HomeMy WebLinkAbout17-61 CC ResolutionRESOLUTION NO. 17-61
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING TENTATIVE TRACT MAP 37021
TO DIVIDE THREE EXISTING PARCELS TOTALING 22.73
ACRES INTO TWO LOTS (WITH THREE LETTERED LOTS)
TO ALLOW FOR A RESIDENTIAL DEVELOPMENT ON
THE NORTHEAST CORNER OF PECHANGA PARKWAY
AND LOMA LINDA ROAD (APNS 961-450-003,
961-450-012, 961-450-013) (PA15-1893)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. Procedural Findings. The City Council of the City of Temecula does
hereby find, determine and declare that:
A. On December 21, 2015, John Fitzpatrick filed Planning Application Nos.
PA15-1894, a General Plan Amendment; PA15-1895, a Zone Change/Planned
Development Overlay; PA15-1893, a Tentative Tract Map; and PA15-1892 a
Development Plan. These applications (collectively "Project') were filed in a manner in
accord with the City of Temecula General Plan and Development Code.
B. The Project was processed including, but not limited to, a public notice, in
the time and manner prescribed by State and local law, including the California
Environmental Quality Act.
C. An Environmental Impact Report (EIR), Mitigation Monitoring and Reporting
Program, and Statement of Overriding Considerations were prepared for the Project in
accordance with the California Environmental Quality Act and the California
Environmental Quality Act Guidelines ("CEQA"). Thereafter, City staff circulated a Notice
of Completion indicating the public comment period and intent to adopt the EIR as
required by law. The public comment period commenced via the State Clearing House
from March 2, 2017 through April 17, 2017. A Notice of Availability was also sent to
adjacent property owners indicating a review period of March 2, 2017 through April 17,
2017. Copies of the documents have been available for public review and inspection at
the offices of the Community Development Department, located at City Hall, 41000 Main
Street, Temecula, California 92590; the Ronald H. Roberts Temecula Public Library
located at 30600 Pauba Road; Temecula Grace Mellman Community Library located
41000 County Center Drive; and the City of Temecula website.
D. On August 2, 2017, the Planning Commission considered the Final
Environmental Impact Report ("EIR"), Planning Application Nos. PA15-1894, a General
Plan Amendment; PA15-1895, a Zone Change/Planned Development Overlay; PA15-
' 1893, a Tentative Tract Map; and PA15-1892, a Development Plan at a duly noticed
public hearing as prescribed by law, at which time the City staff and interested persons
had an opportunity to, and did testify either in support of or opposition to this matter.
Resos 17-61
E. Following consideration of the entire record of information received at the
' public hearing, the Planning Commission adopted Resolution No. 17-24, "A
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA
RECOMMENDING THAT THE CITY COUNCIL CERTIFY THE ENVIRONMENTAL
IMPACT REPORT, ADOPT ENVIRONMENTAL FINDINGS PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPT A STATEMENT OF
OVERRIDING CONSIDERATIONS, AND ADOPT A MITIGATION MONITORING AND
REPORTING PROGRAM FOR THE CYPRESS RIDGE PROJECT, CONSISTING OF
APPROXIMATELY 22.73 ACRES GENERALLY LOCATED ON THE NORTHEAST
CORNER OF PECHANGA PARKWAY AND LOMA LINDA ROAD (APNS: 961-450-003,
961-450-012, 961-450-013)."
F. Following consideration of the entire record of information received at the
public hearings and due consideration of the proposed Project, the Planning Commission
adopted Resolution No. 17-27, "A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A
RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING TENTATIVE TRACT MAP 37021 TO DIVIDE THREE
EXISTING PARCELS TOTALING 22.73 ACRES INTO TWO LOTS (WITH THREE
LETTERED LOTS) TO ALLOW FOR A RESIDENTIAL DEVELOPMENT ON THE
NORTHEAST CORNER OF PECHANGA PARKWAY AND LOMA LINDA ROAD (APNS:
961-450-003, 961-450-012, 961-450-013) (PA15-1893).""
t G. On July 11, 2017, the City Council of the City of Temecula considered the
Project and the EIR, Mitigation Monitoring and Reporting Program, and Statement of
Overriding Considerations, at a duly noticed public hearing at which time all interested
persons had an opportunity to and did testify either in support or in opposition to this
matter. The City Council considered all the testimony and any comments received
regarding the Project and the Final EIR, Mitigation Monitoring and Reporting Program,
and Statement of Overriding Considerations prior to and at the public hearing.
