HomeMy WebLinkAbout94-023 CC ResolutionRESOLUTION NO. 94-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING TENTATIVE TRACT MAP NO. 27827
(PLANNING APPLICATION NO. 93-0144) LOCATED ON THE
NORTHWEST CORNER OF NICOLAS ROAD AND NORTH
GENERAL KEARNY ROAD, CREATING A 162 SINGLE FAMILY
LOT SUBDIVISION PLUS A THREE (3) ACRE LOT FOR A PUBLIC
PARK WITHIN SPECIFIC PLAN NO. 164, PLANNING AREA NO.
7 AND REPEALING RESOLUTION NO. 94-08
WHEREAS, Leo Roripaugh filed a request for PA93-0144 (Tentative Tract Map No.
27827) in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision
Ordinances, which the City has adopted by reference;
~, the Planning Commission considered said application on November 1, 1993
at which time interested persons had an opportunity to testify either in support or opposition;
~, at the conclusion of the Commission heating, the Commission recommended
approval of said application;
WHEREAS, the City Council considered said application on December 14, 1993, and
January 25, 1994, at which time interested persons had an opportunity to testify either in support
or opposition;
WHEREAS, at the conclusion of the Council hearing, the Council approved said
application;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1.
· Findlng~. That the Temecula City Council hereby makes the following
findings:
ao
Pursuant to Section 7.1 of County Ordinance No. 460, no subdivision may
be approved unless the following findings are made:
That the proposed land division is consistent with applicable general
and specific plans.
Resos 94-23 1
ii.
That the design or improvement of the proposed land division is
consistent with applicable general and specific plans.
That the site of the proposed land division is physically suitable for
the type of development.
That the site of the proposed land division is physically suitable for
the proposed density of the development.
That the design of the proposed land division or proposed
improvements are not likely to cause substantial environmental damage or
substantially and unavoidably injure fish or wildlife or their habitat.
vi.
That the design of the proposed land division or the type of
improvements are not likely to cause serious public health problems.
That the design of the proposed land division or 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 land
division. A land division may be approved if it is found that alternate
easements for access or for use will be provided and that they will be
substantially equivalent to ones previously acquired by the public. This
subsection shall apply only to easements of record or to easements
established by judgment of a court of competent jurisdiction.
The Council in approving the proposed project, makes the following
findings:
The proposed use or action as conditioned complies with State and
Local Planning and Zoning Laws.
ii.
The proposed action is consistent with the City's General Plan.
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 the residents and available fiscal and
environmental resources (Gov. Cod Section 66412.3) and finds that the
project is consistent with the General Plan. Additionally, it will provide
more diversity in the housing types available to the residents of the City of
Temecula.
Resos 94-23 2
iv.
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 sea_. of the California Water Code since the project has
been conditioned to comply with Eastern Municipal Water District's
requirements.
The project has acceptable access by means of dedicated right-of-
way as conditioned.
vi.
The project is consistent with the intent of the original project
approved by the County of Riverside.
The project is consistent with the provisions of Specific Plan No.
164, Amendment No. 2.
o*o
Vlll.
Said Findings are supported by minutes, maps, exhibits and
environmental documents associated with this application which are herein
incorporated by reference. Said documents are referenced in the attached
Staff Report, Exhibits, Environmental Assessment, and Conditions of
Approval.
As conditioned pursuant to Section 3, said application is compatible with
the health, safety and welfare of the community.
Section 2.
· Environmental Conlpliance. A Initial Study was prepared for Specific
Plan No. 164, Amendment No. 2 and Tentative Tract Map No. 27827 and
it revealed no significant impacts that have not been mitigated to an
insignificant level. Therefore, Staff recommends adoption of a Negative
Declaration. The City Council has reviewed and considered the proposed
Negative Declaration and all comments received thereon and the Negative
Declaration is hereby approved.
Section 3.
· Conditions. That the City of Temecula City Council hereby approved
the said application subject to the following conditions:
Exhibit A, attached hereto.
Section 4.
