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HomeMy WebLinkAbout94-049 CC ResolutionRESOLUTION NO. 94-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING MINOR CHANGE TO TENTATIVE PARCEL MAP, REVISED NO. 1 26232 (PA94-0033) TO DELETE CONDITIONS OF APPROVAL NO. 25 AND 60 AND TO ADD THREE (3) NEW CONDmONS TO THE CONDmONS OF APPROVAL FOR PA 93-0141 TO ALLOW DEFERRING THE BONDING REQUIREMENT FOR WINCHESTER ROAD FROM PRIOR TO RECORDATION OF THE FINAL MAP TO PRIOR TO ISSUANCE OF GRADING PERMITS LOCATED ON ~ SOUTH EAST CORNER OF NICOLAS ROAD AND WINCItF_~TER ROAD. WHEREAS, DMWR, LTD. fried PA94-0033 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said application was processed in the time and manner prescribed by State and local law; WHEREAS, the City Council conducted a public hearing pertaining to said application on May 10, 1994, at which time interested persons had an opportunity to testify either in support or opposition to said application; WltEREAS, the City Council received a copy of the Staff Report regarding the application; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEIVIF_.CI.R,A DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Findingq. That the Temecula City Council hereby makes the following findings: A. The City Council in approving the proposed Minor Change, makes the following finding, to wit: 1. The proposed action is consistent with the City's General Plans. 2. The proposal will not have an adverse effect on surrounding property, because it does not represent a significant change to the planned land use of the area, due to the fact that the proposed land use is consistent with the General Plan Land Use Element and the overall density is being reduced. Resos 94-49 I 3 The proposed action does not significantly alter the approved project. Section 2. Environmental Compliance.. A Initial Study was prepared for Tentative Parcel Map No. 26232, Revised No. 1 (PA 93-0141) and it revealed no significant impacts that have not been mitigated to an insignificant level. Therefore, Staff recommended adoption of a Negative Declaration. Staff is recommending reaffirmation of this Negative Declaration for Planning Application No. 94-0033. Section 3. Conditions. See Attachment No. 2. Section 4. The City Clerk shall certify the adoption of this Resolution. Section 5. PASSED, APPROVED AND ADOFrED this 10th day of May, 1994. Ron Roberts, Mayor ATTEST: [SEAL] Resos 94-49 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, June S. Greek, hereby certify that the foregoing Resolution 9449 was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 10th day of May, 1994 by the following vote of the Council: 4 COUNCILMEMBERS: Birdsall, Mufioz, Parks, Roberts NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Stone k, City Clerk Re,os 94-49 3 ATTACHMENT NO. 2 CONDITIONS OF APPROVAL R¢~o,. 94-49 4 ATrACHMENT NO. 2 CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. 94-0033 - Minor Change to Tentative Parcel Map No. 26232, Revised No. 1 (PA 93-0141) Project Description: A Minor Change to delete Conditions of Approval No. 25 and 60 and add three new conditions for Tentative Parcel Map No. 26232, Revised No. 1 (PA93-0141) to create 19 commercial lots on approximately 70 acres Assessor's Parcel No.: 911-150-035 and 911-150-038 Approval Date: Expiration Date: PLANNING DEPARTMENT General Requirements 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 30 days prior to the expiration date. e The subdivider shall defend, indemnify, and hold harmless the City of Temecula, it agents, officers, and employees from any claim, action, or proceeding against the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Tentative Parcel Map No. 26232, Revised No. 1, 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 fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. If Subdivision phasing is proposed, a phasing plan shall be submitted to and approved by the Planning Director. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 164, Amendment No. 1. Resos 94-49 5 The project and all subsequent projects within this site shall be subject to Development Agreement No. 37 or any restatements or amendments thereto. A Mitigation Monitoring Program shall be submitted and approved by the Planning Director prior to recordation of the Final Map or issuance of Grading Permits which ever occurs first. Prior to Issuance of Grading Permits e A copy of the Rough Grading plans shall be submitted and approved by the Planning Director. The applicant shall comply with the provisions of Ordinance No. 663 by paying the appropriate fee set forth in that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fee required by Ordinance No. 663, the applicant shall pay the fee required by the Habitat Conservation plan as implemented by County ordinance or resolution. A qualified paleontologist shall be chosen by the developer for consultation and comment on the proposed grading with respect to potential paleontological impacts. Should the paleontologist find potential is high for impact to significant resources, a meeting between the paleontologist Planning Director, and grading contractor prior to the commencement of grading operations and the excavation and grading contractor shall be arranged. Mitigation measures shall be approved by the Planning Director and included in a Mitigation Monitoring Program. When necessary, the paleontologist or representative shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of fossils. 10. The applicant shall demonstrate by submittal of a written report, compliance with the Conceptual Landscape Plans for this stage of the development. 