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HomeMy WebLinkAbout93-056 CC ResolutionRESOLUTION NO. 93-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING CHANGE OF ZONE NO. 22 TO CHANGE THE ZONING FROM R-A-5 TO R-A-2~A FOR PORTIONS OF LOTS 8~ 9, 12, 13, 17, 18.~ 26, 27 AND 28 AND A CHANGE OF ZONE. FROM R-A-21A '170 R-A-5 FOR A PORTION OF LOTS 4 P~ND 10 FOR VESTING TENTATIVE TRACT MAP NO. 26941, AND TO RECOMMEND APPROVAL OF VESTING TENTATIVE TRACT MAP NO. 26941, A REQUEST TO SUBDIVIDE A 133 ACRE PARCEL INTO 28 CUSTOM SINGLE FAMILY LOTS LOCATED APPROXIMATELY 500 FEET SOUTH OF PAUBA ROAD AND 1800 FEET WEST OF BUTTERFIELD STAGE ROAD. WHEREAS, Taylor Woodrow Homes filed Change of Zone No. 22 and Vesting Tentative Tract Map No. 26941 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said applications were processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said applications on January 4, 1993 and February 1, 1993, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commissic. n recommended approval of said applications; WHEREAS, the City Council conducted a public hearing pertaining to said Appeal on May 25, 1993, at which time interested persons had opportunity to testify either in support or opposition to said Application; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Findings. That the Temecula City Council hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: Resos 93-56 I general plan. The city is proceeding in a timely fashion with the preparation of the 2. The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: a. There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b. There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c. The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The City Council in recommending approving of said applications makes the following findings, to wit: Change of Zone No. 22 1. There is a reasonable probability that Change of Zone No. 22 will be consistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with State Law, due to the fact that the density of the project, .21 dwelling units/acre, is consistent with the Very Low Density Residential I_and Use designation of the future General Plan. Furthermore, the proposed R-A-21/2 and R-A-5 zones will be consistent with the Very Low Density Residential Zoning District. 2. There is not a likely probability of substantial detriment to, or interference, with the future General Plan if Change of Zone No. 22 is ultimately inconsistent with the Plan, due to the fact that the project is consistent with the existing large lot custom single family developments in the immediate vicinity and their underlying zones. 3. The project is compatible with surrounding land uses since the proposed large lot custom single family dwellings are consistent with the existing large lot custom single family dwellings and the vacant land surrounding the project. 4. The proposal will not have an adverse effect on the environment since Resos 93-56 2 mitigation measures of Environmental Impact Report No. 230 and the Addendum to Environmental Impact Report No. 230 have been incorporated to the project design and Conditions of Approval have been prepared for Vesting Tentative Map 26941 to reduce the impacts to a level of insignificance. Vesting Tentative Tract Map No. 26941 1. There is a reasonable probability that Vesting Tentative Tract Map No. 26941 will be consistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with State Law. The project, as conditioned, conforms with existing applicable city zoning ordinances and development standards. Furthermore, the proposed density of the project, .21 dwelling units per acre, is consistent with the future General Plan Land Use Designation of Very Low Density Residential. 2. There is not a likely probability of substantial detriment to, or interference with the City's future General Plan, if the proposed use is ultimately inconsistent with the Plan, since the surrounding land uses are large lot custom single family dwellings and vacant land. 3. The proposed use or action as conditioned complies with State planning and zoning laws, local Ordinance Nos. 348 and 460; and California Governmental Code Sections 65000-66009 (Planning and Zoning Law). 4. The project as designed and conditioned will not adversely affect the public health or welfare since all impacts have been mitigated to a level of insignificance. 5. The project is compatible with surrounding land uses since the proposed large lot custom single family dwellings are consistent with the existing large lot custom single family dwellings and the vacant land surrounding the project. 6. The project as designed and conditioned will not adversely affect the built or natural environment as determined in Environmental Impact Report No. 230, the Addendum to Environmental Impact Report No. 230, and the conditions of approval for this project. 7. Said Findings are supported by minutes, maps, exhibits and environmental documents associated with this application and herein incorporated by reference, due to the fact that they are referenced in the attached Staff Report, Exhibits, Environmental Impact Report, and Conditions of Approval. 