H. Following the public hearing, the City Council adopted Resolution No.
17-59 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT, ADOPTING
FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT,
ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A
MITIGATION MONITORING AND REPORTING PROGRAM FOR THE Cypress Ridge
PROJECT, CONSISTING OF APPROXIMATELY 22.73 ACRES, GENERALLY
LOCATED ON THE NORTHEAST CORNER OF PECHANGA PARKWAY AND LOMA
LINDA ROAD (APNS: 961-450-003,961-450-012,961-450-013)." Resolution No. 17-59
and the findings therein are hereby incorporated by this reference as set forth in full.
I. All legal preconditions to the adoption of this Resolution have occurred.
' Section 2. The City Council in approving the Tentative Parcel Map hereby
makes the following findings as required by Temecula Municipal Code Section 16.09.140:
Resos 17-61 2
A. The proposed subdivision and the design and improvements of the
' subdivision are consistent with the Development Code, General Plan, any applicable
Specific Plan and the City of Temecula Municipal Code.
As designed and conditioned, the proposed map is consistent with the Subdivision
Ordinance, Temecula General Plan, and the City of Temecula Municipal Code. This is
because it is consistent with size, setbacks, parking, water quality and other applicable
standards.
B. The Tentative Map does not propose to divide land which is subject to a
contract entered into pursuant to the California Land Conservation Act of 1965, or the
land is subject to a Land Conservation Act contract but the resulting parcels following
division of the land will not be too small to sustain their agricultural use.
The land identified in the proposed map is not subject to the California Land
Conservation Act of 1965 or Williamson Land Act. In addition, the land has not been used
for agriculture in the recent past.
C. The site is physically suitable for the type and proposed density of
development proposed by the Tentative Map.
The proposed map subdivides 22.73 acres to allow for residential uses. The
' proposed Tentative Tract Map design is consistent with the Temecula General Plan and
the development standards for the Planned Development Overlay 15 zoning designation.
This land is currently vacant and will accommodate the medium residential project as
proposed.
D. An environmental impact report has been prepared and a finding has been
made, pursuant to Public Resources Code Section 21081(a) (3), finding that specific
economic, social, or other considerations make infeasible mitigation measures or project
alternatives identified in the environmental impact report.
The project consists of a Tentative Tract Map on vacant property. An
Environmental Impact Report (EIR) has been prepared for the project. Two
impacts have been determined to remain significant and unavoidable after all
mitigation has been taken into account (Traffic, Temporary Construction Noise). A
Statement of Overriding Considerations has been prepared for the project.
E. The design of the subdivision and the type of improvements are not likely
to cause serious public health problems.
The project has been reviewed and conditioned by the Fire, Public Works,
Planning, and Building and Safety Departments. As a result, the project is consistent or
has been conditioned to be consistent with Fire and Building Codes and the City's General
I
Plan and Municipal Code which contain provisions to protect the health, safety, and
welfare of the public.
Resos 17-61 3
F. The design of the subdivision provides for future passive or natural heating
or cooling opportunities in the subdivision to the extent feasible.
The design of the subdivision provides for future passive or natural heating or cooling
opportunities to the extent feasible. All development must meet all appropriate Building
and Fire Code requirements as they relate to passive or natural heating or cooling
opportunities.
G. The design of the subdivision and the type of improvements will not conflict
with easements acquired by the public at large for access through or use of property
within the proposed subdivision, or the design of the alternate easements which are
substantially equivalent to those previously acquired by the public will be provided.
All acquired rights-of-way and easements have been provided on the Tentative Map. The
City has reviewed these easements and has found no potential conflicts.
H. The subdivision is consistent with the City's parkland dedication
requirements (Quimby Act).
The project involves the construction of a residential development. The project will meet
all Quimby requirements through the provision of park improvements and payment of
Quimby fees.
Section 3. Conditions of Approval. The City Council of the City of Temecula hereby
approves Planning Application No. PAI 5-1893, Tentative Tract Map 37021 to divide three
existing parcels totaling 22.73 acres into two lots (with three lettered lots) to allow for a
residential development on the northeast corner of Pechanga Parkway and Loma Linda
Road (APNs 961-450-003, 961-450-012, 961-450-013), subject to the Conditions of
Approval set forth on Exhibit A, attached hereto, and incorporated herein by this
reference.