11. The applicant shall demonstrate by submittal of a written report that all mitigation measures identified in the Mitgafion Monitoring Program have been satisfied for this stage of the development. Prior to Recordation of the Final Map 12. The following shall be submitted to and approved by the Planning Director: A. A copy of the Final Map B. A copy of the Rough Grading Plans Rems 94-49 6 C. A copy of the Environmental Constraint Sheet (ECS) with the following notes: O) 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. (2) This project is within a 100 year flood hazard zone. (3) This project is within a liquefaction hazard zone. (4) This project is within a Subsidence Zone. Do Construction landscape plans consistent with City standards and the approved conceptual plans including automatic irrigation for all landscaped areas and complete screening of all ground mounted equipment from the view of the public from streets and adjacent property including all landscaping within the public right- of-way and all slopes within the project. A copy of the Covenants, Conditions, and Restrictions (CC&R's) (1) 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, parking and drive aisles areas, drainage areas, trash enclosures, exterior of all buildings, signs, and all landscaped and open areas including parkways. (2) No lot 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 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. Resos 94-49 7 (3) Every owner of a lot shall own as an appurtenance to such 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. 13. The applicant shall demonstrate by submittal of a written report that all mitigation measures identified in the Mitgafion Monitoring Program have been satisfied for this stage of the development. Prior to Issuance of Building Permits 14. For lots 1 through 17, appropriate conditions of approval for Planning Application No. 93- 0138, or any revisions/amendments thereto, shall be satisfied. 15. For lot 18, an appropriate development application shall be fried and approved and all appropriate Conditions of Approval shall be complied with. This application shall be consistent with the latest amendment to Specific Plan No. 164. 16. For lot 19, an appropriate development application shall be fried and approved and all appropriate Conditions of Approval shall be complied with. This application shall be consistent with the latest amendment to Specific Plan No. 164. 17. The applicant shall demonstrate by a written report that all mitigation measures identified in the Mitigation Monitoring Program have been satisfied for this stage of the development. Prior to Issuance of Occupancy Permits 18. All the Conditions of Approval for all development application for individual lots shall be complied with to the satisfaction of the Directors of Planning, Public Works, Community Services and Building and Safety. 19. The applicant shall demonstrate by a written report that all mitigation measures identified in the Mitigation Monitoring Program have been satisfied for this stage of the development. PUBLIC WORKS DEPARTMENT Prior to Recordation of the Final Map: 20. The applicant shall bond for the improvements within the parkway since those improvements are not part of the Assessment District 161 improvements. The parkway improvements include sidewalks, street lights, and landscaping within the parkway and the Resos 94-49 8 21. 22. 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. As deemed necessary by the City Engineer or his representative, 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; Engineering Department; Riverside County Health Department; CATV Franchise; CalTrans; and Parks and Recreation Department. 23. 24. 25. 26. 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 City Engineer. Nicolas Road shall be improved with 86 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated fight-of-way in accordance with City Standard No. 100 (110'/86'). The Circulation Element of the General Plan calls for an 18 foot wide raised landscaped median along Nicolas Road per City Standard No. 100. Consequently, the Developer shall be required to construct the median along the property frontage or pay the fair share cost of the improvements in lieu of construction of the improvements to provide for the raised landscaped median per City Standard No. 100. North General Kearny Road shall be improved with 38 feet of half street improvement plus one 18' lane, or bonds for the street improvements may be posted, within a dedicated right-of-way in accordance with City Standard No. 101 (100'/76'). In the event road or off-site fight-of-way are required to comply with these conditions, such easements shall be obtained by the developer; or, in the event the City is required to condemn the easement or fight-of-way, as provided in the Subdivision Map Act, the developer shall enter into an agreement with the City for the acquisition of such easement at the developer's cost pursuant to Government Code Section 66462.5, which shall be at no cost to the City. Ro~oa 94-49 9 27. Vehicular access shaJl be restricted on Highway 79 and so noted on the final map with the exception of public street intersections and driveway accesses as approved by the City Engineer and CalTrans. 28. Corner property line cut off shall be required per Riverside County Standard No. 805. 29. Private drainage easements for cross-lot drainage, if required, shall be delineated or noticed on the final map. 30. Easements for sidewalks for public uses shall be dedicated to the City where sidewalks meander through private property. 31. 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 and recorded as directed by the City Engineer. 