8. The Planning Commission has considered the effect of its action upon the housing needs of the region and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources (Gov. Code Section 66412.3) and finds that the project density is consistent with SWAP and the future General Plan. Additionally, it will provide more diversity in the housing type available to the residents of the City of Temecula. 9. The proposed project will not result in discharge of waste into the existing sewer system that is in violation of the requirements as set out in Section 13000 et seq. of the Resos 93-56 3 California Water Code by requiring the project to comply with Eastern Municipal Water District's requirements. 10. The design of the subdivision provides to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision (Gov. Code Section 66473.1) by limiting the height of the future structures to 32 feet and requiring setbacks according to the Residential Agriculture (R-A) standards. 11. The project has acceptable access by means of dedicated fight-of-way and has been conditioned to have secondary access from Vesting Tentative Tract Map No. 23143, Amendment No. 5 for the necessary right-of-way for secondary access. 12. The project will not have a significant adverse affect on the environment. The County of Riverside Board of Supervisors certified EIR No. 230 in conjunction with the approval of Vesting Tentative Tract Map No. 23143 Amended No. 3 and Vesting Tentative Tract Map No. 22430. Vesting Tentative Tract Map No. 26941 and Change of Zone No. 22 will not result in any new or substantially increased environmental impacts. F. As conditioned pursuant to Section 3, the Vesting Tract Map proposed is compatible with the health, safety and welfare of the community. Section 2. Environmental Compliance. An Addendum to Environmental Impact Report No. 230 was prepared for this project indicates that the proposed project will not have a significant impact on the environment with the incorporation of the mitigation measures into the project design. Section 3. Conditions. The City of Temecula City Council hereby approves Change of Zone No. 22 and Vesting Tentative Tract Map No. 26941, a request to subdivide a 133 acre parcel into 28 large lot custom single family lots located south of Pauba Road, north of De Portola Road, east of Via Norte and west of Butterfield Stage Road subject to the following conditions: A. Attachment No. 2, attached hereto. Section 4. PASSED, APPROVED AND ADOPTED this 13th day of July, 1993. J. Sal ~ufioz,~Mayor ATTEST: [SEAL] Resos 93-56 4 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Ordinance No.93-56 was duly introduced and placed upon its first reading at a regular meeting of the City Council of the City of Temecula on the 13th day of April, 1993, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the 13th day of July, 1993, by the following roll call vote: AYES: 5 COUNCILMEMBERS: Birdsall, Parks, Roberts, Stone Mufioz NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None June S. Greek, City Clerk Resos 93-56 5 ATTACHMENT NO. 2 CONDITIONS OF APPROVAL Resos 93-56 6 CITY OF TEMECULA CONDITIONS OF APPROVAL Vesting Tentative Tract Map No: 26941 Project Description: To subdivide 133 acres into 28 Custom Single Family Residential Estate Lots. Assessor's Parcel No.: 952-030-002 952-030-003 952-030-007 952-030-010 Approval Date: Expiration Date: PLANNING DEPARTMENT GENERAL REQUIREMENTS: Within forty-eight (48) hours of the approval of this project the applicant/developer shall deliver to the Planning Department a cashiers check or money order payable to the County Clerk in the amount of Eight Hundred, Seventy-Five Dollars ($875.00) which includes the Eight Hundred, Fifty Dollar ($850.00) fee, in compliance with AB 3158, required by Fish and Game Code Section 711.4(d)(3) plus the Twenty-Five Dollar ($25.00) County administrative fee, to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15094. If within such forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check required above, the approval for the project granted herein shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c). 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. This conditionally approved tentative map will expire two years after the approval date. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. The subdivider shall defend, indemnify, and hold harmless the City of Temecula, its agents, officer, and employees from any claim, action, or proceeding against the City of Temecula or its agents, officer, or employees to attach, set aside, void, or annul an approval of the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Vesting Tentative Tract Map No. 26941, which action is brought within the time period provided for in California Government Code Section 66499.37. The City of Temecula will promptly notify the subdivider of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the subdivider of any such claim, action, or proceeding or Resos 93-56 7 fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. Thc dc¥clopmcnt of this projcct shall bc