Section 4. Effective Date. This Resolution shall take effect upon the effective
date of Ordinance No. 17-06 "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA ZONING CODE TO ADD A
NEW ARTICLE XVI (CYPRESS RIDGE PLANNED DEVELOPMENT OVERLAY
DISTRICT 15) TO CHAPTER 17.22 (PLANNED DEVELOPMENT OVERLAY ZONING
DISTRICT) ON A 22.73 ACRE SITE GENERALLY LOCATED ON THE NORTHEAST
CORNER OF PECHANGA PARKWAY AND LOMA LINDA ROAD (APNS: 961-450-003,
961-450-012, 961-450-013) AND AMENDING THE TEMECULA ZONING MAP
(PA15-1895)."
Section 5. Notice of Adoption. The City Clerk shall certify to the adoption of this
Resolution and it shall become effective upon its adoption.
Resos 17-61
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
' Temecula this 5"' day of September, 2017.
aryann Edwards, Mayor
ATTEST:
Randi Jo , Clerk
[SEAL]
Resos 17-61
STATE OF CALIFORNIA )
' COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the
foregoing Resolution No. 17-61 was duly and regularly adopted by the City Council of the
City of Temecula at a meeting thereof held on the 51h day of September, 2017, by the
following vote:
AYES: 3 COUNCIL MEMBERS
Naggar, Rahn, Edwards
NOES: 1 COUNCIL MEMBERS: Stewart
ABSTAIN: 0 COUNCIL MEMBERS: None
ABSENT:
IMilil1141Is]
Resos 17-61 6
Comerchero
Randi Johl, City Clerk
EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
Planning Application No.: PA15-1893
Project Description: Cypress Ridge Tentative Tract Map: A Tentative Tract Map to allow for the
creation of two lots that will be used for residential purposes. The project is
generally located on the northeast corner of Pechanga Parkway and Loma
Linda Road.
Assessor's Parcel No.:
MSHCP Category:
DIF Category:
TUMF Category:
Quimby Category:
New Street In -lieu of Fee:
Approval Date:
Expiration Date:
PLANNING DIVISION
961-450-012
961-450-013
961-450-003
Between 8.1 and 14.0 Du
Residential-Attached/Residential Detached
Residential -Multi -Family
Multi -Family Attached (5 or More Units)/Multi-Family Attached (2-4
Units)/Single Family (Attached Garage)
Not Located in the Uptown Jefferson Specific Plan
September 5, 2017
September 5, 2020
Within 48 Hours of the Approval
Filing Notice of Determination. The applicant/developer shall deliver to the Planning Division
a cashier's check or money order made payable to the County Clerk in the amount of Three
Thousand One Hundred and Twenty-eight Dollars and Zero Cents ($3,128.00) which includes
the Three Thousand and Seventy-eight Dollars and Zero Cents ($3,078.00) fee, required by
Fish and Wildlife Code Section 711.4(d)(3) plus the Fifty Dollars ($50.00) County administrative
fee, to enable the City to file the Notice of Determination for the Environmental Impact Report
required under Public Resources Code Section 21152 and California Code of Regulations
Section 15904. If within said 48-hour period the applicant/developer has not delivered to the
Planning Division the check as required above, the approval for the project granted shall be
void by reason of failure of condition (Fish and Wildlife Code Section 711.4(c)).
General Requirements
2. Indemnification of the Citv. The applicant and owner of the real property subject to this
' condition shall hereby agree to indemnify, protect, hold harmless, and defend the City and its
attorneys from any and all claims, actions, awards, judgments, or proceedings against the City
to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any
action in furtherance of and the approval of the City, or any agency or instrumentality thereof,
advisory agency, appeal board or legislative body including actions approved by the voters of
the City, concerning the Planning Application. The City shall be deemed for purposes of this
condition, to include any agency or instrumentality thereof, or any of its elected or appointed
officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall
promptly notify both the applicant and landowner of any claim, action, or proceeding to which
this condition is applicable and shall further cooperate fully in the defense of the action. The
City reserves the right to take any and all action the City deems to be in the best interest of the
City and its citizens in regards to such defense.
3. Expiration. This approval shall be used within three years of the approval date; otherwise, it
shall become null and void. Use means the beginning of substantial construction contemplated
by this approval within the three-year period, which is thereafter diligently pursued to
completion, or the beginning of substantial utilization contemplated by this approval, or use of
a property in conformance with a Conditional Use Permit.
