Loading...
HomeMy WebLinkAbout062193 PC AgendaAGENDA TEMECULA PLANNING COMMISSION June 21, 1993 6:00 PM VAIL ELEMENTARY SCHOOL 29915 Mira Loma Drive Temecula, CA 92390 C~LTOO~ER: Chairman Fahey ROLL CALL: Blair, Chiniaeff, Ford, Hoagland and Fahey PUBLIC COMMENTS A total of 15 minutes is pwvided so members of the public can address the commissioners on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Commissioners about an item not listed on the Agenda, a pink "Request to Speak" form should be filled out and filed with the Commission Secretary. When you are called to speak, please come forward and state your name and address. For all other agenda items a "Request to Speak" form must be filed with the Commission Secretary before Commission gets to that item. There is a three (3) minute time limit for individual speakers. COMMISSION BUSINESS 1. Approval of Agenda Case No.: Applicant: Location: Proposal: Environmental Action: Planner: Recommendation: Environmental Impact Report No. 340 Bedford Properties/Douglas Wood and Associates Southeast corner of Winchester and Ynea Roads Environmental Impact Report for Specific Plan No. 263, a Specific Plan proposing a 1,375,000 square foot commercial core, 298,000 square feet of general retail, 810,000 sqt~are feet of office/institutional and possible multi family residential uses on 201.3 acres. Recommend Certification Steve Jiannluo/Debbie Ubnoske Recommend Certification Case No.: Applicant: Location: Proposal: Environmental Action: Planner: Recommendation: Change of Zone No. 93-0043, Plot Plan No. 243, Amd. No. 4, Amd. No. 4 and Variance No. 9 Bedford Properties/T & B Planning Consultants Southeast comer of Ynez and Winchester Roads Change of Zone from R-R (Rural Residential) to C-P-S (Scenic Highway Commercial), a 340,400 square foot commercial center 0Val-mart) and a Variance to reduce the number of loading zones from 7 to 2. Environmental Impact Report No. 340 Steve Iiannino/Debbie Ubnoske/Matthew Fagan Recommend Approval Case No.: Parcel Map No. 27323, Amd. No. 4 Applicant: Bedford Properties/T & B Planning Consultants Location: Southeast comer of Ynez and Winchester Roads Proposal: A 10 parcel commercial subdivision Environmental Action: Environmental Impact Report No.340 Planner: Steve Jiannino Recommendation: Recommend Approval Next meeting: July 19, 1993, 6:00 p.m., Vail Elementary School, 29915 Mira Loma Drive, Temecula, California. PLANNING DIRECTOR'S REPORT PLANNING COMMISSION DISCUSSION OTHER BUSINESS ADJOURNMENT ITEM #2 ATTACHMENT N0.1 AMENDED TABLE A R:\S\STAFFRPTL?A3PP./vfEM 6/16/93 vgw 10 He 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 reasonably necessary to protect the interest of the City and its residents. The CC&R's and Articlc3 of Inoorporation of thc Property Owncr's Association are subject to the approval of Planning, Department of Public Works, and the City Attorney. They shall be recorded prior to issuance of building permit. 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 811 common areas, drainage and related facilities. 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. All parkways, open areas, on-site slopes and landscaping shall be permanently maintained by thc acsocintion the Developer or a manager designated by the Developer and/or other owners subject to the CC&R's or other means reasonably acceptable to the City. Such proof of this maintenance shall be submitted to Planning and the Department of Public Works prior to issuance of building permit. m Reciprocal access easement and parking and maintenance agreements ensuring access to all parcels and joint maintenance of all roads, drives or parking areas, private storm drain, sewer, water facilities and all other utilities shall be provided by CC&R's or by deeds and shall be recorded prior to the issuance of building permit. Former Condition No. 72 shall be deleted. Former Condition No. 73 shall be deleted. Former Condition No. 75 shall be deleted. Former Condition No. 78 (Amended Condition No. 74). Signals are not required at "Winchester Road and Nicholas Road" and "Winchester Road and Murrieta Hot Springs Road" and shall be deleted. Former Condition No. 79 (Amended Condition No. 75). "Margarita Road" shall be deleted. R:~S\STAFFRPTX243PP.MEM 6/16/93 Attachments: 2. 3. 4. 5. 6. 7. Amended Table A - Blue Page 10 Amended Conditions of Approval (Plot Plan No. 243, Amendment No. 4) - Blue Page 12 Amended Conditions of Approval (Tentative Parcel Map No. 27323, Amendment No. 4) - Blue Page 29 Original Conditions of Approval (Plot Plan No. 243, Amendment No. 4) - Blue Page 44 Original Conditions of Approval (Tentative Parcel Map No. 27323, Amendment No. 4) - Blue Page 61 Letter from Alhambra Group dated June 11, 1993 - Blue Page 76 Mitigation Monitoring Program - Blue Page 77 R:\S~STAFFRlrI'~243PP.IVlEM 6/16/93 vgw 9 Former Condition No. 67 (Amended Condition No. 65) "Margarita Road" shall be deleted. Former Condition No. 89 (Amended Condition No. 86). The requirement for improvements to Winchester Road shall be deleted and the condition shall read as follows: Additional right- of-way shall be dedicated to provide for the proposed deceleration lane at the right in driveway along Winchester Road. These improvements are subject to Caltrans' approval. Former Condition No. 90 shall be deleted. Former Condition No. 92 shall be deleted. Former Condition No. 95 (Amended Condition No. 90). Signals are not required at "Winchester Road and Nicholas Road" and "Winchester Road and Murrieta Hot Springs Road" and shall be deleted. Former Condition No. 96 (Amended Condition No. 91). "Margarita Road" shall be deleted. Former Condition No. 100 (Amended Condition No. 95) shall read as follows: 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 reasonably necessary to protect the interest of the City and its residents. The CC&R's and Articlos of Incorporation of thc Propcrty Ownor's Aos~ociation are subject to the approval of Planning, Department of Public Works, and the City Attorney. They shall be recorded prior to issuance of building permit. 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 common areas, drainage and related facilities. The CC&R's shall provide that the property shall be developed, operated and maintained so as not to create a public nuisance. R:\S~STAFFRPTx~3PP.~F~vi 6116/93 vgw 6 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. All parkways, open areas, on-site slopes and landscaping shall be permanently maintained by thc assooiotion the Developer or a manager designated by the Developer and/or other owners subject to the CC&R's or other means reasonably acceptable to the City. Such proof of this maintenance shall be submitted to Planning and the Department of Public Works prior to issuance of building permit. Reciprocal access easement and parking and maintenance agreements ensuring access to all parcels and joint maintenance of all roads, drives or parking areas, private storm drain, sewer, water facilities and all other utilities shall be provided by CC&R's or by deeds and shall be recorded prior to the issuance of building permit. Former Conditions No. 109 and 110 (Amended Conditions No. 104 and 105) should reference transmittal dates of 1991, not 1993. TENTATIVE PARCEL MAP NO. 27323, AMENDMENT NO. 4 Changes to Conditions of Approval The following changes are recommended to be incorporated into the Conditions of Approval (reference Attachment No. 3). Previous conditions requiring offsite improvements were simply implementing the Mitigation Monitoring Program of the Temecula Regional Center Environmental Impact Report (EIR) and the project Traffic Study as submitted to Staff, The Applicant then provided a refined Traffic Study to support revisions to the Mitigation Monitoring Program of the EIR and the associated Conditions of Approval relative to this project specifically. The requirements for provision of additional offsite improvements were therefore amended as requested by the Applicant. Former Condition No. 49 shall be deleted. Former Condition No. 54 (Amended Condition No. 53). "Margarita Road" shall be deleted. Former Condition No. 64 (Amended Condition No. 63) shall read as follows: 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: G. The CC&R's shall be prepared at the Developer's sole cost and expense. R:\S\STAFFRPT~243pp.MEM 6/16/93 vgw 7 Statements of Overriding Consideration While Statements of Overriding Considerations are necessary for Agriculture, Wildlife and Biology, Circulation, Noise, Air Quality and Libraries, the remainder of the impacts can be reduced to levels of insignificance. The Temecula Regional Center will be a revenue generator for the City of Temecula. According to the Fiscal Impact Study prepared for The Regional Center, the Center is estimated to provide a net surplus to the City of Temecula of approximately $21.1 million during the ten-year development period, and ~3.6 million annually thereafter. These revenues will assist in providing needed future services for the City of Temecula. PLOT PLAN NO, 243, AMENDMENT NO. 4 Impact of the Twenty-five (25) Foot Wide Transportation Corridor The following is background information and conceptual criteria on the 25 foot wide Transportation Corridor. In compliance with the Circulation Element of the proposed General Plan, a 25 foot wide easement is required along both sides of Winchester Road to accommodate the Transit Corridor. This component was first established by Riverside County's Southwest Area Plan (SWAP) and adopted in 1989. A network will eventually be necessary to accommodate the anticipated increase in traffic flows generated at build-out of the designated land uses in the City's General Plan. Different modes of transport that may be considered are as follows; A light rail system - According to Metropolitan Transit Development Board (MTDB), the most feasible solution is to provide for a double track electric powered rail system which would require a 35 foot wide right-of-way. The tracks may be separated to either side of the road but then each side would have to be powered individually and a 20 foot wide right-of-way would be needed, which would allow for a minimum of 17 feet of landscaping. Additional drive through lanes - Adequate width for a drive through lane is 12 feet and therefore two lanes on either side can be provided as necessary. Landscape Plan As per the direction of the Planning Commission, additional landscaping is now incorporated into the overall project. This is reflected on both the landscape plan and site plan (reference Exhibits D-1 & N-1 respectively). The additional landscaping is included at the center of the parking lot in front of WaI-Mart. This will serve to break up this expanse of parking. Two (2) deciduous accent trees are provided on each of the extended landscape islands. Five (5) additional evergreen shade trees have been included at the rear of the site to screen the loading area. The plant palette has been expanded to include White Alder as a Deciduous Canopy Tree in the parking lot, Southern Live Oak has replaced Holly Oak as an Evergreen Canopy Tree, True Green Chinese Elm has also been added as an Evergreen Canopy Tree, and Rhus Lancea has been added as a Parkway Flowering Tree. The landscape architect for the project has provided rationale for the plant choices (reference Attachment No. 6). R:\S~TAFFRPT~243PP.MEM 6/16/93 vgnv 4 Artists Rendering of the WaI-Mart Due to the short turn-around time between Planning Commission meetings, the applicant has advised staff that they will be unable to provide an artists rendering of the WaI-Mart building. Data Pertaining to Drive Lane Lengths and Circulation Conflicts The applicant has informed Staff that "hard" data which analyzes circulation conflicts from additional cross drive aisles does not exist. They also informed Staff that WaI-Mart is currently experiencing increased automobile and pedestrian conflicts on the sites which utilize the cross drive aisle. Changes to Conditions of Approval The following changes are recommended to be incorporated into the Conditions of Approval (reference Attachment No. 2). Previous conditions requiring offsite improvements were simply implementing the Mitigation Monitoring Program of the Temecula Regional Center Environmental Impact Report (EIR) and the project Traffic Study as submitted to Staff. The Applicant then provided a refined Traffic Study to support revisions to the Mitigation Monitoring Program of the EIR (Attachment 7) and the associated Conditions of Approval relative to this project specifically. The requirements for provision of additional offsite improvements were therefore amended as requested by the Applicant. Former Condition No. 5. E. should be expanded to include 24" box trees at the rear portion of WaI-Mart and along both Ynez and Winchester Road landscape corridors. This will assure that screening will be more effective from the outset of the project. Former Condition No. 8 should be amended to include the following statement: "All parking spaces shall be double striped." Former Condition No. 13, referencing the cross drive aisle, should be deleted. The Department of Public Works has determined that safety concerns have been addressed. In addition, aesthetic concerns voiced by the Planning Department have been mitigated through the additional landscaping included in the center of the parking lot in front of WaI-Mart. Former Condition No. 14 (Amended Condition No. 13) should be amended to read "seven (7) loading vehicles or portions thereof," not five (5). This will assure that no more than the maximum number of vehicles (or portions thereof) will be permitted on the WaI-Mart parcel at one time, thereby eliminating the possibility of using the trailer portion of the loading vehicles for on-site storage. Loading and standing areas shall be striped on the site in accordance with the loading and standing areas demarcated on Exhibit D-1. Former Conditions No. 21 and 23 (Amended Conditions No. 20 and 22) should be amended to include the expansion of WaI-Mart. This will assure that the subsequent development of WaI-Mart will be subject to Planning Department review to assure that any concerns are addressed at that time. Former Condition No. 26.A. (Amended Condition No. 25.A.) should be amended to include "in conformance with Exhibit N-2." R:XS\STAFFP, PTX243pp. MEM 6116193 vgw 5 MEMORANDUM TO: FROM: DATE: SUBJECT: Planning Commissioners Planning Department June 21, 1993 Environmental Impact Report No. 340; Plot Plan No. 243, Amendment No. 4; Planning Application No. 93-0043 (Change of Zone); Variance No. 9, Tentative Parcel Map No. 27323, Amendment No. 4 Prepared by: Debbie Ubnoske, Senior Planner Matthew Fagan, Assistant Planner BACKGROUND This item was continued from the Planning Commission hearing on June 7, 1993. Staff was directed to further analyze issues relative to the EIR, the Plot Plan and the Tentative Parcel Map. The Commission requested clarification on the following issues in the EIR: cumulative impacts associated with seismic, flooding, cultural resources, and public utilities and services. In addition, the Commission requested the following be addressed: the impact of the twenty- five (25) foot wide transportation corridor (along Winchester Road) on the site, re-design of the site plan and landscape plan to include