consistcnt with Dcvclopmcnt Agrccmcnt No. 2~. (deleted by Planning Commission January 4, 1993) The development of this project shall be consistent with the Design Guidelines prepared by Planning Design Solutions. All walls and fences shall be consistent with the approved Design Guidelines for location and materials. All monumentation within the project shall be consistent with the Planning Design Solutions Design Guidelines for location and materials. A biological assessment of the Gnatcatcher shall be required prior to issuance of grading permits, if the species is listed as endangered by the U.S. Fish and Wildlife and/or the California Department of Fish and Game. Necessary mitigation measures acceptable to these agencies shall be implemented prior to issuance of grading permits. Rough and precise grading plans shall be in substantial conformance with the approved Vesting Tentative Map Grading and Drainage Plan. 10. Street trees shall be provided at approximately 60 foot intervals or a minimum of one tree per lot frontage as required in Section 13.1 or Ordinance 460. 11. Covenants, Conditions and Restrictions (CC&R's) CC&R's shall be reviewed and approved by the Planning Department. The CC&R's shall include liability insurance and methods of maintaining the open space, 100-year flood plain, recreation areas, parking areas, private roads, and exterior of all buildings. (amended by staff February 1, 1993) No lot or dwelling unit 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 ind;vidually 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 dwelling units 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. Maintenance for all landscaped and open areas, including parkways, shall be provided for in the CC&R's. Resos 93-56 8 Do 12. 13. 14. PRIOR 15. 16. The CC&R's shall state that the developer of each individual lot shall develop in conformance with the building pad area as shown on the approved rough and precise grading plans. Every :owner of a dwelling unit or lot shall own as an appurtenance to such dwelling unit or lot, either (1) an undivided interest in the common areas and facilities, or (2) as share in the corporation, or voting membership in an association, owning the common areas and facilities. The CC&R's shall state that portions of lots 4,5,6,7,8 and 10 are located within the 100-year flood plain and may not be disturb in any manner and no structures or structures shall be constructed. An exhibit shall accompany the CC&Rrs to delineate this area. (amended by Planning Commission January 4, 1993): The CC&R's shall provide for equestrian access to the 100-year flood plain from the 14' equestrian easement that runs along easterly property boundary of the project. The corporation, association, property owner's group, or similar entity shall maintain said access. (added by Planning Commission February 1, 1993) Lots created by this subdivision shall comply with the following: Lots created by this subdivision shall be in conformance with the development standards of the Residential Agriculture (R-A-5 and R-A-2 ~) zone. Graded but undeveloped land shall be maintained in a weed-free condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Director of Building and Safety. The developer shall be responsible for maintenance and upkeep of all slopes, landscaped areas and irrigation systems until such time as those operations are the responsibilities of other parties as approved by the Planning Director. The applicant, their assignees and successors shall provide and distribute an airport disclosure statement to all potential home buyers of Vesting Tentative Tract No. 26941. Said! disclosure shall be distributed separately and in addition to the public report prepared for the Department of Real Estate. Said disclosure shall be presented to and signed by the potential home buyer, prior to entering into any contract for purchase. Said disclosure shall be approved by the Planning Director as to form, and shall advise of potential airport impacts, and the potential requirement of an avigation easement. (amended by Planning Commission January 4, 1993) TO RECORDATION: An avigation easement to the Pauba Ranchos Airstrip shall be granted. Said easement shall be approved by the Planning Director and City Attorney as to form and content. (Amended by Planning Commission January 4, 1993) An easement for maintenance of the 100-year flood plain shall be granted to the Home Owners AssoCiation. (Amended by Planning Commission January 4, 1993) Resos 93-56 9 17. Subdivision phasing, if applicable, shall be subject to Planning Department approval. 