This Resolution supersedes and replaces Resolution NO. 94-08.
Section 5.
The City Clerk shall certify the adoption of this Resolution.
Resos 94-23 3
Section 6. PASSED, APPROVED AND ADOPTED this 22nd day of February, 1994.
ATTEST:
Ron Roberts, Mayor
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS.
CITY OF TEMECULA )
I, June S. Greek, City Clerk of the City of Temecula, California DO HEREBY CERTIFY
that the foregoing Resolution No. 94-23 was duly adopted at a regular meeting held on the 22nd
day of February, 1994, by the following votes of the Council:
AYES:
4 COUNCILMEMBERS: Birdsall, Mufioz, Parks, Stone
NOES: 1
COUNCILMEMBERS: Roberts
ABSENT: 0 COUNCILMEMBERS: None
~S. Greek"~,' ~
City Clerk
Resos 94-23 4
Vlll
REFERENCED DOCUMENTS
ARE ON FILE
EXHIBIT A
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Plannir~g Application No. 93-0144 (Tentative Tract Map No. 27827)
Project Description: A request to subdivide a 22.5 acre parcel into 162 single family
dwelling lots and a three (3) acre open space lot for a public park (Roripaugh Cottages)
Assessor's Parcel No.: 911-150-035 and 911-150-038
Approval Date: January 25, 1994
Expiration Date: January 25, 1996
PLANNING DEPARTMENT
Within Forty-Eight (48) Hours of the Approval of this Project
The applicant/developer shall deliver to the Planning Department a cashier's check or
money order payable to the County Clerk in the amount of One Thousand Three
Hundred Twenty-Eight Dollars ($1,328.00), which includes the One Thousand Two
Hundred Fifty Dollars ($1,250.00) fee, in compliance with AB 3158, required by Fish
and Game Code Section 711.4(d)(2) plus the Seventy-Eight Dollars ($78.00) County
administrative fee to enable the City to file the Notice of Determination required under
Public Resources Code Section 21152 and California Code of Regulations Section
15075. 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).
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.
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 Tract Map No. 27827, 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.
R:\STAFNRPT~I4APA93N.COA 7.714/94 klb I
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. 2.
The project and all subsequent projects within this site shall be consistent with
Development Agreement No. 37 or any restatements or amendments thereto.
All street lights and other outdoor lighting shall be shown on electrical plans submitted
to the Department of Building and Safety for plan check approval and shall cornply
with the requirements of Riverside County Ordinance No. 655.
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
A copy of the Rough Grading plans shall be submitted and approved by the Planning
Director. The plans shall include a note for dust control indicating:
A. All active areas shall be watered at least twice a day.
Non-toxic soil stabilizers shall be applied to all unpaved roads in grading and
construction areas according to the manufacturer's specifications.
Wheel washers shall be installed where vehicles exit unpaved areas into paved
roads.
All dirt hauling trucks shall be covered or they shall maintain at least two (2)
feet of freeboard.
10.
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.
11.
The applicant shall demonstrate by submittal of a written report that all mitigation
measures identified in the Mitigation 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
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C. A copy of the Environmental Constraint Sheet (ECS) with the following notes:
(1)
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.
D. 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:
(a)
Liability insurance and methods of maintaining, -" .... exterior of
all buildings, monument signs for the project, side yard
landscaping, Nioolao Read parkway by the Home Owners
Association. (Amended By Planning Commission on November
1. 1993).
(b)
Thc individual lot land~oaping, tho wall along Nioolas Read, and
tho oxtorior of tho bulldingo ohall bo mainto(nod by tho individual
homoownor$. (Amended By Planning Commission on November
1, 1993).
(c)
The wall along Nicolas Road shall be maintained by the Home
Owners Association pointod tho original oolor by thc individual
homoownors. (Amended By Planning Commission on November
1, 1993).
(d) No parking shall be allowed on the driveways.
(e)
Roll-up garage doors shall always be used to replace the original
garage doors for units with shared driveways.
(f)
The garage door openers and the lights on the buildings and the
pole lighting that light the alleys shall be maintained and
operational at all times. (Amended by City Council on January
25, 1994).