additional landscaping on the project, an artists rendering of the Wal-Mart project, data pertaining to drive lane lengths and circulation conflicts, and clarification of the Conditions of Approval for the project. Clarification of the Conditions of Approval was requested for the EIR, Plot Plan and Tentative Parcel Map. Staff met with the applicant on June 8, 1993 to discuss the Commission's concerns. The Analysis portion of this report will address the Commission's concerns. ANALYSIS ENVIRONMENTAL IMPACT REPORT NO. 340 Seismic and Flooding Both of these issues related to the potential for flooding associated with the failure of Skinner Dam during a seismic event. Subsequent information received after preparation of the Temecula Regional Center EIR states that proposed channel improvements to Santa Gertrudis Creek and the requirement for Dam Inundation Evacuation Plans will result in no significant impacts after mitigation. R:\S\STAFF~3PP.MEM 6116/93 vgw 2 Cultural and Scientific Resources An on-site archaeological study was completed for the site in 1988. No cultural resources were found on site. No mitigation measures have been proposed. Should resources be uncovered during grading, grading will be halted and a qualified archaeologist will be consulted to evaluate the resources. A paleontological study was also completed in 1988. Again, no resources were found, however, the site has a moderate to high paleontological sensitivity. Mitigations proposed in the EIR will mitigate impacts to a level of insignificance. Water and Sewer While development of the Temecula Regional Center will not impact water and sewer facilities, Eastern Municipal Water District estimates that development of the Regional Center, Winchester Hills, and Campos Verdes will generate an average daily demand of 24 million gallons par day (mgd) for domestic water and 13.4 mgd of sewage flow. Current capacity of the Temecula Valley Regional Water Reclamation Facility is 6.25 mgd. Cumulatively these projects will result in the need for a 12.0 mgd expansion of this facility. Costs associated with this expansion will be borne by individual developers. No significant impacts are anticipated to remain after mitigation. Electricity and Natural Gas While the Temecula Regional Center will generate the need for additional electric and gas services, both Edison and the Gas Company have indicated they will serve the site. No significant impacts are anticipated to remain after mitigation. Fire Services Development of the Regional Center will result in increased demand for fire protection services. The annual costs associated with this increased level of service are only partially offset by mitigation fees of ~.25 per square foot of commercial and industrial and would require an increase in the Fire Department's annual operating budget. The mitigation fee is sufficient to mitigate the need for additional stations and equipment. In most cases, this fee is not sufficient to handle on-going operating costs. However, the Fiscal Impact Study prepared for the Regional Center indicates that this commercial development will generate sufficient revenue to cover on-going Fire Department operating costs. No significant impacts are anticipated to remain after mitigation. Sheriff Services Build-out of the Regional Center will potentially generate an additional 900 people. The EIR states that the current level of service for the Police Department is inadequate. However, the City's draft General Plan, prepared subsequent to the Regional Center EIR, states that the current level of service is adequate. Mitigation of future impacts will occur through the collection of property taxes. No significant impacts are anticipated to remain after mitigation. R:\S\STAFFRFI'X243PP.MEM 6/16/93 vgw 3 MEMORANDUM FROM: DATE: SUBJECT: Planning Commissioners Planning Department June 21, 1993 Staff Report Format Please find enclosed the Staff Report for Environmental Impact Report 340, Planning Application No. 93-0043 (Change of Zone), Plot Plan No. 243, Amended No. 4, Variance No. 9, and Parcel Map 27323, Amended No. 4. This memorandum has been enclosed with your packet to facilitate your understanding of the Staff Report. The Staff Report begins with a discussion of the Environmental Impact Report, and those items the Commission felt should be re-looked at with respect to significant impacts. The Report then addresses concerns the Commission had with respect to the Plot Plan and Landscape Plan. As a part of this analysis, the Report identifies Conditions of Approval that staff recommends be either amended or deleted based on the Commission's comments and a Refined Traffic Study. With respect to these Conditions of Approval, they are identified as Former and Amended. Attachments 2, 3, 4, and 5 are the Amended Conditions of Approval and the Original Conditions of Approval. Both are provided in an effort to facilitate the Commission's understanding of how these conditions have changed. R:\S\STAFFRPT~243PP.MEM 6/16/93 vgw ATYACHMENT 7 Mitigation Monitoring Program EIR No. 340, Specific Plan No. 263 The Temecula Regional Center Specific Plan has been assigned by the Traffic Engineer the following percentage utilization of a percentage implementation responsibility for the off-site circulation improvements noted below. This implementation responsibility for the provision of off-site roadway improvements is intended to mitigate the project's portion of cumulative traffic impacts. These improvements and the project's implementation responsibility are listed below: Improvement 1. Construction of Jackson Avenue from the Temecula/Murrieta City Limits to Murrieta Hot Springs Road 2. Winchester Road interchange overpass widening and currently planned ramp widenings 3. Overland Drive overpass improvement (Jefferson Avenue to Ynez Road) 4. Ynez Road widening from Ove~and Drive to Rancho California Road Implementation Responsibility Assigned to Temecula Regional Center 5.00% 22.40% 3.00% 10.50% 5. Winchester Road widening from Margarita Road to Muftieta Hot Springs Road 6. Four-lane Margarita Road improvement from Solaria Way to Winchester Road 7. Four-lane Margarita Road improvement from Winchester Road to Murrieta Hot Springs Road 8. Four-lane Ynez Road improvement from its present terminus at Equity Drive to the Temecula/Murrieta City limits 9. Four-lane Overland Drive improvement from Ynez Road to Margarita Road 10. Four-lane improvement of General Kearny Road from Margarita Road to the easterly Campos Verdes project boundary 11. General Kearny from easterly project limit to Nicolas Road 16.94% 16.25% 5.25% 5.00% 20.00% 9.00% 12.75% R:~S\STAFFRPTX243PP.IvIP. M 6116193 vgw 78 Improvement 12. Widening of Solana Way from Ynez Road to Margarita Road 13. Widening of Murrieta Hot Springs Road from Date Street to Canyon Drive 14. Project perimeter access signals on Winchester Road, Overland Drive, the Palm Plaza access and Costco Center access 15. Signals at the intersections of: Margarita Road/Winchester Road, Margarita Road/Overland Drive and Ynez Road/Overland Drive 16. Signals at the intersections of Jackson Avenue/Murrieta Hot Springs Road and Margarita Road/Solana Road Implementation Responsibility Assigned to Temecula Regional Center 4.50% 1.50% 100.00% 50.00%* 25.00%* This percentage implementation responsibility relates to all three Urban Core projects. Specific percentage responsibility by project is not available. R:\S\STAFFRPT~243PP.MEM 6/16/93 vgw 79 Recommended Off-Site Mitigation Measures Temecula Regional Center Phase One/Wal-Mart Center Measures Provided by Regional Center Phase One · Signalization of the Winchester Road/Wal-Mart access drive intersection. Modification of the existing Ynez Road/Palm Plaza signal to accommodate the Wal-Mart main access drive. · Signalizafion of the Ynez Road/southerly Site Access Drive. Measures Provided by Other Entities (including the Applicant)* · Signalization of the Winchester Road/Nieolas Road intersection. · Signalization of the Winchester Road/Murrieta Hot Springs Road intersection. Note that Kernper has been a participant in A.D. 161 for several years and that the signalization/improvement of the Winchester/Murrieta Hot Springs intersection of programmed as part of the assessment district improvements and the signal installation would be paid for by Riverside County Signal Mitigation funds. The signalization/improvement of the Winchester Road/Nicolas Road intersection is currently programmed in the City's CIP and is funded by signal mitigation fees which have been collected from the area developers, including Kernper. The developer is required to provide for the appropriate on-site improvements with project development. R:\S~STAFFRIr~243PP.MEM 6/16/93 vgw 80 ATTACHMENT NO. 2 AMENDED CONDITIONS OF APPROVAL PLOT PLAN NO. 243, AMENDMENT NO. 4 R:\S\STAFFRPTX243PP.MF, M 6/16/93 vgw 12 AMENDED TABLE A Impact . Noise Climate and Air Quality Agriculture Seismic Safety Slopes and Erosion Wind Erosion and Blowsand Flooding Water Quality Toxic Substances Open Space and Conservation Wildlife and Vegetation Energy Resources Scenic Highway Cultural and Scientific Resources Circulation Water and Sewer Fire Services Sheriff Services Schools Parks and Recreation Utilities Solid Waste Health Services Libraries Light and Glare Project Impact After Mitigations Significant Significant Significant Insignificant Insignificant Insignificant Insignificant Insignificant Insignificant Insignificant Insignificant Insignificant Insignificant Insignificant Significant Insignificant Insignificant Insignificant Insignificant Insignificant Insignificant Insignificant Insignificant Insignificant Insignificant Cumulative Impact After. Mitigation Significant Significant Significant Insignificant Insignificant Insignificant Insignificant Insignificant Insignificant Insignificant Significant Insignificant Insignificant Insignificant Significant Insignificant Insignificant Insignificant Significant Insignificant Insignificant Insignificant Insignificant Significant Insignificant Requires Statement of · Overriding ·Consideration Yes Yes Yes No No No No No No No Yes No No No Yes No No No Yes No No No No Yes No ATTACHMENT NO. 3 AMENDED CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP NO. 27323, AMENDMENT NO. 4 R:~S\STAFFKP'B243PP.IVlF2~ 6/16/93 vgw 29 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. (1) All parkways, open areas, on-site slopes and landscaping shall be permanently maintained by the Developer or a manager designated by the Developer and/or other owners subject to the CC&R's or other means reasonably acceptable to the City. Such proof of this maintenance shall be submitted to Planning and the Department of Public Works prior to issuance of building permit. (2) Reciprocal access easement and parking and maintenance agreements ensuring access to all parcels and joint maintenance of all roads, drives or parking areas, private storm drain, sewer, water facilities and all other utilities shall be provided by CC&R's or by deeds and shall be recorded prior to the issuance of building permit. 96. All improvements shall be constructed and completed per the approved plans, and City standards, 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, signing, striping, traffic signal interconnect, traffic signals, median reconstruction, and existing facilities. 97. The Developer shall provide "stop" controls at the intersection of local and private streets with arterial streets as directed by the Department of Public Works. 98. 32 foot private interior circulation roads shall be constructed as approved by the Department of Public Works. 99. Asphaltic emulsion (fog seal) shall be applied only as directed by the Department of 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. TEMECULA COMMUNITY SERVICES DEPARTMENT (TCSD) 100. Exterior slopes contiguous to public streets that are adjacent to commercial development shall be maintained by an established Commercial Property 0wner's Association. OTHER AGENCIES 101. Water and sewerage disposal facilities shall be installed in accordance with the provisions set forth in the Riverside County Health Department's transmittal dated April 5, 1993, a copy of which is attached. 102. Flood protection shall be provided in accordance with the Riverside County Flood Control District's transmittal dated April 26, 1993, a copy of which is attached. 27 103. 104. 105. 106. Fire protection shall be provided in accordance with the appropriate section of Ordinance No. 546 and the County Fire Warden's transmittal dated March 23, 1993, a copy of which is attached. The applicant shall comply with the recommendations set forth in the Eastern Information Center, Department of Anthropology, University of California transmittal dated November 21, 1991, a copy of which is attached. The applicant shall comply with the recommendations set forth in the Riverside Transit Agency transmittel dated November 19, 1991, a copy of which is attached. The applicant shall comply with the recommendations set forth in the State of California Department of Transportation transmittal dated April 13, 1993, a copy of which is attached. 83. 84. 85. 86. 87. 88. 89. 90. All necessary onsite improvements shall be provided. Future proposed construction phasing, upon submittal, shall be reviewed to adequately mitigate circulation and drainage concerns to the satisfaction of the Department of Public Works. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: San Diego Regional Water Quality 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 TV Franchise Caltrans Community Services DiStrict General Telephone Southern California Edison Company Southern California Gas Company Fish & Game 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. Additional right-of-way shall be dedicated to provide for the proposed deceleration lane at the right in driveway along Winchester Road. These improvements are subject to Caltrans' approval. 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. Vehicular access shall be restricted on Winchester Road and Ynez Road with the exception of access as shown on the approved site plan or as approved by the Department of Public Works. Adequate signing and striping shall be provided for Winchester Road and Ynez Road as approved by the Department of Public Works. Traffic signals and associated street improvements shall be installed for the following intersections; Southerly access to the project from Ynez Road Easterly access to the project from Winchester Road R:\S~STAFFP, PTX243pp. MER~ 6/16/93 vgw 25 91. 92. 93. 94. 95. Upgrade the existing traffic signal at the northerly access to the site on Ynez Road aligned with Palm Plaza entrance Traffic signal interconnection shall be installed along Winchester Road and Ynez Road as approved by the Department of Public Works. Bus bays and shelters shall be provided at all existing and future bus stops as determined by the Department of Public Works. Easements for sidewalks for public uses shall be dedicated to the City where sidewalks meander through private property, Easements, when required for roadway slopes, landscape easements, drainage facilities, utilities, etc., shall be recorded if they are located within the site 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; drainage easements shall be kept free of buildings and obstructions. 