18. Any delinquent property taxes shall be paid prior to recordation of the final map. 19. Any delinquent property taxes shall be paid prior to recordation of the final map. 20. Prior to recordation of the final map, an Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The approved ECS shall be forwarded with copies of the recorded final map to the Planning Department and the Department of Building and Safety. The following notes shall be placed on the ECS: "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 Outdoor Lighting Policy." "EIR No. 230 and an Addendum to this EIR was prepared for this project and is on file at the City of Temecula Planning Department." "A portion of lots 4, 5, 6, 7, 8 and 10 are located within the 100-year flood plain and shall be maintained as permanent open space. This area shall not be disturbed in any manner and no structures or obstructions shall be allowed." This area is to be identified on the ECS sheet. (amended by Planning Commission January 4, 1993) An avigation easement to the Pauba Ranchos Airstrip shall be granted. Said easement shall be approved by the Planning Director and City Attorney as to form and content. (amended by Planning Commission January 4, 1993) 21. A mitigation monitoring program shall be submitted to identify all environmental mitigation measures contained in the Conditions of Approval, Environmental Impact Report No. 230 and Addendum to Environmental Impact Report No. 230. This program shall identify the impacts, the mitigation measures, the stage of the development the mitigation measures are to be enforced and the responsible party for monitoring the mitigation measures. All costs necessary to implement this program shall be the responsibility of the applicant. 22. The applicant shall delete all references to the Regional Biological Enhancement Area that are presently shown on the Tentative Map. PRIOR TO ISSUANCE OF GRADING PERMITS: 23. Necessary mitigation measures acceptable to the U.S. Fish and Wildlife and/or the California Department of Fish and Game shall be implemented prior to issuance of grading permits to reduce the impact of the project on K-Rats to a level of insignificance. If mitigation measures are unavailable, grading permits shall not be issued. A new K-Rat study may be required if deemed necessary by the Planning Director. Resos 93-56 10 24. 25. 26. A qualified paleontologist shall be retained by the developer for consultation and comment on the proposed grading with respect to potential paleontological impacts. Should the paleontologist find the potential is high for impact to significant resources, a pre-grade meeting between the paleontologist and the excavation and grading contractor shall be arranged. When necessary, the paleontologist or representative shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of fossils. An overall conceptual landscape plan shall be submitted to the Planning Department for approval prior to issuance of any grading permits. This plan shall highlight all the areas which will be landscaped including slopes within individual lots, common area slopes/open space, street trees, medians, tall tree planting for birds of prey within the 100-year flood plain, etc. Construction landscape plans for each phase shall be submitted for approval to the Planning Department prior to issuance of any building permits for that phase. All common area landscaping for each phase shall be installed prior to issuance of the final for any house in that phase. All private parks within each individual phase shall be developed prior to issuance of the final for the first house on that phase. All graded slopes over three feet in height shall be landscaped and irrigated according to the City Development Code. (amended by the Planning Commission January 4, 1993) An overall fencing plan shall be submitted to the Planning Department for approval prior to issuance of any grading permits which shall contain the following: Ao A block, wrought iron, or a combination block and wrought iron wall shall be constructed along the westerly boundary of the project unless it has been previously constructed. Bo For the easterly portion of the project that runs along the City boundary, the developer shall provide a block or wrought iron wall. At the applicants discretion, other materials, as approved by the Planning Director, can be provided along the property line. For the northerly area that borders the park site and the southerly area that borders the school and park site the developer shall provide a block, wrought iron, or a combination block and wrought iron wall. The placement of rear or side yard fencing on each individual lot is optional and is to be at the discretion of each individual home owner. If there is to be rear or side yard fencing, materials are to be approved by the Planning Director. PRIOR TO THE ISSUANCE OF BUILDING PERMITS: 27. Individual homes on individual lots shall require Planning Department approval. 28. A detailed landscaping and irrigation plan, prepared by a licensed landscape architect, shall be submitted to the City Planning Department for review and approval prior to issuance of building permits. 29. No building permits shall be issued by the City for any residential lot/unit within the project boundary until the developer or its successor's-in-interest provides evidence of Resos 93-56 11 compliance with public facility financing measures. A cash sum of one-hundred dollars ($100) per lot/unit shall be deposited with the City as mitigation for public library development. PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS: 30. All landscaping and irrigation within each individual lot shall be installed in accordance with approved plans prior to the issuance of occupancy permit for that lot. If seasonal conditions do not permit planting, interim landscaping and erosion control measures shall be utilized as approved by the Planning Director and the Director of Building and Safety. 