public improvements, including traffic si9nal modification, shall be constructed and
completed per the approved plans and City standards to the satisfaction of the Director of
the Department of Public Works.
76. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall
be repaired or removed and replaced to the satisfaction of the Director of the Department of
Public Works.
Fire Prevention
77. Prior to Occupancy and building final, all locations where structures are to be built shall have
approved Fire Department vehicle access roads to within 150 feet to any portion of the
facility or any portion of an exterior wall of the building(s). Fire Department access roads
shall be an all weather surface designed for 80,000 Ibs. GVW with a minimum AC thickness
of .25 feet (CFC sec 902).
78.
Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers"
shall be installed to identify fire hydrant locations (CFC 901.4.3).
79.
Prior to issuance of Occupancy all manual and electronic gates on required Fire Department
access roads or gates obstructing Fire Department building access shall be provided with
the Knox Rapid entry system for emergency access by firefighting personnel (CFC 902.4).
C:\Documents and SettingslShelley.MuellerlLocal SettingslTemporary Internet FilesIOLK8BAICOA-TPM.doc
22
.
I
I
I
outside AGENCIES
C:\Documents and SettingslShelley.MuellerlLocal Settings\Temporary Internet Files\OLK8BA\COA-TPM.doc
23
.
I
I
I
80.
The applicant shall comply with the recommendations set forth in the County of Riverside
Department of Environmental Health's transmittal dated January 19, 2005, a copy of which is
attached.
81. The applicant shall comply with the recommendations set forth in the Rancho California
Water District's transmittal dated November 19, 2004, a copy of which is attached.
C:\Documents and SettingslShelley.Mueller\Local SettingslTemporary Internet FilesIOLK8BAICOA-TPM.doc
24