(2)
No lot or dwelling unit in the development shall be sold unless a
corporation, association, propony owner's group or similar entity has
been formed with the right to assess all properties individually owned or
joinfly 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
R:~S'TA]:rFR]~i44PA93F.COA 2,J14/94 ku~ 3
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. (Amended
By Planning Commission on November 1, 1993).
(3)
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) a share in the corporation, or voting
membership in an association owning the common areas and facilities.
(Amended By Planning Commission on November 1, 1993).
The project shall be consistent with the requirements of the French Valley
Airport Plan when the plan is adopted.
The applicant shall demonstrate by submittal of 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 Building Permits
1 3. The following shall be submitted to and approved by the Planning Director:
A. Construction landscape plans consistent with the following:
(1) City Standards.
(2) The approved Typical Conceptual Landscape Plans.
(3) Automatic irrigation for all landscaped areas.
(4)
Complete screening of all ground mounted equipment from the view of
the public from streets and adjacent property.
(5)
Front yard and slope landscaping within individual lots prior to issuance
of the first building permits within each of the phases of the Final Map.
(6)
Change the California Sycamore in the Nicolas Road Conceptual Plans
to London Plane Tree.
B. Wall and fence plans consistent with the following:
(1)
All walls and fences shall be a minimum of six (6) feet measured from
the highest grade or as otherwise specified below.
(2)
A six foot six inch (6' 6') high decorative block wall or a combination
decorative block wall and berming (measured from the finished pad
R:~T'AFFRPT~I44PA93F.COA 2/14/~, k]~ Z~.
elevation) shall be constructed on the rear property lines for lots 1
through 22, 103, 104 and 162, and on the side property lines for lots
1, 22, 103 and 162. These walls shall have a surface density of at
least 3.5 pounds per square foot, and shall have no openings or cracks
(Refer to Preliminary Noise Analysis prepared by Mestre Greve
Associates, August 11, 1993).
(3)
Decorative block walls shall be required for the side yards for corner lots
and along the western property line (lots 103 through 121 ).
(4)
Wrought iron, decorative block or wrought iron combination walls shall
be required to take advantage of views for rear yards along the northerly
property line (lots 121 through 154) and lots 155 through 162 and the
side yard for lot 154.
(5)
Wood fencing shall be used for all side and rear yard fencing when not
restricted by (b), (c) and (d) above.
(6)
Tho wall along Nicolas Read ahall bo oonatruotod ontiroly, inoluding thc
footing~, within tho individual lots and not within tho publio right of
· ;:=?. (Amended By Planning Commission on November 1, 1993),
Precise grading plans including all structural setback measurements consistent
with the approved rough grading plans and the approved plottings.
Elevations, floor plans and colors and materials consistent with the approved
plans.
E. The Model Home Complex Plot Plan (if applicable) which includes the following:
(1) Site Plan with off-street parking
(2) Construction Landscape Plans
(3) Fencing Plans
(4) Building Elevations
A Noise Analysis shall be submitted for review and approval for the interior
spaces within the project. The maximum interior noise level shall be 45 CNEL.
The pole and light standards for the alleys. (Added by City Council on January
25, 1994).
14.
Roof-mounted mechanical equipment shall not be permitted within the subdivision;
however, solar equipment or any other energy saving devices shall be permitted with
Planning Director approval.
R:~STAFFR!V~I44PA93P.COA 2/14194 klb 5
15.
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
16.
If deemed necessary by the Planning Director, the applicant shall provide additional
landscaping to effectively screen various components of the project.
17.
Front yard and slope landscaping and all fencing within individual lots shall be
completed for irish)action.
18.
All the Conditions of Approval shall be complied with to the satisfaction of the
Directors of Planning, Public Works, Community Services and Building and Safety.
19.
Roll-up garage doors with automatic garage door openers shall be provided for units
with shared driveways. Automatic garage door openers shall be provided for all units.
20.