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 reasonably necessary to protect the interest of the City and its residents. The CC&R's are subject to the approval of Planning, Department of Public Works, and the City Attorney. They shall be recorded prior to issuance of building permit. 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 common areas, drainage and related facilities. The CC&R's shall provide that the property shall be developed, operated and maintained so as not to create a public nuisance. R:\S\STAFFRPT',243PP./VlEM 6/16/93 v~w 26 65. Traffic signal interconnection plan shall be prepared by a registered Civil Engineer to show 2" rigid metal conduit with pull rope, and #5 pull boxes on 200-foot centers along Winchester Road and Ynez Road. This design shall be shown on the street improvement plans and must be approved by the Department of Public Works. 66. Bus bays and shelters shall be designed at all existing and proposed bus stops as directed by the Department of Public Works. 67. Easements for sidewalks for public uses shall be submitted to and approved by the Department of Public Works for dedication to the City where sidewalks meander through private property. 68. All required fees shall be paid. 69. The Developer shall construct or post security and an agreement shall be executed guaranteeing the construction of the following public improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. A. Street improvements, which may include, 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 and parkways). D. Sewer and domestic water systems. E. All trails, as required by the City's Master Plans. F. Undergrounding of proposed utility distribution lines. G. Erosion control and slope protection. 70. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be undergrounded, 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. 71. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. 72. Corner property line cut off shall be required per Riverside County Standard No. 805. 73. All conditions of the grading permit and encroachment permit shall be complied with to the satisfaction of the Public Works Department. R:\S'xSTAFFRP'I~243PP.MP_M 6/16/93 vlgw 2~ PRIOR TO ISSUANCE OF BUILDING PERMIT: 74. Apricot Road shall be vacated. 75. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: Riverside County Fire Department; Planning Department; Department of Public Works; and Riverside County Flood Control and Water Conservation District. 76. All necessary construction or encroachment permits have been submitted/accomplished to the satisfaction of the Department of Public Works. 77. All building pads 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. 78. The Developer shall deposit with the Engineering Department a cash sum as established per acre as mitigation for traffic signal impact. 79. The Developer shall notify the City's cable TV Franchises of the intent to develop. Conduit shall be installed to cable TV standards. 80. The 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 The 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 the Developer. Concurrently, with executing this Agreement, the 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. The 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, the 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 the Developer is not waiving its right to protest the reasonableness of any traffic impact fee, and the amount thereof. PRIOR TO ISSUANCE OF CERTIFICATION OF OCCUPANCY: 81. A Transportation Demand Management program will be required. 82. All Conditions of Approval as part of the underlying Parcel Map 27323 shall be complied with to the satisfaction of the Department of Public Works. A. Minimum paved road widths shall be 32 feet. B. Knuckles being required at 90° 'bends' in the road. C. Separation between on-site intersections shall meet current City Standards. D. Minimum safe horizontal centerline radii shall be required. 90° parking immediately adjacent to the private streets shall be located a minimum safe distance from intersections. At entrances to the project, identify configuration, stacking distance, and turn- around ability for review and approval by the Fire Department and the Department of Public Works. G. All intersections shall be perpendicular (90°). H. Concrete sidewalks shall be provided per City Standards as required. 56. 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 XI 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. 57. 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. 58. 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. 59. An Encroachment Permit shall be required by Caltrans for any work within their right- of-way. PRIOR TO THE ISSUANCE OF ENCROACHMENT PERMITS: 60. Improvement plans prepared by a registered Civil Engineer and approved by the Department of Public Works shall be required for all public streets prior to issuance of an Encroachment Permit. Final plans and profiles shall show the location of exiting utility facilities, street lights, and parkway trees within the right-of-way as directed by the Department of Public Works. 61. The following criteria shall be observed in the design of the improvement plans and/or precise grading plans to be submitted to the Department of Public Works: A. Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving or as otherwise approved by the Department of Public Works. 62. 63. 64. Be Driveways shall conform to the applicable City Standard Nos. 207/207A and 401 (curb and sidewalk). Street lights shall be designed along the public streets adjoining the site in accordance with Ordinance 461 and shall be shown on the improvement plans as directed by the Department of Public Works. Meandering concrete sidewalks and associated parkway improvements shall be designed and approved by the Planning Department and the Community Services District along Ynez and Winchester Roads in accordance with City Standard Nos. 400 and 401. Improvement plans shall extend 300 feet beyond the project boundaries 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. Public Street improvement plans shall include plan profiles showing existing topography and utilities, and proposed centerline, top of curb and flowline grades as directed by the Department of Public Works. 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 from the site shall be directed to an underground storm drain system, A Traffic Control Plan shall be prepared by a registered Civil Engineer, and approved by the Department of Public Works. Where construction on existing City streets is required, traffic shall remain open at all times and the traffic control plan shall provide for adequate detour during construction. A signing and striping plan shall be prepared by a registered Civil Engineer and approved by the Department of Public Works for Winchester Road and Ynez Road and shall be included in the street improvement plans. Plans for traffic signals and associated street improvements shall be prepared by a registered Civil Engineer, and approved by the Department of Public Works for the following intersections and shall be included in the street improvement plans; Southerly access to the project from Ynez Road Easterly access to the project from Winchester Road Upgrade the existing traffic signal at the northerly access to the project on Ynez Road aligned with Palm Plaza entrance R:\S'~STAFFRPT~243Pp. MEM 6;16/93 vgw 22 40. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. PRIOR TO ISSUANCE OF GRADING PERMITS: 41. 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 has been filed or the project is shown to be exempt. 42. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: San Diego Regional Water Quality; Riverside County Flood Control and Water Conservation District; Planning Department; Department of Public WOrks; Riverside County Health Department; Caltrans; Community Services District; General Telephone; Southern California Edison Company; and Southern California Gas Company. 43. A Grading Plan shall be designed by a registered Civil Engineer 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. 44. A Soils Report prepared by a registered Soils Engineer shall be 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. 45. A Geological Report shall be prepared by a qualified engineer or geologist and submitted to the Department of Public Works with the initial grading plan check. The report shall address special study zones and the geological conditions of the site, and shall provide recommendations to mitigate the impact of ground shaking and liquefaction. 46. An erosion control plan in accordance with City Standards shall be prepared by a registered Civil Engineer and approved by the Department of Public Works. 47. Permanent landscape and irrigation plans shall be submitted to the Planning Department and the Department of Public Works for review. 48. 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. R:XS\STAFFRP'B243PP.IVlEM 6/16/93 vgw 19 49. 50. 51. 52. 53. 54. 55. 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 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 and Water Conservation District prior to issuance of any permit. If the full Area Drainage Plan fee or mitigation charge has been already credited to this property, no new charge needs to be paid. The Developer shall obtain any necessary letters of approval or slope easements for offsite work performed on adjacent properties as directed by the Department of Public Works. A 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 approved storm drain facilities as directed by the Department of Public Works. Onsite runoff shall be conveyed into the public right-of-way to the extent practicable. Adequate provision shall be made for the acceptance and disposal of surface drainage entering the property from adjacent areas. C. Identify and mitigate impacts of grading to any adjacent floodway. The location of existing and post development 100-year floodplain and floodway. The existing drainage facilities for conveyance and mitigation of the runoff cannot exceed 1900 cfs. Additional drainage facilities shall be provided to mitigate any additional runoff due to this development; i.e. construction of the retention basin as proposed by the Campos Verdes Specific Plan. 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 precise grading plan. The Developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the subject property. Private roads and Precise Grading Plans MUST be designed, reviewed, and approved by the Department of Public Works to meet City Public Road Standards or otherwise approved by the Department of Public Works. This should include but may not be limited to: R:~SXSTAFFRPT~43pp. Iv[E/vl 6/16/93 vgw 20 PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS: 25. Prior to the occupancy of WaI-Mart: All perimeter improvements along Ynez (approximately 37 feet from curb) and Winchester (approximately 37 feet from curb) Roads shall be fully installed and completed in conformance with the site plan marked Exhibit D and landscape plans marked Exhibit N and in conformance with Exhibit N-2. B. All major entries shall be installed and completed. The applicant shall submit plans for the water feature along with appropriate filing fee to the Planning for review and approval. The water feature shall be installed and operational within six (6) months of occupancy of WaI-Mart. 26. An Administrative Plot Plan application for signage or a Sign Program shall be submitted and approved by the Planning Director. 27. The courtyard between Pads 5 and 6 shall be completed prior to issuance of the occupancy permit for Pad 5 or 6 (whichever requests occurs first), or as approved by the Planning Director. 28. Roof-mounted equipment shall be inspected to ensure it is shielded from ground view. 29. All landscaped areas shall be planted in accordance with approved landscape, irrigation, and shading plans. 30. All required landscape planting and irrigation shall have been installed and be in a condition acceptable to the Director of Planning. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 31. A maintenance bond, in amounts to be determined by the Director of Planning, to guarantee adequate maintenance of the Planting for one year, shall be filed with the Department of Planning. Said bond shall be accompanied by a landscape maintenance agreement. 32. Each parking space reserved for the handicapped shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height if 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off-street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: R:\S\STAFFRIvI~243PP.MEM 6/16/93 vBw 17 "Unauthorized vehicles not displaying distinguishing placards or license plates issued for physically handicapped persons may be towed away at owner's expense. Towed vehicles may be reclaimed at or by telephone In addition to the above requirements, the surface of each parking place shall have a surface identification sign duplicating the Symbol of Accessibility in blue paint of at least 3 square feet in size. 33. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. 34. 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. DEPARTMENT OF BUILDING AND SAFETY 35. The applicant shall comply with applicable provisions of the 1991 edition of the Uniform Building, Plumbing and Mechanical; 1990 National Electrical Code; California Administrative Code Title 24 Energy and Handicapped Regulations and the Temecula Code. 36. Submit at time of plan review, a complete exterior site lighting plan in compliance with Ordinance Number 655 for the regulation of light pollution. 37. Obtain street addressing for all proposed buildings prior to submittal for plan review, 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 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: 38. A Grading Permit for either rough or precise (including all onsite 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. 39. 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. R:\S\STAFFRFI~43pp. MEM 6116193 vgw 18 A minimum of 1,871 parking spaces shall be provided in accordance with Section 18.12, Riverside County Ordinance No. 348. All parking spaces shall be double striped. Handicapped parking spaces shall be provided in accordance with Section 18.12 of Ordinance No. 348. 10. Bicycle parking facilities shall be provided in accordance with Section 18.12 of Ordinance No. 348. 11. The applicant shall submit development plans for all commercial, shops and pads with the appropriate filing fee to the Planning Department for approval. Staff will review all future projects of the commercial,shops and pads if the square footage of these projects are within ten (10) percent of this approval, there are no alterations the footprints on the site plan nor any alterations to the approved uses. Approvals for all other proposals which are not within this ten (10) percent margin, including alterations to the building footprints on the site plan or resulting in alterations of the approved uses at the discretion of the Planning Director shall be approved by the Planning Commission. 