31. All landscaping and irrigation shall be installed in accordance with approved plans and shall be verified by City field inspection. 32. All landscaping and irrigation outside individual lots shall be completed prior to issuance of the first occupancy permit. DEPARTMENT OF PUBLIC WORKS: The following are the Department of Public Works Conditions of Approval for this project, and shall be completed at no cost to any Government Agency. All questions regarding the true meaning of the conditions shall be referred to the appropriate staff person of the Department of Public Works. It is understood that the Developer correctly shows on the tentative map or site plan 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. GENERAL REQUIREMENTS: 33. A Grading Permit for either rough or precise (including all onsite flat work and improvements) construction shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained road right- of-way. 34. 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. 35. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. 36. 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 ISSUANCE OF GRADING PERMITS: 37. The final grading plan shall be prepared by a Registered Civil Engineer and shall be Resos 93-56 12 38. 39. 40. 41. 42. 43. 44. 45. reviewed and approved by the Department of Public Works. All pad drainage shall be directed to appropriate drainage swales or devices. No concentrated drainage shall be conveyed over slopes except within concrete brow ditches or other approved drainage devices. Prior to issuance of a grading permit, developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent has been filed or the project is shown to be exempt. Prior to the issuance of a grading permit, the developer shall receive written clearance from the following agencies: San Diego Regional Water Quality; Riverside County Flood Control District; Planning Department; Department of Public Works; and U. S. Army Corps of Engineers; A Soils Report shall be prepared by a registered soils engineer and submitted to the Department 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 pavement sections. An erosion control plan shall be prepared by a registered civil engineer and submitted to the Department of Public Works for review and approval. Graded but undeveloped land shall be maintained in a weedfree condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Department of Public Works. A permit from the U.S. Army Corps of Engineers is required prior to pulling any permits for construction, as outlined in the Department of the Army letter, dated December 4, 1991. A flood mitigation charge shall be paid. The charge shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of new development. The charge is payable to the Flood Control District prior to issuance of permits. If the full Area Drainage Plan fee or mitigation charge has been already credited to this property, no new charge needs to be paid. 46. The developer shall obtain any necessary letters of approval or easements for any offsite work performed on adjacent properties as directed by the Department of Public Works. 47. A hydrology/hydraulic study shall be submitted to the Department of Public Works for review and approval. The drainage study shall include, but not be limited to, the following criteria: Resos 93-56 13 48. 49. 50. 51. Drainage and flood protection facilities which will protect all structures by diverting site runoff to streets or approved storm drain facilities as directed by the Department of Public Works. Adequate provision shall be made for the acceptance and disposal of surface drainage entering the property from adjacent areas. The impact to the site from any flood zone as shown on the FEMA flood hazard map and any necessary mitigation to protect the site. D. Identify and mitigate impacts of grading to any adjacent floodway. The location of existing and post development 100-year floodplain and floodway shall be shown on the improvement plan. Minimum flowline grade in earthen swales shall be 1.0% unless otherwise approved by the Department of Public Works. The subdivider shall accept and properly dispose of all off-site drainage flowing onto or through the site. In the event the Department of Public Works permits the use of streets for drainage purposes, the provisions of Section XI of Ordinance No. 460 will apply. Should the quantities exceed the street capacity, or use of streets be prohibited for drainage purposes, the subdivider shall provide adequate facilities as approved by the Department of Public Works. Concrete lined drainage swales with energy dissipators will be required to protect all slopes and structures. Runoff to streets or to storm drains shall be kept substantially free of all rocks and debris. The subdivider shall protect downstream properties from damages caused by