The wall and the associated landscaping along Nicolas Road shall be installed prior to
issuance of the first occupancy permit within each of the phases of the Final Map that
front Nicolas Road.
21.
The monument signs for the project shall be maintained by the Home Owners
Association applioont and shall bo romovod, if within right of way, prior to issuanoo
of tho last final roloo,~c of thc projoot. (Amended By Planning Commission on
November 1, 1993).
22.
All pole lighting in the alleys shall be installed prior to issuance of the first occupancy
permit of any building in that alley. (Added by City Council on January 25, 1994).
23.
All potential home owners shall be provided with a copy of the White Report
containing all pertinent information prior to the purchase of each home. (Added by
City Council on January 25, 1994).
24.
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
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.
General Requirements
2/14/94 ~ 6
25.
It is understood that the Developer correctly shows on the Tentative Tract 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.
26.
A Grading Permit for either rough or precise (including all on-site flat work and
improvements) 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.
27.
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.
28.
All 'improvement plans, grading plans, landscape and irrigation
coordinated for consistency with adjacent projects and existing
contiguous to the site.
plans shall be
improvements
29.
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
30.
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 final 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.
31.
A Grading Plan shall be prepared by a registered Civil Engineer and shall be reviewed
and approved by the Department of Public Works. The plan shall comply with the
Uniform Building Code, Chapter 70, City Standards, and as additionally required in
these Conditions of Approval.
32.
All lot drainage shall be directed to the driveway and/or the alley by side yard drainage
swales independent of any other lot.
33.
The Deveiope~ shall comply with all constraints which may be shown upon an
Environmental Constraint Sheet recorded with any underlying maps related to the
subject property.
34.
The Developer must comply with the recluirements 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 Regional Water Quality Control Board or the project is shown to be exempt from
that agency.
R:\STAFFRI~T~I44PA93F.COA 2./14194. ~ 7
35.
36.
37.
38.
39.
40.
41.
42.
As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
Regional Water Quality Control Board, San Diego Region;
Riverside County Flood Control and Water Conservation
Planning Department;
Department of Public Works;
Riverside County Health Department;
Community Services District (TCSD);
General Telephone;
Southern California Edison Company; and
Southern California Gas Company.
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 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.
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.
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.
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 Riverside County Flood Control and Water Conservation District prior
to issuance of any permit. If the full Area Drainage Plan fee or mitigation charge has
already been credited to this property, no new charge needs to be paid.
The Developer shall obtain any necessary letters of approval or easements for any off-
site work performed on adjacent properties as directed by the Department of Public
Works at no cost to any agency.
The Developer 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 Xl of Ordinance No. 460 will
apply. Should the quantities exceed the street capacity, or use of streets be prohibited
for drainage purposes, the Developer shall provide adequate facilities as approved by
the Department of Public Works.
R:\STAFFRPTtI44PA93F.COA 7J141~ ~ 8
43.
44.
45.
46.
The Developer 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.
A Flood Plain Development Permit and Drainage 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:
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.
E. The location of existing and post development 100-year floodplain and
floodway shall be shown on the improvement plan.
The site is in an area identified on the Flood Hazard Maps as Flood Zone "A" and is
subject to flooding of undetermined depths. Prior to the approval of any plans, this
project shall comply with Ordinance No. 91-12 'of the City of Temecula, and with the
rules and regulations of FEMA for development within Rood Zone "A', which may
include obtaining a letter of map revision from FEMA.
The following storm drain facilities shall be provided along with the facilities as shown
on the Tentative Map. The requirement for the underground facilities is to mitigate the
surface runoff onto Nicolas Road, the potential maintenance of the nuisance runoff
created by this development, and negate the provision of additional drainage facilities
downstream since Assessment District 161 did not accommodate this development's
proposed runoff in sizing the downstream drainage facilities.
Catch basins shall be installed at the intersection of "G" Street and Nicholas
Road to eliminate the cross gutter.
The site shall be designed to minimize the contributory onsite runoff to Nicolas
Road at "A" Street by providing additional catch basins and storm drain pipes
or by redesigning the grades near the intersection of Nicolas Road and "A'
Street.