32. A Notice of hatenfion to form or ~mncx h~to the Tcm~ula CommuMty S¢, ¢ie~ District, So, cite ~vel "C" ~d~a~ M~ntenm~ce), sh~ be submitt~ to TCSD. ~e cngin~,ing ~s~ in~l~ in Dis~ict fox marion or ~mexafion sh~l be borne by ~e &velo~r. ~ele~ by Ci~ Council on August 13, 1991) 33. Notice of Intention to form or annex into the Temecula Community Service District, Service Level "A~ (Medians), shall be submitted to TCSD. The engineering costs involved in District formation or annexation shall be borne by the developer. 34. The subdivider shall construct or post security and an agreement shall be executed gtharanteeing the construction of the following public improvements in conformance with applicable City standards. Street improvements, including, but not limited to: pavement, curb and gutter, medians, sidewalks, drive approaches, street lights, signing, striping, traffic signal systems, and other traffic control devices as appropriate. B. Storm drain facilities. C. Landscaping (slopes, medians, and parkways). D. Sewer and domestic water systems. E. All trails, as required by the City's Master Plans. F. Undergrounding of existing and proposed utility distribution lines. Rems 94-49 10 G. Erosion control 35. The street design and improvement concept of this project shall be coordinated with adjoining developments. 36. Street lights shall be provided along streets adjoining the subject site in accordance with the standards of Ordinance No. 461 and as approved by the City Engineer. 37. Prior to recordation of the final map, the developer shall deposit with the Engineering Detnu'anent 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. 38. The minimum centerline radii shall be 300 feet or as approved by the City Engineer. 39. All street centerline intersections shall be at 90 degrees or as approved by the City Engineer. 40. Improvement plans shall be based upon a centerline profile extending a minimum of 300 feet beyond the project boundaries at a grade and alignment as approved by the City Engineer. 41. A minimum centerline street grade shall be 0.50 percent. 42. Improvement plans per City Standards for the private streets or drives shall be required for review and approval by the City Engineer. 43. All driveways shall conform to the applicable City of Temecula standards and shall be shown on the street improvement plans in accordance with City Standard 207 and 207A. 44. The subdivider shall submit two prints of a comprehensive grading plan to the Engineering Department. The plan shall comply with the Uniform Building Code, Chapter 70, and as may be additionally provided for in these Conditions of Approval. The plan shall be drawn on 24" x 36" mylar by a Registered Civil Engineer. 45. A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. 46. The subdivider shall submit two copies of a soils report to the Engineering Department. The report shall address the soils stability and geological conditions of the site. Resos 94-49 11 47. A drainage study shall be submitted to and approved by the City Engineer. All drainage facilities shall be installed as required by the City Engineer. 48. On-site drainage facilities, located outside of road right-of-way, shall be contained within drainage easements 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." 49. As deemed necessary by the Engineering Department, a copy of the improvement plans, grading plans and final map, along with supporting hydrologic and hydraulic calculations should be submitted to the Riverside County Flood Control District for review. 50. The subdivider shall accept and properly dispose of all off-site drainage flowing onto or through the site. In the event the City Engineer permits the use of streets for drainage purposes, the provisions of Article 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 Engineering Department. 51. 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 or by securing a drainage easement. 52. Part of the site is in an area identified on the Flood Hazard Maps as Flood Zone A subject to flooding of undetermined depths. Prior to the approval of any plans, this project shall comply with Flood Damage Protection Ordinance 91-12 of the City of Temecula and the rules and regulations of FEMA for development within a Flood Zone "A" which may include obtaining a letter of map revision from FEMA. 53. Part of the site is in an area identified on the flood hazards maps as Flood Zone B. All structures shall be protected from this hazard. 54. The developer shall record an Environmental Constraint Sheet delineating the area within the 100-year floodplain. 55. Prior to 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. 56. The parcels' configuration shall conform with the 30 foot wide driveway accesses proposed by the plot plan layout. 57. The Revised Plot Plan 29 shall be approved. Rems 94-49 12 58. Bus bays and shelters shall be provided at locations as determined by Riverside Transit Agency and the Department of Public Works. 59. Vehicular access shall be restricted on Nicolas Road and so noted on the Final Map with the exception of the accesses as approved by the Department of Public Works. Prior to Issuance of Grading Permits: In the event that construction of Winchester Road (Highway 79) improvements in conjunction with Assessment District 161 has not begun, half-width plus one 18-foot lane street improvements shall be designed and constructed within a dedicated right-of-way per CalTrans letter dated September 16, 1990 (110'/134'), and an acceleration/deceleration lane shall also be provided as directed by CalTrans and the City Engineer. Bonds may be posted in lieu of construction. 61. Prior to Recordation of the Map, evidence that Assessment District 161 funds are available and earmarked for offsite public improvements associated with this project will release the Developer from providing private bonds for those improvement. 