12. At the time of approval of each development plan, the Director of Planning shall determine the extent of parking lot improvements and associated landscaping required for each plan. 13. No more than a maximum of seven (7) loading vehicles or portions thereof which are servicing the Wal-Mart may be on the WaI-Mart parcel at one time. Loading and standing areas shall be striped on the site in accordance with the loading and standing areas demarcated on Exhibit D-1. PRIOR TO THE ISSUANCE OF THE FIRST BUILDING PERMIT AFTER WAL-MART: 14. The applicant will submit design guidelines for the remainder of the site to the Planning Department. These design guidelines shall include but not be limited to architectural guidelines, guidelines for signage, pedestrian amenities (types), and a color palette for exterior of buildings within the center. The design guidelines will be approved by the Planning Commission. WITHIN FORTY-EIGHT (48) HOURS OF THE APPROVAL OF THIS PROJECT: 15. The applicant/developer shall deliver to the Planning Department a cashiers check or money order payable to the County Clerk in the amount of Nine Hundred Dollars ($900.00) 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 Fifty Dollar (950.00) 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)~ R:~S\STAFFP, YI~43PP./vlF2d 6/16/93 vgw 15 PRIOR 16. 17. 18. 19. PRIOR 20. 21. 22. 23. 24. TO THE ISSUANCE OF GRADING PERMITS: Construction landscape plans shall be submitted for approval along with the appropriate filing fee for landscaping within the right-of-way for Winchester Road and Ynez Road. The applicant shall comply with Ordinance No. 663 (SKR Mitigation) by paying the fee required by that ordinance which is based on (the gross acreage of the parcels proposed for development). Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fees required by Ordinance No, 663, the applicant shall pay the fee required under the Habitat Conservation Plan as implemented by County ordinance or resolution. The developer or his successor's interest shall submit a mitigation monitoring program which shall describe how compliance with required mitigation measures will be met and the appropriate monitoring timing of the mitigation. The applicant shall pay all costs associated with review of the program, as well as, all monitoring activities. 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. TO THE ISSUANCE OF BUILDING PERMITS: Development plans and appropriate filing fee(s) for the WaI-Mart expansion, Pads 1 through 9, Shops 1 through 3 and Commercial 1 and 2 shall be submitted to the Planning Department for review and approval. All development plans shall call out areas for bike racks, street furniture, lighting and pedestrian amenities identified in the design guidelines for the center. Three (3) copies of Construction Landscaping, Irrigation, and Shading Plans shall be submitted to the Planning Department for approval for WaI-Mart and shall be accompanied by the appropriate filing fee, The location, number, genus, species, and container size of the plants shall be shown. Said landscape plans shall be consistent with the underlying Plot Plan and shall utilize drought tolerant materials, Three (3) copies of Construction Landscaping, Irrigation, and Shading Plans shall be submitted to the Planning Department for approval for each development for the Wal- Mart expansion, Pads 1 through 9, Shops 1 through 3 and Commercial 1 and 2 and shall be accompanied by the appropriate filing fee. The location, number, genus, species, and container size of the plants shall be shown. Said landscape plans shall be consistent with the underlying Plot Plan and shall utilize drought tolerant materials. Prior to the issuance of a building permit for WaI-Mart, the applicant shall submit a construction phasing plan to the Planning and Public Works Department for review and approval. 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. R:\S\STAFFRi~T~243PP,MEM 6/16/93 v~v 16 CITY OF TEMECULA AMENDED CONDITIONS OF APPROVAL Plot Plan No. 243, Amendment No. 4 Project Description: A Plot Plan for approximately 340,034 square feet of commercial/retail space to include a 125,584 square foot WaI-Mart {and a 30,000 square foot expansion to the WaI-Mart), approximately 59,500 square feet of commercial space, approximately 69,700 square feet of shops space and approximately 55,250 square feet of pad space. Assessor's Parcel No.: 910-130-046 and 910-130-047 Approval Date: Expiration Date: PLANNING DEPARTMENT NOTE: Conditions of Approval which follow pertain to the WaI-Mart Building and the remainder buildings on site. The following are the numbers of the Planning Department Conditions of Approval which apply exclusively to the WaI-Mart: 6, 7, 13, 21, 23, 25.A., 25.B., and 25.C. Any uncertainty as to whether a Condition of Approval applies to WaI-Mart, will be addressed by the Director of Planning. GENERAL REQUIREMENTS: Plot Plan No. 243, Amendment No. 4 is a proposal for approximately 340,034 square feet of commercial/retail space to include a 125,584 square foot WaI-Mart (and a 30,000 square foot expansion to the WaI-Mart), approximately 59,500 square feet of commercial space, approximately 69,700 square feet of shops space and approximately 55,250 square feet of pad space (Exhibit D). The permittee shall defend, indemnify, and hold harmless the City of Temecula, its agents, officers, and employees from any claims, action, or proceeding against the City of Temecula or its agents, officers, 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 Plot Plan No. 243, Amendment No. 4. The City of Temecula will promptly notify the permittee 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 permittee of any such claim, action or proceeding or fails to cooperate fully in the defense, the permittee shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. This approval shall be used within two (2) years of approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two (2) year period which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. R:\S\STAFFRPTX243PP.MEM 6/16/93 viw 13 The development of the premises shall conform substantially with that as shown on Plot Plan No. 243, Amendment No. 4 marked Exhibit D, and as amended by these conditions. Landscaping of the premises shall conform substantially with that as shown on Exhibit N, and as amended by these conditions. Conceptual landscape plans for Pad 5 or 6 (whichever applies for a plot plan first) shall show the courtyard between these two pads. B. All ground mounted equipment shall be screened form view by landscaping. The developer shall be responsible for the maintenance of all landscaped areas within the site and within the right-of-way for Ynez Road and Winchester Road. Landscaped diamonds (approximately thirty-six square feet in area) shall be located within the parking lot, at intervals no greater than one diamond per every five (5) parking spaces. Trees planted in front of the WaI-Mart shall be a minimum of 48" box. Trees planted at the rear portion of WaI-Mart and along both Ynez and Winchester Road landscape corridors should be a minimum of 24" box. Building elevations for the WaI-Mart only shall be in substantial conformance with that shown on Exhibit E, and as amended by these conditions. Colors and materials used in the construction of the WaI-Mart ~nly shall be in substantial conformance with that shown on Exhibit E (color elevations) and Exhibit H (material board) and as amended by these conditions. LOCATION MATERIAL Main Building Stucco Accents Stucco Accents Stucco Cap Trim Stucco Grille, Awning and Trim Metal Accent Tile Base of Pilasters Sandblasted Concrete Block Base of Pilaster Sandblasted Concrete Block Roof Clay Tile : COLOR Frazee 4360 W Frazee 4350 W Frazee 4342 M Frazee 5423 M Frazee 4995 A Frazee 4115 N Sandblasted - Orco Med, Weight, Black Sandblasted - Orco Med. Weight, Greys MCA Peach Buff F-47 R:\SXSTAFFP,~X2A3PP.MEM 6/16/93 vgw 14 ATTACHMENT NO, 4 ORIGINAL CONDITIONS OF APPROVAL PLOT PLAN NO. 243, AMENDMENT NO. 4 R:\S\STAFFRP'IX243PP.MYA~ 6/16/93 vgw 44 71. 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. 72. Vehicular access shall be restricted on Winchester Road and Ynez Road with the exception of access as shown on the approved site plan or as approved by the Department of Public Works. 73. Adequate signing and striping shall be provided for Winchester Road and Ynez Road as approved by the Department of Public Works. 74. Traffic signals and associated street improvements shall be installed for the following intersections; Southerly access to the project from Ynez Road Easterly access to the project from Winchester Road Upgrade the existing traffic signal at the northerly access to the site on Ynez Road aligned with Palm Plaza entrance 75. Traffic signal interconnection with shall be installed along Winchester Road and Ynez Road as approved by the Department of Public Works. 76. Bus bays and shelters shall be provided at all existing and future bus stops as determined by the Department of Public Works. 77. Easements for sidewalks for public uses shall be dedicated to the City where sidewalks meander through private property. 78. Easements, when required for roadway slopes, landscape easements, drainage facilities, utilities, etc., shall be recorded if they are located within the site 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; drainage easements shall be kept free of buildings and obstructions. 79. All improvements shall be constructed and completed per the approved plans, and City standards, 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, signing, striping, traffic signal interconnect, traffic signals, median reconstruction, and existing facilities. 80. The Developer shall provide "stop" controls at the intersection of local and private streets with arterial streets as directed by the Department of Public Works. 81. 32 foot private interior circulation roads shall be constructed as approved by the Department of Public Works. R:\S\STAFFRFI~43PP.MEM 6/16/93 vgw 42 82. Asphaltic emulsion (fog seal) shall be applied only as directed by the Department of 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. TEMECULA COMMUNITY SERVICES DEPARTMENT (TCSD) 83. Exterior slopes contiguous to public streets that are adjacent to commercial development shall be maintained by an established Commercial Property Owner's Association. OTHER AGENCIES 84. The applicant shall comply with the environmental health recommendations outlined in the Riverside County Health Department's transmittale dated April 7, 1993 and November 21, 1991, copies of which is attached. 85. The applicant shall comply with the fire improvement recommendations outlined in the County of Riverside Fire Department's letter dated March 23, 1993, a copy of which is attached. 86. The applicant shall comply with the recommendations outlined in the Rancho California Water District transmittal dated March 23, 1993, a copy of which is attached. 87. The applicant shall comply with the recommendations outlined in the Riverside Transit Agency transmittal dated November 19, 1991, a copy of which is attached. 88. The applicant shall comply with the recommendations outlined in the California Department of Transportation transmittal dated November 14, 1991, a copy of which is attached. 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 reasonably necessary to protect the interest of the City and its residents. The CC&R's are subject to the approval of Planning, Department of Public Works, and the City Attorney. They 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 common areas, drainage and related facilities, 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. (1) All parkways, open areas, on-site slopes and landscaping shall be permanently maintained by the Developer or a manager designated by the Developer and/or other owners subject to the CC&R's or other means reasonably acceptable to the City. Such proof of this maintenance shall be submitted to Planning and the Department of Public Works prior to issuance of building permits. (2) Reciprocal access easements and parking and maintenance agreements ensuring access to all parcels and joint maintenance of all roads, drives or parking areas, private storm drain, sewer, water facilities and all other utilities shall be provided by CC&R's or by deeds and shall be recorded concurrent with the map. PRIOR TO ISSUANCE OF BUILDING PERMITS: 64. 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. 65. 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. R:~S\STAFFRPTX243PP,MEM 6/16/93 vgw 40 66. PRIOR 67. 68. 69. 70. The 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 the 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, the 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. The 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, the 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; crovided that the Developer is not waiving its right to protest the reasonableness of any traffic impact fee, and the amount thereof. TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: A Transportation Demand Management program will be required. All necessary onsite improvements shall be provided. Future proposed construction phasing, upon submittal, shall be reviewed to adequately mitigate circulation and drainage concerns to the satisfaction of the Department of Public Works. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: San Diego Regional Water Quality 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 TV Franchise Caltrans Community Services District General Telephone Southern California Edison Company Southern California Gas Company Fish & Game 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. 48. 49. 50. 51. 52. Riverside County Flood Control and Water Conservation District City of Temecula Fire Bureau Planning Department Department of Public Works Riverside County Health Department Cable TV Franchise Caltrans Community Services District General Telephone Southern California Edison Company Southern California Gas Company Fish & Game 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. 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. Vehicular access shall be restricted on Winchester Road and Ynez Road and so noted on the final map with the exception of access as shown on the approved site plan or as approved by the Department of Public Works, A signing and striping plan shall be prepared a registered Civil Engineer and approved by the Department of Public Works for Winchester Road and Ynez Road shall be included in the street improvement plans. Plans for traffic signals and associated street improvements shall be prepared by a registered Civil Engineer and approved by the Department of Public Works for the following intersections and shall be included in the street improvement plans; Southerly access to the project from Ynez Road Easterly access to the' project from Winchester Road Upgrade the existing traffic signal at the northerly access to the project on Ynez Road aligned with Palm Plaza entrance R:~S\STAFFKPT~243PP,MEM 6/16/93 vgw 36 53. 54. 55, 56, 57. 58. 59. 60. 61. 62. 