Prior to the Issuance of Encroachment Permits
47.
All conditions of the grading permit and encroachment permit shall be complied with
to the satisfaction of the Public Works Department.
R:\STAFFRY~i441~Ag~3F.COA 2/14/94 kJ~ 9
48.
49.
50.
Improvement plans, including but not limited to, streets, parkway trees, street lights,
driveways, drive aisles, parking lot lighting, drainage facilities and paving 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 on streets) shall show the
location of existing utility facilities and easements as directed by the Department of
Public Works.
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 Standard Nos. 207,207A, and
208.
Street lights shall be installed along the public streets adjoining the site in
accordance with Ordinance No. 461 and shall be shown on the improvement
plans as directed by the Department of Public Works.
Spacing of pole lights in the alleys shall be determined by the City Engineer.
(Amended by City Council on January 25, 1994).
5 foot wide concrete sidewalks shall be constructed per City Standard Nos.
400 and 401 specifications.
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 No. 113 or
as otherwise approved by the Department of Public Works.
All reverse curves shall include a 100-foot minimum tangent section or as
otherwise approved by the Department of Public Works.
All street and driveway centerline intersections shall be at 90 degrees or as
approved by the Department of Public Works.
J. All units shall be provided with zero clearance garage doors.
Ko
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 concentrated drainage directed towards the public street shall be conveyed
through under-sidewalk drains.
All driveways shall be located a minimum of 2 foot from the side property line unless
otherwise provided for with a joint use easement for ingress/egress.
R:~'T~!44PA93P.COA 2/14/94 ~ 1 0
51.
In order for the City to agree to accept and maintain the proposed alleys, they shall be
subject to the following conditions:
· The alleys shall be concrete paved.
No utilities shall be installed within the alleys.
Parking shall not be permitted along the alleys on trash and sweeping days and
they shall be signed accordingly. (Amended by the City Council on January 25,
1994).
Lights shall be installed on each garage and/or every house.
The Developer shall file an application with TCSD for inclusion of the alleys
within Service Level 'R' to provide for the maintenance of the alleys.
52.
All utility systems including gas, electric, telephone, water, sewer, and cable 'IV 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.
53. All utilities, except electrical lines rated 33kv or greater, shall be installed underground.
54.
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.
55.
The stop bar at the southbound Warbler Circle approach shall be positioned five (5)
feet from Nicolas Road curb line.
56. All required fees shall be paid.
Prior to Recordation of Final Map
57. Any delinquent property taxes shall be paid.
58.
The Developer shall construct or post security and enter into an agreement
guaranteeing the construction of the following public/private improvements within 18
months 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, alley pole lights,
signing, traffic signals and other traffic control devices as appropriate.
(Amended by City Council on January 25, 1994).
B. Storm drain facilities.
C. Landscaping (slopes and parkways).
R:~r~I441~A93F.COA 2/14/94 Ir~ 11
59.
60.
61.
62.
D. Erosion control and slope protection.
E. Sewer and domestic water systems.
F. Undergrounding of proposed utility distribution lines.
As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
San Diego Regional Water Quality Control Board;
Rancho California Water District;
Eastern Municipal Water District;
Riverside County Flood Control and Water Conservation District;
City of Temecula Fire Bureau;
Planning Department;
Department of Public Works;
Riverside County Health Department;
Cable 'IV Franchise;
Community Services District;
General Telephone;
Southern California Edison Company;
Southern California Gas Company;
Department of Fish and Game; and
Army Corps of Engineers.
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.
A utility maintenance easement in favor of the Home Owners Association shall be
recorded in conjunction with the recordation of the Final Map over the twenty (20)
Foot alleys and five (5) feet on either side of the alleys. (Added by City Council on
January 25, 1994).
The draft Circulation Element of the proposed General Plan calls for an 18 foot wide
raised landscaped. median along Nicolas Road per City Standard No. 100.
Consequently, should Assessment District (AD) 161 not construct the median, 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.