2. Prior to any work being performed in pubUc right-of-way, fees shall be paid and an encroachment permit shall be obtained from the City Engineefts Office. 63. Prior to any work being performed on the private streets or drives, fees shall be paid and a construction permit shall be obtained from the City Engineer's Office. 4. A grading permit shall be obtained from the Engineering Department prior to commencement of any grading outside of the City-maintained road right-of-way. 65. Prior to any work being performed, an application for Development Permit shall be submitted per Flood Damage Protection Ordinance 91-12 of the City of Temecula. All requirements of this Ordinance shall be complied with as directed and approved by the City Engineer. 6. 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 Riverside County Flood Control District prior to issuance of permits. If the full Area Drainage Plan fee or mitigation charge has already credited to this property, no new charge needs to be paid. 7. A permit shall be required from CalTrans for any work within the following right-of-way: Highway 79 R~o~ 94-49 13 68. A permit from Riverside County Flood Control District is required for work within its right-of-way. The 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 (NOI) has been filed with the State water Resources Control Board or the project is shown to be exempt from that requirement. 70. An Erosion Control Plan in accordance with City Standards, shall be prepared by a registered Civil Engineer and submitted to the Department of Public Works for review and approval. 71. 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. 72. 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 Department of Public Works. 73. Supporting hydrologic calculations shall be submitted for review for adequacy of the proposed and downstream drainage facilities. If the proposed facilities are deemed inadequate by the Department of Public Works, upsizing may be required. Prior to Building Permit: 74. A precise grading plan shall be submitted to the Engineering Department for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soil Engineer shall issue a Final Soils Report addressing compaction and site conditions. 5. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Standards and accepted grading practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. 76. Santa Gemdis Creek Channel improvements shall be under construction by Assessment District 161 along project boundary. 7e 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 Resos 9449 14 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. Prior to Issuance of Certificates of Occupancy: 78. Construct full street improvements including but not limited to, curb and gutter, A.C. pavement, sidewalk, drive approaches, parkway trees and street lights on all interior public streets. 79. Existing city roads requiring construction shall remain open to traffic at all times with adequate detours during construction. 80. Asphaltic emulsion (fog seal) shall be applied not less than 14 days following placement of the asphalt surfacing and shall be applied at a rate of 0.05 gallon per square yard. Asphalt emulsion shall conform to Section Nos. 37, 39, and 94 of the State Standard Specifications. 81. All the Conditions of Approval for all development application for individual lots shall be complied with to the satisfaction of the Directors of Planning, Public Works, Community Services and Building and Safety. Transportation Engineering Prior to Recordation of the Final Map: 82. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the City Engineer for Winchester Road (Highway 79), Nicolas Road and North General Kearny Road, and shall be included in the street improvement plans. 83. Plans for a traffic signal shall be designed by a registered Civil Engineer and approved by the City Engineer for the intersections of Nicolas Road at Winchester Road, and Nicolas Road at North General Kearny Road, and shall be included in the street improvement plans with the second plan check submittal. Re,os 94-49 15 Prior to Issuance of Certificates of Occupancy: 84. All signing, striping and traffic signal improvements shall be installed and operational per the approved plans, with the exception that the traffic signal located at Nicolas Road and North General Kearny Road shall be constructed prior to issuance of certificate of occupancy of the final phase, or when signal warrants are met, whichever occurs first. OTHER AGENCIES 85. The applicant shall comply with the environmental health recommendations outlined in the Riverside County Health Department's transmittal dated July 19, 1993, a copy of which is attached. 86. The applicant shall comply with the flood control recommendations outlined in the Riverside County Flood Control District's letter dated September 20, 1993, 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 No. 460, appropriate fees for the construction of area drainage facilities shall be collected by the City prior to issuance of Occupancy Permits. 87. The applicant shall comply with the fire improvement recommendations outlined in the County of Riverside Fire Department's letter dated August 18, 1993, a copy of which is attached. 88. The applicant shall comply with the recommendations outlined in the Eastern Municipal Water District transmittal dated July 22, 1993, a copy of which is attached. 89. The applicant shall comply with the recommendations outlined in the Rancho California Water District transmittal dated July 28, 1993, a copy of which is attached. 90. The applicant shall comply with the recommendations outlined in the Airport Land Use Commission transmittal dated July 14, 1993, a copy of which is attached. Reso~ 94-49 16