63. Traffic signal interconnection plan shall be prepared by a registered Civil Engineer to show 2" rigid metal conduit with pull rope, and #5 pull boxes on 200-foot centers along Winchester Road and Ynez Road. This design shall be shown on the street improvement plans and must be approved by the Department of Public Works. Prior to designing any of the above plans, contact the Department of Public Works for the design requirements. Bus bays and shelters shall be designed and approved at all existing and future bus stops as determined by the Department of Public Works. An agreement to secure the implementation of a Transportation Demand Management program shall be executed. Corner property line cut off shall be required per Riverside County Standard No. 805. Easements for sidewalks for public uses shall be dedicated to the City where sidewalks meander through private property. 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." 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 acre, 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 TV 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. R:\SXSTAFFRPTX2~3PP.MEM 6/16/93 v~w 39 36. 37. PRIOR 38. 39. 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. An Encroachment Permit shall be required by Caltrans for any work within their right- of-way. TO THE ISSUANCE OF ENCROACHMENT PERMITS: 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 or as otherwise approved by the Department of Public Works. Driveways shall conform to the applicable City Standard Nos. 207,207A, 208, and 401 (curb and sidewalk). Street lights shall be designed 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. Meandering concrete sidewalks and associated parkway improvements shall be designed and approved by the Planning Department and the Community Services District along Ynez and Winchester Roads in accordance with City Standard Nos. 400 and 401. Improvement plans shall extend 300 feet beyond the project boundaries 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. Public street improvement plans shall include plan profiles showing existing topography and utilities, and proposed centerline, top of curb and flowline grades as directed by the Department of Public Works. 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. R:x,S\STAFFRFI"t243PP.MEM 6/16/93 vgw 36 40. 41. 42. 43. All concentrated drainage from the site shall be directed to an underground storm drain system. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be undergrounded, 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. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. All conditions of the grading permit and encroachment permit shall be complied with to the satisfaction of the Public Works Department. 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. PRIOR TO RECORDATION OF FINAL MAP: 44. 45. 46. 47. Apricot Road shall be vacated on the final Map. Any delinquent property taxes shall be paid. 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. A. Street improvements, which may include, but are not limited to: pavement, curb and gutter, sidewalks, drive approaches, street lights, signing, traffic signals 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. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: · San Diego Regionel Water Quality · Rancho California Water District · Eastern Municipal Water District R:\SXSTAFFP~T~t3PP.MEM 6/16/93 v~v 37 25. 26. 27. 28. 29. 30. 31. 32. Riverside County Health Department Caltrans Community Services District General Telephone Southern California Edison Company Southern California Gas Company A Soils Report prepared by a registered Soils Engineer shall be submitted to 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. A Geological Report shall be prepared by a qualified engineer or geologist and submitted to the Department of Public Works with the initial grading plans. The report shall address special study zones and the geological conditions of the site, and shall provide recommendations to mitigate the impact of ground shaking and liquefaction. An erosion control plan in accordance with City Standards shall be prepared by a registered Civil Engineer and submitted to the De ~artment of Public Works for review and approval. Graded but undeveloped land shall be maintained ~n 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. 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. 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 permits. 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. A 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 approved storm drain facilities as directed by the Department of Public Works. Onsite runoff shall be conveyed into the public right-of-way to the extent practicable. Adequate provision shall be made for the acceptance and disposal of surface drainage entering the property from adjacent areas. R:\S~STAI~Rl~T~243PP.ME~l 6/16/93 vgw 34 33. 34. 35. C. 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. The existing drainage facilities for conveyance and mitigation of the runoff cannot exceed 1900 cfs. Additional drainage facilities shall be provided to mitigate any additional runoff due to this development; i.e. construction of the retention basin as proposed by the Campos Verdes Specific Plan. Private roads and Precise Grading Plans MUST be designed, reviewed, and approved by the Department of Public Works to meet City Public Road Standards or otherwise approved by the Department of Public Works. This should include but may not be limited to: A. Minimum paved road widths shall be 32 feet. B. Knuckles being required at 90° 'bends' in the road. C. Separation between on-site intersections shall meet current City Standards. D. Minimum safe horizontal centerline radii shall be required. 90° parking immediately adjacent to the private streets shall be located a minimum safe distance from intersections. At entrances to project, identify configuration, stacking distance, and turn- around ability for review and approval by the Fire Department and the Department of Public Works. G. All intersections shall be perpendicular (90°). H. Concrete sidewalks shall be provided per City Standards as required. 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 XI 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. 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. R:\S~STAFFRPT\243Pp. IVlRM 6/16/93 vgw ~5 (5) This project is within a Subsidence Zone. D. A copy of the Recorded Easement Agreements (REA's) (1) REA's shall be reviewed and approved by the Planning Director. The REA's shall include liability insurance and methods of maintaining parking areas, private roads, exterior of all buildings and all landscaped and open areas including parkways. The REA shall provide for shared parking, shared ingress and egress, and master drainage and flood control. (2) 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 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 REA'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 REA'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. (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. 13. 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 BUILDING PERMITS: 14. 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: 15. 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. R:\S\STAFFRPTX243Pp.MEM 6/16/93 vgw 32 16. 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. 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. GENERAL REQUIREMENTS: 17. 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. 18. 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. 19. 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. 20. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. 21. 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: 22. The final grading plan shall be prepared by a Registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. 23. 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 or the project is shown to be exempt. 24. The Developer shall receive written clearance from the following agencies: San Diego Regional Water Quality Riverside County Flood Control and Water Conservation District Planning Department Department of Public Works R:\S\STAR~,FI'~A3PP,1.4~ 6/16/93 vgw 33 CITY OF TEMECULA AMENDED CONDITIONS OF APPROVAL Tentative Parcel Map No. 27323, Amendment No. 4 Project Description: A 13 parcel commercial subdivision with two remainder parcels of 58.1 acres at the southeast corner Ynez and Winchester Roads. Assessor's Parcel No(s): Approval Date: Expiration Date: 910-130-046,047 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. The subdivider shall defend, indemnify, and hold harmless the City of Temecula, its 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. 27323, Amendment No. 4, 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 defence. 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 Dhasina 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. 263. The project and all subsequent projects within this site shall comply with all mitigation measures identified within EIR No. 340 and the Mitigation Monitoring Program approved for EIR No. 340. The developer shall be responsible for the maintenance of all landscaped areas within the site and within the right-of-way for Ynez Road and Winchester Road. R:XS\STAFF~3PP.MEM 6/16/93 vgw 30 PRIOR TO ISSUANCE OF GRADING PERMITS: 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 vertebrate paleontologist shall resurvey the site and develop a Paleontologic Resource Impact Mitigation Monitoring Program prior to issuance of grading permits. The qualified Paleontologist shall be retained to perform periodic inspections of excavations and, if necessary, salvage exposed fossils. The frequency of inspections will depend on the rate of excavation, the materials being excavated, and the abundance of fossils. The Program shall be consistent with the Mitigation Monitoring Program for EIR No. 340. 10. A soil sampling and chemical analysis program shall be completed to determine if near surface soil contains hazardous substances in excess of EPA limits. In the event that any hazardous materials are found on-site, qualified authorities shall be immediately contacted to determine the proper disposal of the hazardous materials. 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 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) Environmental Impact Report (EIR) No. 340 was prepared forthis project and is on file at the City of Temecula Planning Department. (3) This project is within a 100 year flood hazard zone. (4) This project is within a liquefaction hazard zone. P,:'~S\STAFFP, PT~243PP.lvtI~d 6/16/93 vgw 3 1 ATTACHMENT NO. 5 ORIGINAL CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP NO. 27323, AMENDMENT NO. 4 101. 102. 103. 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. The CC&R's and Articles of Incorporation of the Property Owner's Association are subject to the approval of Planning, Department of Public Works, and the City Attorney. They shall be recorded prior to issuance of building permit. 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 common areas, drainage and related facilities. Em 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. (1) All parkways, open areas, on-site slopes and landscaping shall be permanently maintained by the association or other means acceptable to the City. Such proof of this maintenance shall be submitted to Planning and the Department of Public Works prior to issuance of building permit. (2) Reciprocal access easement and parking and maintenance agreements ensuring access to all parcels and joint maintenance of all roads, drives or parking areas, private storm drain, sewer, water facilities and all other utilities shall be provided by CC&R's or by deeds and shall be recorded prior to the issuance of building permit. All improvements shall be constructed and completed per the approved plans, and City standards, 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, signing, striping, traffic signal interconnect, traffic signals, median reconstruction, and existing facilities. The Developer shall provide "stop" controls at the intersection of local and private streets with arterial streets as directed by the Department of Public Works. 32 foot private interior circulation roads shall be constructed as approved by the Department of Public Works. R:\S\STAFFRPT~43PP.MEM 6/16/93 vgw 59 104. Asphaltic emulsion (fog seal) shall be applied only as directed by the Department of 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. TEMECULA COMMUNITY SERVICES DEPARTMENT (TCSD) 105. Exterior slopes contiguous to public streets that are adjacent to commercial development shall be maintained by an established Commercial Property Owner's Association. OTHER AGENCIES 106. Water and sewerage disposal facilities shall be installed in accordance with the provisions set forth in the Riverside County Health Department's transmittal dated April 5, 1993, a copy of which is attached. 107. Flood protection shall be provided in accordance with the Riverside County Flood Control District's transmittal dated April 26, 1993, a copy of which is attached, 108. Fire protection shall be provided in accordance with the appropriate section of Ordinance No. 546 and the County Fire Warden's transmittal dated March 23, 1993, a copy of which is attached. 109. The applicant shall comply with the recommendations set forth in the Eastern Information Center, Department of Anthropology, University of California transmittal dated November 21, 1993, a copy of which is attached. 110. The applicant shall comply with the recommendations set forth in the Riverside Transit Agency transmittal dated November 19, 1993, a copy of which is attached. 111. The applicant shall comply with the recommendations set forth in the State of California Department of Transportation transmittal dated April 13, 1993, a copy of which is attached. R:~S\STAFFRPT~243Pp.MEM 6/16/93 vlw 60 86. 87. 88. 89. All necessary onsite improvements shall be provided. Future proposed construction phasing, upon submittal, shall be reviewed to adequately mitigate circulation and drainage concerns to the satisfaction of the Department of Public Works. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: San Diego Regional Water Quality 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 TV Franchise Caltrans Community Services District General Telephone Southern California Edison Company Southern California Gas Company Fish & Game 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. Winchester Road, from Margarita Road to Murrieta Hot Springs Road, shall be fully improved within a 134 foot full width dedicated right-of-way as per the Assessment District 161 plans including a 14 foot wide raised median in accordance with City Standard No.100A. Additional right-of-way shall be dedicated to provide for the proposed deceleration lane at the right in driveway. These improvements are subject to Caltrans' approval. 90. 91. Ynez Road, from Overland Drive to Rancho California Road, shall be fully improved within a 134 foot full width dedicated right-of-way as per Community Facilities District 88-12 plans including a 14 foot wide raised, landscaped median, in accordance with City Standard No. 100A and as approved by the Planning Department, the Community Services District, and the Department of Public Works. 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. R:\SXSTAFFRFI'X243PP,MEM 6/16/93 vgw 57 92. 93. 94. 95. 96. 97. 98. 99. 