4. Time Extension. The Director of Community Development may, upon an application being filed
prior to expiration, and for good cause, grant up to five extensions of time, one year at a time.
5. Compliance with EIR. The project and all subsequent projects within this site shall comply with
' all mitigation measures identified within EIR No. 2016051073.
6. Conformance with Aoproved Plans. The development of the premises shall substantially
conform to the approved site plan and elevations contained on file with the Planning Division.
7. Modifications or Revisions. The permittee shall obtain City approval for any modifications or
revisions to the approval of this project.
8. Reciprocal Use Agreement. Parking for the project shall be shared across the site, including
parking spaces in all lots that are a part of the project. If the project involves multiple lots, the
applicant shall submit to the Planning Division a copy of a recorded Reciprocal Use Agreement,
which provides for cross -lot access and parking across all lots.
9. Subdivision Mao Act. 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. An Extension of Time may be approved in accordance with the State
Map Act and City Ordinance, upon written request, if made 60 days prior to the expiration date.
10. Public Art Ordinance. The applicant shall comply with the requirements of the City's Public Art
Ordinance as defined in Section 5.08 of the Temecula Municipal Code.
11. Property Maintenance. All parkways, including within the right-of-way, entryway median,
landscaping, walls, fencing, recreational facilities, and on-site lighting shall be maintained by
' the property owner or maintenance association.
12. Class I Multi -Use Trails. Class I multi -use trails shall be provided as per the City of Temecula's
Multi -Use Trails and Bikeways Master Plan. The construction plans for the Class 1 trails shall
be included on the perimeter landscape plans and constructed in concurrence with the
installation of the landscaping.
13. Fiscal Impact Analysis Compliance. Any development within Planned Development Overlay
15 will be required to address impacts to the City's budget as a result of the increased costs to
the City of providing public safety and other municipal services to the Project area substantially
exceeding the municipal revenue generated from the Project ("City Services Deficit"). The City
has received a Fiscal Impact Analysis, dated as of July, 2017 ("FIA"), documenting the City
Services Deficit. The owners of the property within the Project, and their successors in interest,
shall pay the City the sum of four hundred thirty-nine dollars ($439) per residential dwelling unit
within the Project each year as mitigation for the City Services Deficit. Owner and its
successors to the property within the Project may fulfill this obligation through a community
facilities district established by the City pursuant to the Mello -Roos Community Facilities District
Act of 1982, Government Code Section 53311, et seq., or other appropriated financing
mechanism approved by the City; provided, however, the obligation of each owner and their
successors to pay the City Services Deficit payment under this obligation remains an obligation
of the owner and its successors regardless of the financing mechanism used to pay it and
regardless of whether there is a financing mechanism to pay it.
Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit
14. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with
prior to occupancy or any use allowed by this permit.
Prior to Recordation of the Final Map
15. Final Map. A copy of the Final Map shall be submitted to, and approved by, the Planning
Division.
' 16. Quimby Requirements. The developer shall satisfy the City's parkland dedication (Quimby)
requirement through the payment of in -lieu fees equivalent to 3.07 acres of parkland, based
upon the City's then current land evaluation. Said requirement includes a 10.69% credit for
private recreational opportunities provided.
17. Environmental Constraint Sheet. A copy of the Environmental Constraint Sheet (ECS) shall be
submitted to, and approved by, the Planning Division with the following notes:
a. This property is located within 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.
b. Environmental Impact Report (EIR) No. 2016051073 was prepared for this project and is on
file at the City of Temecula Planning Division.
c. This project is within a 100 -year Flood Hazard Zone.
d. This project is within a Liquefaction Hazard Zone.
18. Submittal of CC&Rs. A copy of the Covenants, Conditions, and Restrictions (CC&Rs) shall be
submitted and approved by the Director of Community Development. The CC&Rs shall include
liability insurance and methods of maintaining open space, recreation areas, parking areas,
private roads, exterior of all buildings, and all landscaped and open areas, including parkways.
Applicants shall provide a deposit in the amount of $3,750 for the review of new CC&Rs.
Amended CC&Rs will require a deposit of $2,000. The applicant shall be responsible for all
costs incurred during the review of the CC&Rs and additional fees may be required during the
course of the review.