alteration of the drainage patterns; i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities, including enlarging existing facilities. A drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows onto the adjacent property. A copy of the drainage easement shall be submitted to the Department of Public Works for review prior to recordation. The location of the recorded easement shall be delineated on the grading plan. 52. Prior to issuance of grading permits, a qualified paleontologist shall be retained by the developer for consultation and comment on the proposed grading with respect to potential paleontological impacts. Should the paleontologist find the potential is high for impact to significant resources, a pre-grade meeting between the paleontologist and the excavation and grading contractor shall be arranged. When necessary, the paleontologist or representative shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of fossils. PRIOR TO THE ISSUANCE OF ENCROACHMENT PERMITS: Resos 93-56 14 53. All necessary grading permit requirements shall have been submitted/accomplished to the satisfaction of the Department of Public Works. 54. Improvement plans, including but not limited to, streets, utilities, street lights, driveways and drainage facilities shall be prepared by a Registered Civil Engineer on 24" x 36" mylar sheets and approved by the Department of Public Works. Final plans (and profiles for improvements within public right of way) shall show the location of existing utility facilities and easements as directed by the Department of Public Works. 55. The following criteria shall be observed in the design of the improvement plans to be submitted to the Department of Public Works: Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. Driveways shall conform to the applicable City of Temecula standards 207 and 401 (curb and sidewalk). Street lights shall be installed along Via Del Monte, Cee Cee Lane and Castell Way adjoining the site in accordance with Ordinance 461 and shall be shown on the improvement plans as directed by the Department of Public Works. Concrete sidewalks shall be constructed along public street frontages in accordance with City standard 400 and 401. Improvement plans shall extend 300 feet beyond the project boundaries or as otherwise approved by the Department of Public Works. Minimum centerline radii shall be in accordance with City standard 113 or as otherwise approved by the Department of Public Works. Private driveways from street to residence shall be a minimum width of 16 feet of A.C. Paving or P.C.C. Concrete. All street and driveway centerline intersections shall be at 90 degrees or as approved by the Department of Public Works. All fire truck turnarounds shall be fully paved with material consistent with the driveway improvements. 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. A minimum of 150 feet of trcffic vehicle stacking area shall be provided between the access control box of any gated entry and the right of way of intersecting public streets. A Turnaround with a minimum 38-foot radius shall be provided before the gated entry. (amended by Public Works staff February 1, 1993) All concentrated drainage directed towards the public street shall be conveyed through undersidewalk drains. Resos 93-56 15 56. The minimum centerline grade for streets shall be 0.50 percent or as otherwise approved by the Department of Public Works. 57. Improvement plans per City Standards for the private streets shall be required for review and approval by the Department of Public Works. 58. All driveways shall conform to the applicable City of Temecula standards and shall be shown on the street improvement plans. 59. All driveways shall be located a minimum of two (2) feet from the side property line. 60. 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. 61. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. 62. All conditions of the grading permit and encroachment permit shall be complied with to the satisfaction of the Public Works Department. 63. A construction area traffic control plan shall be designed by a registered Civil Engineer and approved by the City Engineer for any lane closure and detour or other disruption to traffic circulation as required by the Department of Public Works. PRIOR TO RECORDATION OF FINAL MAP: 64. The developer shall construct or post security and enter into an agreement guaranteeing the construction of the following public improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. Street improvements, which may include, but are not limited to: pavement, curb and gutter, sidewalks, drive approaches, street lights, signing, and other traffic control devices as appropriate. B. Storm drain facilities C. Landscaping (slopes and parkways). D. Erosion control and slope protection. E. Sewer and domestic water systems. F. All trails, as required by the City's Master Plans. G. Undergrounding of proposed utility distribution lines. Resos 93-56 16 65. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the following agencies: Rancho California Water District; Eastern Municipal Water District; Riverside County Flood Control District; City of Temecula Fire Bureau; Planning Department; Department of Public Works; Riverside County Health Department; CATV Franchise; Parks and Recreation Department; General Telephone; Southern California Edison Company; Southern California Gas Company; and U. S. Army Corps of Engineers 66. Legal all-weather primary and secondary access as required by Ordinance 460 shall be provided from the tract map boundary to a paved City maintained road. (amended by Public Works staff February 1, 1993) 67. All road easements and/or street dedications shall be offered for dedication to the public 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. 68. Cee Cee Lane from Orlinda Drive to Lisa Road and Via Del Monte shall be improved with 20 feet of asphalt concrete pavement plus one 12-foot lane, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 104, Section A (60'/40'). 69. Castell Way shall be improved with 22 feet of asphalt concrete pavement plus one 12- foot lane, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 103, Section A (66'/44'). A cul-de- sac shall be provided at the terminus per City Standards. (Amended by Planning Commission February 1, 1993) 70. All interior private streets shall be improved with 40 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated easements in accordance with Ordinance 460 and City Standard No. 104, Section A (60'/40'). Sidewalks shall be constructed on a minimum of one side of the street as directed by the Department of Public Works. 71. McMahon Drive shall be fully improved with 44 feet of asphalt concrete pavement from the tract boundary to Crowne Hill Drive, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 103, Section A (66'/44'). 72. Castell Way shall be improved with a minimum of 32 feet of asphalt concrete pavement from the tract boundary to Crowne Hill Drive, or bonds for the street improvements may be posted, within a 60-foot minimum right-of-way in accordance Resos 93-56 17 with City Standard No. 106, Section B (60'~32'). 73. In the event that Crowne Hill Drive is not constructed by Assessment District No. 159 prior to the final map recordation, the developer shall construct or bond for the improvements to provide for a minimum of 32' of street improvements within a 60-foot right-of-way per City Standard No. 106, Section B (60'/32'). The improvements shall be constructed prior to the first occupancy. (amended by the Planning Commission January 4, 1993) 74. 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 final 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. 75. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works for Castell Way and shall be included in the street improvement plans. 76. Prior to designing any of the above plans, contact Transportation Engineering for the design requirements. 77. A 60 foot easement shall be dedicated for public utilities and emergency vehicle access for all private streets. 78. Corner property line cut off shall be required per Riverside County Standard No. 805. 79. Private drainage easements for cross-lot drainage shall be required and shall be delineated and noted on the final map. 80. Easements for sidewalks for public uses shall be dedicated where sidewalks meander through private property. 81. 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." 82. Prior to recordation of the final map, an Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The following information shall be on the ECS: Resos 93-56 18 A. The delineation of the area within the 100 - year floodplain. B. Special Study Zones. "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 Outdoor Lighting Policy." 83. 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. 84. Prior to recordation of the final map, the developer shall deposit with the Department of Public Works a cash sum as established, per lot, as mitigation towards traffic signal impacts. Should the developer choose to defer the time of payment of traffic signal mitigation fee, he may enter into a written agreement with the City deferring said payment to the time of issuance of a building permit. 85. Prior to recording the final map, the subdivider shall notify the City's CATV Franchises of the Intent to Develop. Conduit shall be installed to CATV Standards at time of street improvements. PRIOR TO BUILDING PERMIT: 86. 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. 87. Grading of the subject property shall be in accordance with the Uniform 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. 