100. The Developer shall reimburse the City for the existing improvements along Margarita Road for the portion between from Winchester Road to Solana Way, since these improvements mitigate the traffic requirements of the proposed project. These improvements were recently provided by the City's Capital Improvement Project. Vehicular access shall be restricted on Winchester Road and Ynez Road with the exception of access as shown on the approved site plan or as approved by the Department of Public Works. Adequate signing and striping shall be provided for Winchester Road and Ynez Road, as approved by the Department of Public Works. Traffic signals shall be installed for the following intersections; Winchester Road and Nicholas Road Winchester Road and Murrieta Hot Springs Road Southerly access to the project from Ynez Road Easterly access to the project from Winchester Road Upgrade the existing traffic signal at the northerly access to the site on Ynez Road aligned with Palm Plaza entrance Traffic signal interconnection with shall be installed along Winchester Road, Margarita Road, and Ynez Road as approved by the Department of Public Works. Bus bays and shelters shall be provided at all existing and future bus stops as determined by the Department of Public Works. Easements for sidewalks for public uses shall be dedicated to the City where sidewalks meander through private property. Easements, when required for roadway slopes, landscape easements, drainage facilities, utilities, etc., shall be recorded if they are located within the site 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; drainage easements shall be kept free of buildings and obstructions. 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. R:~S~TAFFRFl~243pp. MEM 6/16193 v~w 5E~ 67. 68. 69. 70. 71, 72. Traffic signal interconnection shall be prepared by a registered Civil Engineer to show 2" rigid metal conduit with pull rope, and #5 pull boxes on 200-foot centers along Winchester Road, Margarita Road, and Ynez Road. This design shall be shown on the street improvement plans and must be approved by the Department of Public Works. Prior to designing any of the above plans, contact the Department of Public Works for the design requirements. Bus bays and shelters shall be designed at all existing and proposed bus stops as directed by the Department of Public Works. Easements for sidewalks for public uses shall be submitted to and approved by the Department of Public Works for dedication to the City where sidewalks meander through private property. All required fees shall be paid. The Developer shall construct or post security and an agreement shall be executed guaranteeing the construction of the following public improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. a. Street improvements, which may include, 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 (streets and parks). d. Sewer and domestic water systems. e. All trails, as required by the City's Master Plans. f. Undergrounding of proposed utility distribution lines. g. Erosion control and slope protection. 73. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be undergrounded, 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. 74. All utilities, except electrical li'nes rated 33kv or greater, shall be installed underground. 75. Corner property line cut off shall be required per Riverside County Standard No. 805. 76. All conditions of the grading permit and encroachment permit shall be complied with to the satisfaction of the Public Works Department. R:\S\STAFFRPT~243PP.IV/EM 6/16/93 vgw 55 PRIOR TO ISSUANCE OF BUILDING PERMIT: 77. Apricot Road shall be vacated. 78. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: Riverside County Fire Department; Planning Department; Department of Public Works; and Riverside County Flood Control and Water Conservation District. 79. All necessary construction or encroachment permits have been submitted/accomplished to the satisfaction of the Department of Public Works. 80. All building pads 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. 81. The Developer shall deposit with the Engineering Department a cash sum as established per acre as mitigation for traffic signal impact. 82. The Developer shall notify the City's cable TV Franchises of the intent to develop. Conduit shall be installed to cable TV standards. 83. The 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 The 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 the Developer. Concurrently, with executing this Agreement, the 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. The 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, the 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; orovided that the Developer is not waiving its right to protest the reasonableness of any traffic impact fee, and the amount thereof. PRIOR TO ISSUANCE OF CERTIFICATION OF OCCUPANCY: 84. A Transportation Demand Management program will be required. 85. All Conditions of Approval as part of the underlying Parcel Map 27323 shall be complied with to the satisfaction of the Department of Public Works. R:\S\STAFFRFI"X243PP.M~M 6/16/93 vgw 56 58. 59. 60. 61. PRIOR 62. 63. A. Minimum paved road widths shall be 32 feet. B. Knuckles being required at 90° 'bends' in the road. C. Separation between on-site intersections shall meet current City Standards. D. Minimum safe horizontal centerline radii shall be required. 90° parking immediately adjacent to the private streets shall be located a minimum safe distance from intersections. At entrances to the project, identify configuration, stacking distance, and turn- around ability for review and approval by the Fire Department and the Department of Public Works. G. All intersections shall be perpendicular (90°). H. Concrete sidewalks shall'be provided per City Standards as required. 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 XI 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. 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 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. An Encroachment Permit shall be required from Caltrans for any work within their right- of-way. TO THE ISSUANCE OF ENCROACHMENT PERMITS: Improvement plans prepared by a registered Civil Engineer and approved by the Department of Public Works shall be required for all public streets prior to issuance of an Encroachment Permit. Final plans and profiles shall show the location of exiting utility facilities, street lights, and parkway trees within the right-of-way as directed by the Department of Public Works. The following criteria shall be observed in the design of the improvement plans and/or precise grading plans to be submitted to the Department of Public Works: 64. 65. 66. A. Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving or as otherwise approved by the Department of Public Works. B. Driveways shall conform to the applicable City Standard Nos. 207/207A and 401 (curb and sidewalk). C. Street lights shall be designed along the public streets adjoining the site in accordance with Ordinance 461 and shall be shown on the improvement plans as directed by the Department of Public Works. D. Meandering concrete sidewalks and associated parkway improvements shall be designed and approved by the Planning Department and the Community Services District along Ynez and Winchester Roads in accordance with City Standard Nos. 400 and 401. E. Improvement plans shall extend 300 feet beyond the project boundaries or as otherwise approved by the Department of Public Works. F. All street and driveway centerline intersections shall be at 90 degrees or as approved by the Department of Public Works. G. Public Street improvement plans shall include plan profiles showing existing topography and utilities, and proposed centerline, top of curb and flowline grades as directed by the Department of Public Works. H. 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. I. All concentrated drainage from the site shall be directed to an underground storm drain system. A Traffic Control Plan shall be prepared by a registered Civil Engineer, end approved by the Department of Public Works. Where construction on existing City streets is required, traffic shall remain open at all times and the traffic control plan shall provide for adequate detour during construction. A signing and striping plan shall be prepared by a registered Civil Engineer and approved by the Department of Public Works for Winchester Road and Ynez Road and shall be included in the street improvement plans. Plans for traffic signals shall be prepared by a registered Civil Engineer, and approved by the Department of Public Works for the following intersections and shall be included in the street improvement plans; Southerly access to the project from Ynez Road Easterly access to the project from Winchester Road Upgrade the existing traffic signal at the northerly access to the project on Ynez Road aligned with Palm Plaza entrance R:\S\STAFFRPT~243PP.MEM 6/16/93 vF 54 PRIOR 42. 43. 44. 45. 46. 47. 48. 49. 50. TO ISSUANCE OF GRADING PERMITS: 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 has been filed or the project is shown to be exempt. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: San Diego Regional Water Quality; Riverside County Flood Control and Water Conservation District; Planning Department; Department of Public Works; Riverside County Health Department; Caltrans; Community Services District; General Telephone; Southern California Edison Company; and Southern California Gas Company. A Grading Plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works. The plan shall comply with the Uniform Building Code, Chapter 70, City Standards, and as may be additionally provided for in these Conditions of Approval. A Soils Report prepared by a registered Soils Engineer shall be 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. A Geological Report shall be prepared by a qualified engineer or geologist and submitted to the Department of Public Works with the initial grading plan check. The report shall address special study zones and the 'geological conditions of the site, and shall provide recommendations to mitigate the impact of ground shaking and liquefaction, An erosion control plans shall be prepared by a registered Civil Engineer and approved by the Department of Public Works. Permanent landscape and irrigation plans shall be submitted to the Planning Department and the Department of Public Works for review. 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 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. P,:\S\STAFFRPT~243pP.M~JM 6/16/93 vgw 5 1 51. 52. 53. 54. 55. 56. 57. 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 and Water Conservation 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. The Developer shall obtain any necessary letters of approval or slope easements for offsite work performed on adjacent properties as directed by the Department of Public Works. A 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 approved storm drain facilities as directed by the Department of Public Works. Onsite runoff shall be conveyed into the public right-of-way to the extent practicable. Adequate provision shall be made for the acceptance and disposal of surface drainage entering the property from adjacent areas. C. Identify and mitigate impacts of grading to any adjacent floodway. The location of existing and post development l O0-year floodplain and floodway. The existing drainage facilities for conveyance and mitigation of the runoff cannot exceed 1900 cfs. Additional drainage facilities shall be provided to mitigate any additional runoff due to this development; ie. construction of the retention basin as proposed by the Campos Verdes Specific Plan. 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 precise grading plan. The Developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the subject property. The long drive aisles in front of Wal-mart, in the parking lot, shall be split with at least one additional north/south drive aisle as approved by the Department of Public Works. Private roads and Precise Grading Plans MUST be designed, reviewed, and approved by the Department of Public Works to meet City Public Road Standards or otherwise approved by the Department of Public Works. This should include but may not be limited to: R:~S\STAFFRPT~3pp. Iv~,M 6/16/93 vgw 52 26. Prior to the occupancy of WaI-Mart: 27. 28. 29. 30. 31. 32. 33. All perimeter improvements along Ynez (approximately 37 feet from curb) and Winchester (approximately 37 feet from curb) Roads shall be fully installed and completed in conformance with the site plan marked Exhibit D and landscape plans marked Exhibit N. B. All major entries shall be installed and completed. The applicant shall submit plans for the water feature along with appropriate filing fee to the Planning for review and approval. The water feature shall be installed and operational within six (6) months of occupancy of WaI-Mart. An Administrative Plot Plan application for signage or a Sign Program shall be submitted and approved by the Planning Director. The courtyard between Pads 5 and 6 shall be completed prior to issuance of the occupancy permit for Pad 5 or 6 (whichever requests occurs first), or as approved by the Planning Director. Roof-mounted equipment shall be inspected to ensure it is shielded from ground view· All landscaped areas shall be planted in accordance with approved landscape, irrigation, and shading plans. All required landscape planting and irrigation shall have been installed and be in a condition acceptable to the Director of Planning. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. A maintenance bond, in amounts to be determined by the Director of Planning, to guarantee adequate maintenance of the Planting for one year, shall be filed with the Department of Planning. Said bond shall be accompanied by a landscape maintenance agreement. Each parking space reserved for the handicapped shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height if 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off-street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: "Unauthorized vehicles not displaying distinguishing placards or license plates issued for physically handicapped persons may be towed away at owner's expense. Towed vehicles may be reclaimed at or by telephone R:\S\STA~3PP./vlF~M 6/16/93 vgw 49 In addition to the above requirements, the surface of each parking place shall have a surface identification sign duplicating the Symbol of Accessibility in blue paint of at least 3 square feet in size. 34. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. 35. 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. DEPARTMENT OF BUILDING AND SAFETY 36. The applicant shall comply with applicable provisions of the 1991 edition of the Uniform Building, Plumbing and Mechanical; 1990 National Electrical Code; California Administrative Code Title 24 Energy and Handicapped Regulations and the Temecula Code. 37. Submit at time of plan review, a complete exterior site lighting plan in compliance with Ordinance Number 655 for the regulation of light pollution. 38. Obtain street addressing for all proposed buildings prior to submittal for plan review. 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 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: 39. 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. 