In the event that the Develol~er constructs the median, it shall accommodate a left turn
pocket into Roripaugh Road. The median shall be continuous at "A" Street to restrict
access to right turn in/out movement if the it is to remain at its currently designed
location. The median shall also be designed to accommodate a 150 foot left turn
pocket into Warbler Circle and "G" Entry Street and "D" Street and Nicolas Road
should the Developer choose to relocate the access to that location. If the median is
,'ot constructed, the Developer shall accommodate the above by striping accordingly.
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63.
Sufficient right-of-way along 'G' Entry Street shall be dedicated for I~ublic use to
provide for a 60 foot full width right-of-way and shall be improved with concrete curb
and gutter located 18 feet on both sides of the centerline and 36 feet of asphalt
concrete pavement, or post bonds for the street improvements, as determined by the
Department of Public Works.
64.
Sufficient right-of-way along 'A', 'B", "C', and the remainder of "G' Street shall be
dedicated for public use to provide for a 50 foot full width right-of-way including the
standard knuckle, and shall be improved with concrete curb and gutter located 18 feet
on both sides of the centerline and 36 feet of asphalt concrete pavement, or post
bonds for the street improvements, as determined by the Department of Public Works.
65.
Sufficient right-of-way along "D", "E", and "F" Streets shall be dedicated for public use
to provide for a 46 foot full width right-of-way and shall be improved with concrete
curb and gutter located 16 feet on both sides of the centerline and 32 feet of asphalt
concrete pavement, or post bonds for the street improvements, as determined by the
Department of Public Works.
66.
Sufficient right-of-way along the Alleys shall be dedicated for public use to provide for
a 20 foot full width right-of-way and the entire width shall be improved with concrete
pavement, or post bonds for the alley improvements, as determined by the Department
of Public Works.
67.
The Developer shall file an application with TCSD for inclusion of the alleys within
Service Level 'R' to provide for the maintenance of the alleys.
68. Corner property line cut off shall be required per Riverside County Standard No. 805.
69.
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.
70.
Vehicular access shall be restricted on Nicolas Road and so noted on the Final Map as
approved by the Department of Public Works.
71.
A Signing and Striping plan shall be designed by a registered Civil Engineer and
approved by the Department of Public Works for Nicholas Road and shall be included
in the street improvement plans.
72.
Prior to designing any of the above plans, contact the Department of Public Works for
the design requirements.
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73.
74.
75.
76.
77.
78.
79.
80.
Bus bays and shelters shall be provided at locations as determined by Riverside Transit
Agency and the Department of Public Works.
The joint use driveway easements shall be shown on the Final Map. No building
permits for units with joint use shall be issued until the Final Map has been recorded.
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 shal! be kept free of buildings and obstructions, '
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:
A. The delineation of the area within the 100-year floodplain.
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.
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.
The Developer shall notify the City's cable 'IV Franchises of the Intent to Develop.
Conduit shall be installed to cable TV Standards at time of street improvements.
A declaration of Covenants, Conditions and Restrictions (CC&R's) shall be prepared by
the Developer and submitted to the Director of Planning, City Engineer, and City
Attorney. The CC&R's shall be signed and acknowledged by all parties having any
record title interest in the property to be developed, shall make the City a party
thereto, and shall be enforceable by the City. The CC&R's shall be reviewed and
approved by the City and recorded. The CC&R's shall be submitted to the following
Engineering conditions:
A. The CC&R's shall be prepared at the Developer's sole cost and expense.
The CC&R's shall be in the form and content approved by the Director of
Planning, 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 interest of the City and its residents.
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The CC&R's shall be recorded concurrent with the Final Map. A recorded copy
shall be provided to the City.
The CC&R's shall provide for the effective establishment, operation,
management, use, repair and maintenance of all private areas.
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 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.
Prior to Issuance of Building Permits
81.
A Precise Grading Plan shall be submitted to the Department of Public Works for
review and approval. The building pads 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.
82.
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.
83.
The Developer shall pay the Public Facilities and Services Mitigation Fee as per the
amended Development Agreement as reviewed and approved by the City.