88. Developer shall pay any capital fee for road improvements and public facilities imposed upon the property or project, including that for traffic and public facility mitigation as required under the EIR/Negative Declaration for the project. The fee to be paid shall be in the amount in effect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not been finally established by the date on which developer requests its building permits for the project or any phase thereof, the developer shall execute the Agreement for payment of Public Facility fee, a copy of which has been provided to developer. Concurrently, with executing this Agreement, developer shall post a bond to secure payment of the Public Facility fee. The amount of the bond shall be $2.00 per square foot, not to exceed $10,000. Developer understands that said Agreement may require the payment of fees in excess of those now estimated (assuming benefit to the project in the amount of such fees). By execution of this Agreement, developer will waive any right to protest the provisions of this Condition, of this Agreement, the formation of any traffic impact fee district, or the process, levy, or collection of any traffic mitigation or traffic impact fee for this project; provided that developer is not waiving its right to protest the reasonableness of any traffic impact fee, and the amount thereof. Resos 93-56 19 PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 89. All improvements shall be completed and in place per the approved plans, including but not limited to, curb and gutter, A.C. pavement, sidewalk, drive approaches, drainage facilities, parkway trees and street lights on all public streets. 90. All signing and striping shall be installed per the approved signing and striping plan. 91. The subdivider shall provide "stop" controls at the intersection of local streets with arterial streets as directed by the Department of Public Works. 92. Landscaping shall be installed in place in the corner cut-off area of all intersection and adjacent to driveways to provide for minimum sight distance as directed by the Department of Public Works. OTHER AGENCIES: 93. The applicant shall comply with the environmental health recommendations outlined in the Riverside County Health Department's transmittal dated October 31, 1991, a copy of which is attached. 94. The applicant shall comply with the flood control recommendations outlined in the Riverside County Flood Control District's letter dated February 22, 1988, a copy of which is attached. If the project lies within an adopted flood control drainage area pursuant to Section 10.25 of City of Temecula Land Division Ordinance 460, appropriate fees for the construction of area drainage facilities shall be collected by the City prior to issuance of Occupancy Permits. 95. The applicant shall comply with the fire improvement recommendations outlined in the County of Riverside Fire Department's letter dated August 31,1992, a copy of which is attached. 96. The applicant shall comply with the recommendations outlined in the Rancho California Water District transmittal dated October 31, 1991, a copy of which is attached. 97. The applicant shall comply with the recommendations outlined in the Army Corps of Engineers transmittal dated December 2, 1991, a copy of which is attached. 98. Applicant shall comply with the recommendations outlined in the Temecula Valley Unified School District transmittal dated December 3, 1992. TEMECULA COMMUNITY SERVICES DEPARTMENT 99. Prior to recordation of the Final Map, the applicant or his assignee shall pay the fair market value of .36 acres of parkland to comply with City Ordinance No. 460.93 (Quimby). The amount to be paid shall be determined by TCSD staff within thirty (30) days prior to the recordation of said map. 100. Exterior slopes (as defined as: Those slopes contiguous to residential streets that have a width of 66' or greater), shall be offered for dedication to the City of Temecula for maintenance purposes following compliance to TCSD standards and completion of the Resos 93-56 20 101. 102. 103. 104. 105. application process. All other slopes and open space shall be maintained by an established Home Owners' Association (HOA). All proposed slopes and open space intended for dedication to the City of Temecula shall be identified on the Final Map by numbered lot, with the square footage of said lot number indexed as proposed City Maintenance area. Prior to the recordation of the final map, the subdivider shall construct or post security and an agreement shall be executed, guaranteeing the construction of all proposed TCSD landscape maintenance areas. Landscape construction drawings for project areas identified as TCSD maintenance areas shall be reviewed and approved by TCSD staff. Construction of proposed TCSD landscape maintenance areas shall commence pursuant to a pre-job meeting with the developer and City Maintenance Superintendent. Failure to comply with the TCSD review process will preclude acceptance of these areas into the TCSD maintenance program. It shall be the developer's or assignee's responsibility to disclose the existence of the Temecula Community Services District and its service level assessments to all prospective purchasers. This disclosure shall be in the form acceptable to the TCSD and made available to staff for their review, as set forth acceptable to the TCSD and made available to staff for their review, as set forth in Section 2795.1 of the regulations of the Real Estate Commissioner. Prior to the issuance of any building permit, the developer shall submit the current list of Assessor's Parcel Numbers (APN) to the assigned tract. Resos 93-56 21 ATTACHMENT NO. 3 PLANNING COMMISSION APPROVAL RESOLUTION 93- Resos 93-56 22