40. 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. 41. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. R:\S\STAFFRPTX243Pp. MRM 6116193 v~w 50 9. Handicapped parking spaces shall be provided in accordance with Section 18.12 of Ordinance No. 348. 10. Bicycle parking facilities shall be provided in accordance with Section 18.12 of Ordinance No. 348. 11. The applicant shall submit development plans for all commercial, shops and pads with the appropriate filing fee to the Planning Department for approval. Staff will review all future projects of the commercial,shops and pads if the square footage of these projects are within ten (10) percent of this approval, there are no alterations the footprints on the site plan nor any alterations to the 8pproved uses. Approvals for all other proposals which are not within this ten (10) percent margin, including alterations to the building footprints on the site plan or resulting in alterations of the approved uses at the discretion of the Planning Director shall be approved by the Planning Commission. 12. At the time of approval of each development plan, the Director of Planning shall determine the extent of parking lot improvements and associated landscaping required for each plan. 13, An additional twenty-four (24) foot wide, two-way, north-south trending drive aisle shall be added to the site plan. Said drive aisle shall meet all of the requirements under Ordinance No. 348 and all City of Temecula standards pertaining to parking lot safety. 14. No more than a maximum of five (5) loading vehicles which are servicing the WaI-Mart may be on the WaI-Mart parcel at one time. PRIOR TO THE ISSUANCE OF THE FIRST BUILDING PERMIT AFTER WAL-MART: 15. The applicant will submit design guidelines for the remainder of the site to the Planning Department. These design guidelines shall include but not be limited to architectural guidelines, guidelines for signage, pedestrian amenities (types), and a color palette for exterior of buildings within the center. The design guidelines will be approved by the Planning Commission. WITHIN FORTY-EIGHT (48) HOURS OF THE APPROVAL OF THIS PROJECT: 16. The applicant/developer shall deliver to the Planning Department a cashiers check or money order payable to the County Clerk in the amount of Nine Hundred Dollars (~900.00) 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 Fifty Dollar ($50.00) 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). R:\S~STA~3pp. MEM 6/16/93 vgw 47 PRIOR 17. 18. 19. 20. PRIOR 21. 22. 23. 24. 25. PRIOR TO THE ISSUANCE OF GRADING PERMITS: Construction landscape plans shall be submitted for approval along with the appropriate filing fee for landscaping within the right-of-way for Winchester Road and Ynez Road. The applicant shall comply with Ordinance No. 663 (SKR Mitigation) by paying the fee required by that ordinance which is based on (the gross acreage of the parcels proposed for development). Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fees required by Ordinance No. 663, the applicant shall pay the fee required under the Habitat Conservation Plan as implemented by County ordinance or resolution. The developer or his successor's interest shall submit a mitigation monitoring program which shall describe how compliance with required mitigation measures will be met and the appropriate monitoring timing of the mitigation. The applicant shall pay all costs associated with review of the program, as well as, all monitoring activities. 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. TO THE ISSUANCE OF BUILDING PERMITS: Development plans and appropriate filing fee(s) for Pads I through 9, Shops I through 3 and Commercial 1 and 2 shall be submitted to the Planning Department for review and approval. All development plans shall call out areas for bike racks, street furniture, lighting and pedestrian amenities identified in the design guidelines for the center. Three (3) copies of Construction Landscaping, Irrigation, and Shading Plans shall be submitted to the Planning Department for approval for WaI-Mart and shall be accompanied by the appropriate filing fee. The location, number, genus, species, and container size of the plants shall be shown. Said landscape plans shall be consistent with the underlying Plot Plan and shall utilize drought tolerant materials. Three (3) copies of Construction Landscaping, Irrigation, and Shading Plans shall be submitted to the Planning Department for approval for each development for Pads 1 through 9, Shops 1 through 3 and Commercial 1 and 2 and shall be accompanied by the appropriate filing fee. The location, number, genus, species, and container size of the plants shall be shown. Said landscape plans shall be consistent with the underlying Plot Plan and shall utilize drought tolerant materials. Prior to the issuance of a building permit for WaI-Mart, the applicant shall submit a construction phasing plan to the Planning and Public Works Department for review and approval. 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. TO THE ISSUANCE OF OCCUPANCY PERMITS: R:\S'~STAFFRFI~43PP.IvIF~vl 6/16/93 vF 48 CITY OF TEMECULA CONDITIONS OF APPROVAL Plot Plan No. 243, Amendment No. 4 Project Description: A Plot Plan for approximately 340,034 square feet of commercial/retail space to include a 125,584 square foot WaI-Mart (and a 30,000 square foot expansion to the WaI-Mart), approximately 59,500 square feet of commercial space, approximately 69,700 square feet of shops space and approximately 55,250 square feet of pad space. Assessor's Parcel No.: 910-130-046 and 910-130-047 Approval Date: Expiration Date: PLANNING DEPARTMENT NOTE: Conditions of Approval which follow pertain to the WaI-Mart Building and the remainder buildings on site. The following are the numbers of the Planning Department Conditions of Approval which apply exclusively to the WaI-Mart: 5.E, 6, 7, 13, 14, 22, 24, 26.A., 26.B., and 26.C. Any uncertainty as to whether a Condition of Approval applies to WaI-Mart, will be addressed by the Director of Planning. GENERAL REQUIREMENTS Plot Plan No. 243, Amendment No. 4 is a proposal for approximately 340,034 square feet of commercial/retail space to include a 125,584 square foot WaI-Mart (and a 30,000 square foot expansion to the WaI-Mart), approximately 59,500 square feet of commercial space, approximately 69,700 square feet of shops space and approximately 55,250 square feet of pad space (Exhibit D). The permittee shall defend, indemnify, and hold harmless the City of Temecula, its agents, officers, and employees from any claims, action, or proceeding against the City of Temecula or its agents, officers, 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 Plot Plan No. 243, Amendment No. 4. The City of Temecula will promptly notify the permittee 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 permittee of any such claim, action or proceeding or fails to cooperate fully in the defense, the permittee shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. This approval shall be used within two (2) years of approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two (2) year period which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. The development of the premises shall conform substantially with that as shown on Plot Plan No. 243, Amendment No. 4 marked Exhibit D, and as amended by these conditions. Landscaping of the premises shall conform substantially with that as shown on Exhibit N, and as amended by these conditions. Conceptual landscape plans for Pad 5 or 6 (whichever applies for a plot plan first) shall show the courtyard between these two pads. B. All ground mounted equipment shall be screened form view by landscaping. The developer shall be responsible for the maintenance of all landscaped areas within the site and within the right-of-way for Ynez Road and Winchester Road. Landscaped diamonds (approximately thirty-six square feet in area) shall be located within the parking lot, at intervals no greater than one diamond per every five (5) parking spaces. E. Trees planted in front of the WaI-Mart shall be a minimum of 48" box. Building elevations for the WaI-Mart qnly shall be in substantial conformance with that shown on Exhibit E, and as amended by these conditions. Colors and materials used in the construction of the WaI-Mart ~nly shall be in substantial conformance with that shown on Exhibit E (color elevations) and Exhibit H (material board) and as amended by these conditions. LOCATION MATERIAL Main Building Stucco Accents Stucco Accents Stucco Cap Trim Stucco Grille, Awning and Trim Metal Accent Tile Base of Pilasters Sandblasted Concrete Block Base of Pilaster Sandblasted Concrete Block Roof Clay Tile COLOR' Frazee 4360 W Frazee 4350 W Frazee 4342 M Frazee 5423 M Frazee 4995 A Frazee 4115 N Sandblasted - Orco Med. Weight, Black #100 Sandblasted - Orco Med. Weight, Greys MCA Peach Buff F-47 A minimum of 1871 parking spaces shall be provided in accordance with Section 18.12, Riverside County Ordinance No. 348. R:\S\STAFFRFI'~A3PP.MEM 6/16/93 vgw 46 ATTACHMENT NO. 6 LETTER FROM ALHAMBRA GROUP JUNE11,1993 R:\S\STAFF~3PP.MEM 6/16/93 vgw 76 73. 74. 75. 76. 77. 78, 79. 80. 81. 82. Ynez Road, from Overland Drive to Rancho California Road, shall be fully improved within a 134 foot full width dedicated right-of-way as per Community Facilities District 88-12 plans including a 14 foot wide raised, landscaped median, in accordance with City Standard No. 100A and as approved by the Planning Department, the Community Services District, and the Department of Public Works. 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. The Developer shall reimburse the City for the existing improvements along Margarita Road for the portion between from Winchester Road to Solaria Way, since these improvements mitigate the traffic requirements of the proposed project. These improvements were recently provided by the City's Capital Improvement Project. Vehicular access shall be restricted on Winchester Road and Ynez Road with the exception of access as shown on the approved site plan or as approved by the Department of Public Works. Adequate signing and striping shall be provided for Winchester Road and Ynez Road as approved by the Department of Public Works. Traffic signals shall be installed for the following intersections; Winchester Road and Nicholas Road Winchester Road and Murrieta Hot Springs Road Southerly access to the project from Ynez Road Easterly access to the project from Winchester Road Upgrade the existing traffic signal at the northerly access to the site on Ynez Road aligned with Palm Plaza entrance . Traffic signal interconnection with shall be installed along Winchester Road, Margarita Road, and Ynez Road as approved by the Department of Public Works. Bus bays and shelters shall be provided at all existing and future bus stops as determined by the Department of Public Works. Easements for sidewalks for public uses shall be dedicated to the City where sidewalks meander through private property. Easements, when required for roadway slopes, landscape easements, drainage facilities, utilities, etc., shall be recorded if they are located within the site 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; drainage easements shall be kept free of buildings and obstructions. R:\SXSTAFFRPTx243PP.ME~M 6/16/93 vgw 74 83. All improvements shall be constructed and completed per the approved plans, and City standards, 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, signing, striping, traffic signal interconnect, traffic signals, median reconstruction, and existing facilities. 84. The Developer shall provide "stop" controls at the intersection of local and private streets with arterial streets as directed by the Department of Public Works. 85. 32 foot private interior circulation roads shall be constructed as approved by the Department of Public Works. 86. Asphaltic emulsion (fog seal) shall be applied only as directed by the Department of 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. TEMECULA COMMUNITY SERVICES DEPARTMENT 87. Exterior slopes contiguous to public streets that are adjacent to commercial development shall be maintained by an established Commercial Property Owner's Association. OTHER AGENCIES 88. The applicant shall comply with the environmental health recommendations outlined in the Riverside County Health Department's transmittals dated April 7, 1993 and November 21, 1991, copies of which is attached. 89. The applicant shall comply with the fire improvement recommendations outlined in the County of Riverside Fire Department's letter dated March 23, 1993, a copy of which is attached. 90. The applicant shall comply with the recommendations outlined in the Rancho California Water District transmittal dated March 23, 1993, a copy of which is attached. 91. The applicant shall comply with the recommendations outlined in the Riverside Transit Agency transmittal dated November 19, 1991, a copy of which is attached. 92. The applicant shall comply with the recommendations outlined in the California Department of Transportation transmittel dated November 14, 1991, a copy of which is attached. R:\S\STAFFRPTX243pP.MEM 6/16/93 vgw 75 PRIOR 65. 66. 67. The CC&R's end Articles of Incorporation of the Property Owner's Association are subject to the approval of Planning, Department of Public Works, and the City Attorney. They 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 common areas, drainage and related facilities. 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. (1) All parkways, open areas, on-site slopes and landscaping shall be permanently maintained by the association or other means acceptable to the City. Such proof of this maintenance shall be submitted to Planning and the Department of Public Works prior to issuance of building permits. (2) Reciprocal access easements and parking and maintenance agreements ensuring access to all parcels and joint maintenance of all roads, drives or parking areas, private storm drain, sewer, water facilities and all other utilities shall be provided by CC&R's or by deeds and shall be recorded concurrent with the map. TO ISSUANCE OF BUILDING PERMITS 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. 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. The Developer shall pay any capital fee for road improvements and public facilities imposed upon the property 6r 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 the Developer requests its building permits for the project or any phase thereof, the Developer shall execute the Agreement for payment of Public Facility fee, R:~S\STAFFRPT~A3PP.MEM 6/16/93 vgw 72 a copy of which has been provided to Developer. Concurrently, with executing this Agreement, the 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. The Developer understands that said Agreement may recluire 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, the 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; orovided that the 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 68. A Transportation Demand Management program will be required. 69. All necessary onsite improvements shall be provided. Future proposed construction phasing, upon submittal, shall be reviewed to adequately mitigate circulation and drainage concerns to the satisfaction of the Department of Public Works. 70. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: San Diego Regional Water Quality 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 TV Franchise Caltrans Community Services District General Telephone Southern California Edison Company Southern California Gas Company Fish & Game Army Corps of Engineers 71. AIr 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. 72. Winchester Road, from Margarita Road to Murrieta Hot Springs Road, shall be fully improved within a 134 foot full width dedicated right-of-way as per the Assessment District 161 plans including a 14 foot wide raised median in accordance with City Standard No.100A. Additional right-of-way shall be dedicated to provide for the proposed deceleration lane at the right in driveway. These improvements are subject to Caltrans' approval. R:'xS\STAFFRPTx243PP. IvlBM 6/16/93 vgw 73 48. 49, 50. 51. 52. 53. 54. Southern California Gas Company Fish & Game 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. The Developer shall reimburse the City for the existing improvements along Margarita Road for the portion between Winchester Road to Solana Way, since these improvements mitigate the traffic requirements of the proposed development. These improvements were recently provided by the City's Capital Improvement Project. 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. Vehicular access shall be restricted on Winchester Road and Ynez Road and so noted on the final map with the exception of access as shown on the approved site plan or as approved by the Department of Public Works. A signing and striping plan shall be prepared a registered Civil Engineer and approved by the Department of Public Works for Winchester Road and Ynez Road shall be included in the street improvement plans. Plans for traffic signals shall be prepared by a registered Civil Engineer and approved by the Department of Public Works for the following intersections and shall be included in the street improvement plans; Southerly access to the project from Ynez Road Easterly access to the project from Winchester Road Upgrade the existing traffic signal at the northerly access to the project on Ynez Road aligned with Palm Plaza entrance Traffic signal interconnection shall be prepared by a registered Civil Engineer to show 2" rigid metal conduit with pull rope, and #5 pull boxes on 200-foot centers along Winchester Road, Margarita Road, and Ynez Road. This design shall be shown on the street improvement plans and must be approved by the Department of Public Works. R:\S~STAFFPdrI~243PP.MEM 6/16193 vgw 70 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. Prior to designing any of the above plans, contact the Department of Public Works for the design requirements. Bus bays and shelters shall be designed and approved at all existing and future bus stops as determined by the Department of Public Works. An agreement to secure the implementation of a Transportation Demand Management program shall be executed. Corner property line cut off shall be required per Riverside County Standard No. 805. Easements for sidewalks for public uses shall be dedicated to the City where sidewalks meander through private property. 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. OnTsite 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." 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 acre, 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 TV 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. R:\8\STAFFRP~3PP.MEM 6/16/93 v~v 71 PRIOR 38. 39. 40. TO THE ISSUANCE OF ENCROACHMENT PERMITS 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 or as otherwise approved by the Department of Public Works. Driveways shall conform to the applicable City Standard Nos. 207,207A, 208, and 401 (curb and sidewalk). Street lights shall be designed 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. Meandering concrete sidewalks and associated parkway improvements shall be designed and approved by the Planning Department and the Community Services District along Ynez and Winchester Roads in accordance with City Standard Nos. 400 and 401. Improvement plans shall extend 300 feet beyond the project boundaries 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. Public street improvement plans shall include plan profiles showing existing topography and utilities, and proposed centerline, top of curb and flowline grades as directed by the Department of Public Works. 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. m All concentrated drainage from the site shall be directed to an underground storm drain system. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be undergrounded, 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. 41. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. R:\SXSTAFFR?T~43PP.MEM 6/16/93 vgw 58 42. 43. PRIOR 44, 45. 46. 47. All conditions of the grading permit and encroachment permit shall be complied with to the satisfaction of the Public Works Department. 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. TO RECORDATION OF FINAL MAP Apricot Road shall be vacated on the final Map. Any delinquent property taxes shall be paid. 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, signing, traffic signals 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. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: San Diego Regional Water Quality 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 TV Franchise Caltrans Community Services District General Telephone Southern California Edison Company R:\S\STAF~3PP,MEM 6/16/93 vgw 69 25. 26. 27. 28. 29. 30. 31. 32. · Southern California Gas Company A Soils Report prepared by a registered Soils Engineer shall be submitted to 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. A Geological Report shall be prepared by a qualified engineer or geologist and submitted to the Department of Public Works with the initial grading plans. The report shall address special study zones and the geological conditions of the site, and shall provide recommendations to mitigate the impact of ground shaking and liquefaction. 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 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. 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. 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 permits. 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. A 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 approved storm drain facilities as directed by the Department of Public Works. Onsite runoff shall be conveyed into the public right-of-way to the extent practicable. Adequate provision shall be made for the acceptance and disposal of surface drainage entering the property from adjacent areas. C. Identify and mitigate i~npacts 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. R:~S\STAFFP, PT~243PP.lVlP~I 6/16/93 vgw 66 33. 34. 35. 36. 37. The existing drainage facilities for conveyance and mitigation of the runoff cannot exceed 1900 cfs. Additional drainage facilities shall be provided to mitigate any additional runoff due to this development; ie. construction of the retention basin as proposed by the Campos Vetdes Specific Plan. Private roads and Precise Grading Plans MUST be designed, reviewed, and approved by the Department of Public Works to meet City Public Road Standards or otherwise approved by the Department of Public Works. This should include but may not be limited to: A. Minimum paved road widths shall be 32 feet. B. Knuckles being required at 90° 'bends' in the road. C. Separation between on-site intersections shall meet current City Standards. D. Minimum safe horizontal centerline radii shall be required. 90° parking immediately adjacent to the private streets shall be located a minimum safe distance from intersections. At entrances to project, identify configuration, stacking distance, and turn- around ability for review and approval by the Fire Department and the Department of Public Works. G. All intersections shall be perpendicular (90°). H. Concrete sidewalks shall be provided per City Standards as required. 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 XI 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. 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 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. An Encroachment Permit shall be required from Caltrans for any work within their right- of-way. R:XS'xSTAFFRJsT~43PP.IvlEM 6/16/93 vgw 67 (5) This project is within a Subsidence Zone. D. A copy of the Recorded Easement Agreements (REA's) (1) REA's shall be reviewed and approved by the Planning Director. The REA's shall include liability insurance and methods of maintaining parking areas, private roads, exterior of all buildings and all landscaped and open areas including parkways. The REA shall provide for shared parking, shared ingress and egress, and master drainage and flood control. (2) 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 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 REA'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 REA'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. (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. 13. 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 BUILDING PERMITS 14. 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 15. 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. R:\S~STAF~3PP.M~M 6/16/93 vgw 64 16. 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. DEPARTMENT OF PUBLIC WORKS GENERAL REQUIREMENTS 17. 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. 18. A Grading Permit for either rough or precise (including all on-site 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. 19. 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. 20. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. 21. 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 22. The final grading plan shall be prepared by a Registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. 23. 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 or the project is shown to be exempt. 24. The Developer shall receive written clearance from the following agencies: San Diego Regional Water Quality Riverside County Flood Control and Water Conservation District Planning Department Department of Public Works Riverside County Health Department Caltrans Community Services District General Telephone Southern California Edison Company R:~S~STAFFRPT~243pP.MEM 6/16/93 vgw 65 CITY OF TEMECULA CONDITIONS OF APPROVAL Tentative Parcel Map No.: 27323, Amendment No. 4 Project Description: A 13 parcel commercial subdivision with two remainder parcels of 58.1 acres at the southeast corner Ynez and Winchester Roads. Assessor's Parcel No{s): 910-130-046, 047 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. The subdivider shall defend, indemnify, and hold harmless the City of Temecula, its 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. 27323, Amendment No. 4, 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 defence. 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 Dhasine elan 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. 263. The project and all subsequent projects within this site shall comply with all mitigation measures identified within EIR No. 340 and the Mitigation Monitoring Program approved for EIR No. 340. The developer shall be responsible for the maintenance of all landscaped areas within the site and within the right-of-way for Ynez Road and Winchester Road. R:XS\STAFFRFI~243PP.MF~M 6/16/93 vgw 62 PRIOR TO ISSUANCE OF GRADING PERMITS 7. A copy of the Rough Grading plans shall be submitted and approved by the Planning Director. 8. 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. 9. A qualified vertebrate paleontologist shall resurvey the site and develop a Paleontologic Resource Impact Mitigation Monitoring Program prior to issuance of grading permits. The qualified Paleontologist shall be retained to perform periodic inspections of excavations and, if necessary, salvage exposed fossils. The frequency of inspections will depend on the rate of excavation, the materials being excavated, and the abundance of fossils. The Program shall be consistent with the Mitigation Monitoring Program for EIR No. 340. 10. A soil sampling and chemical analysis program shall be completed to determine if near surface soil contains hazardous substances in excess of EPA limits. In the event that any hazardous materials are found on-site, qualified authorities shall be immediately contacted to determine the proper disposal of the hazardous materials. 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 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) Environmental Impact Report (EIR) No. 340 was prepared for this project and is on file at the City of Temecula Planning Department. (3) This project is within a 100 year flood hazard zone. (4) This project is within a liquefaction hazard zone. R:\S~STAFFRPT~243PP,MEM 6/16/93 v~w 63 ATTACHMENT NO. 7 MITIGATION MONITORING PROGRAM R:\SXSTAFFRFI~243Pp. MEM 6/16/93 vgw 77 June 11, 1993 ALHAMBRA GROUP Landscape ArchitBcturB lic, #1569 Iic. #2017 City of Temecula 43714 Business park Drive Temecula, CA 92590 Attn: Debbie Ubnoske, Senior Planner Matthew Fagan, Assistant Planner RE: P.P. NO#. 243, Amendment #4 Job #93-008 Dear Debbie and M~tthew: The following is a summary of tree selections for the above referenced project per your request. All trees selected are hardy and will adapt well to the Temecula climate. 1) Deciduous Canopy Trees All of the selections are fast growing and hardy for the area. They will provide shade for the parking area and a visual buffer between the street and the store fronts. Another choice for this category is Alnus rhombifolia / White Alder. 2) Evergreen Canopy Trees We substituted Quercus virginiana / Southern Live Oak for Quercus ilex / Holly Oak. The Southern Live Oak is a faster growing tree. We also added Ulmus parvifolia 'True Green' / True Green Chinese Elm. This tree is a very fast grower but may be briefly deciduous. w~ of these trees will provide an evergreen screen and help provide a visual promenade through either side of the drive isles. 3) Parkway Flowering Tree The Crepe ~yrtle trees were selected for three reasons. First, on Winchester Road Caltrans has a requirement that only small trees be planted within 30' of the drive isle. Second, this tree is already planted across the street on Ynez Road and planting this tree will help unify the streetscape. Third, the Crepe myrtle is a summer flowering %ree that is drought tolerant. We recommend all Crepe myrtles be planted as 24" box size and alternate planting Rhus lancea / African Sumac to allow a deciduous and evergreen combination for the foreground tree planting. 27412 Enterprise Circle West, Suite 200. Ternecula, CA 92590 [714] 676-0226 FAX F714] 6S4-1587 All other trees were selected to maintain continuity with adjacent established landscapes and to provide a variety of textures, colors and sizes of planting throughout the project. We hope this clarifies any questions regarding this matter. If you have any further questions, please feel free to contact our office @ (909) 676-0226. Sincerely, Vincent Di Don to a Landscape Architect #2017 VD/rv cc: Darice Roesner @ K.R.D.C.