Prior to Issuance of Certificates of Occupancy
84.
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 interior public streets.
85. All signing and striping shall be installed per the approved signing and striping plan.
86.
The traffic signal at Nicolas Road and Winchester Road shall be installed and
operational per the special provisions and the approved traffic signal plan.
87.
The Developer shall provide "stop" controls at the intersection of local streets with
arterial streets as directed by the Department of Public Works.
88.
Landscaping shall be limited 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.
89. Asphaltic emulsion (fog seal) shall be applied only as directed by the Department of
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Public Works 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.
90.
In the event that the required improvements on Nicolas Road along the property
frontage of this development are not completed by AD 161, the Developer shall
construct the required half width improvements per City Standard No. 100 or as
otherwise determined by the Department of Public Works.
COMMUNITY SERVICES DEPARTMENT
General Requirements
91.
A Class II Bicycle Lane on Nicolas Road shall be designed and constructed in
conformity with the City's Park and Recreation Master Plan and in concurrence with
the completion of the street improvements.
92.
Construction of the public park site, perimeter landscaping and medians shall
commence pursuant to a pre-job meeting with the developer and the City Maintenance
Superintendent. Failure to comply with the TCSD review and inspection process may
preclude acceptance of these areas into the TCSD maintenance program.
93.
The developer, or the developer's successors or assignees, shall maintain the park Site,
parkway landscaping and medians until such time as those responsibilities are accepted
by the TCSD.
94.
All parks shall be improved and dedicated to the City free and clear of any liens,
assessment fees, or easements that would preclude the City from utilizing the property
for public park purposes. A policy of title insurance and soils assessment report shall
also be provided with the dedication of the property.
95.
All perimeter walls, interior slopes and open space shall be maintained by the individual
property owners.
Prior to Recordation of the Final Map
96.
Prior to recordation of the first phase, the developer or his assignee shall enter into an
agreement and post security to improve lot number 163, a three (3) acre site, as a
public park facility, pursuant to City Ordinance No. 460.93 (Quimby). Lot No 163 shall
be identified as a public l~ark site and offered for dedication to the City on the final
map.
97.
Prior to recordation of the final mal~, the subdivider shall post security and enter into
an agreement to improve the I~arkway landscaping and landscaped medians within
Nicolas Road right-of-way in conformance with the City of Temecula Landscape
Development Plan Guidelines and Specifications. All proposed slopes, landscaping and
medians intended for dedication to the TCSD shall be identified on the final map as a
proposed TCSD maintenance area.
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98.
Landscape construction drawings, consistent with the approved conceptual landscape
plans, for the public park. site, parkway landscaping, and medians shall be reviewed
and approved by TCSD staff prior to recordation of the final map. Conceptual
landscape plans shall include a half-court basketball court. All parking spaces shall be
eliminated from the park site design. (Added by City Council on January 25, 1994).
Prior to Issuance of Certificate of Occupancy
99.
Actual development and dedication of the park to the City shall be completed
prior to issuance of the 34th certificate of occupancy, or within eighteen
months of recordation of the first phase of the final map, whichever comes
first.
100.
Prior to issuance of any certificate of occupancy, the developer or his assignee shall
submit, in a format as directed by TCSD staff, the most current list of Assessor's
Parcel Numbers assigned to the final project.
OTHER AGENCIES
101.
The applicant shall comply with the environmental health recommendations outlined
in the Riverside County Health Department's transmittal dated July 27, 1993, a copy
of which is attached.
102.
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.
103.
The applicant shall comply with the fire improvement recommendations outlined in the
County of Riverside Fire Department's letter dated August 3, 1993, a copy of which
is attached.
104. The applicant shall comply with the recommendations outlined in the Eastern Municipal
Water District transmittal dated July 29, 1993, a copy of which is attached.
105. The applicant shall comply with the recommendations outlined in the Rancho California
Water District transmittal dated October 14, 1993, a copy of which is attached.
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REFERENCED DOCUMENTS
IN 101 THRU 105
ARE ON FILE