' 19. Form and Content of CC&Rs. The CC&Rs shall be in the form and content approved by the
Director of Community Development, City Engineer, and the City Attorney, and shall include
such provisions as are required by this approval and as said officials deem necessary to protect
the interests of the City and its residents.
20. Preparation of CC&Rs. The CC&Rs shall be prepared at the developer's sole cost and
' expense.
21. Review of CC&Rs. The CC&Rs and Articles of Incorporation of the Property Owners
Association are subject to the approval of the Director of Community Development, Public
Works Director, and the City Attorney.
22. CC&Rs and Management/Maintenance of Common Areas. The CC&Rs shall provide for the
effective establishment, operation, management, use, repair, and maintenance of all common
areas, drainage facilities, and pollution prevention devices outlined in the project's Water Quality
Management Plan.
23. CC&Rs and Public Nuisance. The CC&Rs shall provide that the property shall be developed,
operated, and maintained so as not to create a public nuisance.
24. Termination of CC&Rs. The CC&Rs shall provide that the association may not be terminated
without prior City approval.
25. CC&Rs and Maintenance of Property. The CC&Rs shall provide that if the property is not
maintained in the condition required by the CC&Rs, 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&Rs 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.
26. Interest in Association. Every owner of a suite or lot governed by CC&Rs shall own as an
appurtenance to such suite 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.
27. Maintenance of Open Areas. All open areas and landscaping governed by CC&R shall be
permanently maintained by the association or other means acceptable to the City. Such proof
of this maintenance shall be submitted to the Planning Divisions and Public Works Department
prior to the issuance of building permits.
28. Reciprocal Easements. Reciprocal access easements and maintenance agreements ensuring
access to all parcels and joint maintenance of all roads, drives, parking areas, drainage facilities,
and water quality features, shall be provided by the CC&Rs or by deeds and shall be recorded
concurrent with the map or prior to the issuance of building permit where no map is involved.
29. Consent of City of Temecula. An Article must be added to every set of CC&Rs, following the
' Declarant's signature, to read as follows:
CONSENT OF CITY OF TEMECULA
The Conditions of Approval for Tentative Tract Map No. (#37021) require the City of Temecula
to review and approve the CC&Rs for the Parcel. The City's review of these CC&Rs has been
limited to a determination of whether the proposed CC&Rs properly implement the requirements
of the Conditions of Approval for the Parcel. The City's consent to these CC&Rs does not
contain or imply any approval of the appropriateness or legality of the other provisions of the
CC&Rs, including, without limitation, the use restrictions, private easements and
encroachments, private maintenance requirements, architecture and landscape controls,
assessments, enforcement of assessments, resolutions of disputes or procedural matters.
Subject to the limitations set forth herein, the City consents to the CC&Rs.
Luke Watson
Director
Community Development
Approved as to Form:
Peter M. Thorson
City Attorney
' 30. Consent of City of Temecula. An Article must be added to every set of CC&Rs to read as
follows:
Article
CONSENT OF CITY OF TEMECULA
_1. The Conditions of Approval of Tentative Tract Map Number requires the City to
review and approve the CC&Rs for the Parcel.
_2. Declarant acknowledges that the City has reviewed these CC&Rs and that its review
is limited to a determination of whether the proposed CC&Rs properly implement the
requirements of the Conditions of Approval for the Parcel. The City's consent to these CC&Rs
does not contain or imply any approval of the appropriateness or legality of the other provisions
of the CC&Rs, including, without limitation, the use restrictions, private easements and
encroachments, private maintenance requirements, architecture and landscape controls,
assessment procedures, assessment enforcement, resolution of disputes or procedural
matters.
3. In the event of a conflict between the Conditions of Approval of the land use
entitlements issued by the City for the Parcel or Federal, State, or local laws, ordinances, and
regulations and these CC&Rs, the provisions of the Conditions of Approval and Federal, State
or local laws, ordinances, and regulations shall prevail, notwithstanding the language of the
CC&Rs.
4. These CC&Rs shall not be terminated, amended or otherwise modified without the
express written consent of the Director of Community Development of the City of Temecula.
31. Operation of Association. No lot or suite in the development shall be sold unless a corporation,
' association, property owners group or similar entity has been formed with the right to assess all
properties individually owned or jointly owned which have any rights or interest in the use of the
common areas and common facilities in the development, such assessment power to be
sufficient to meet the expenses of such entity, and with authority to control, and the duty to
maintain, all of said mutually available features of the development. Such entity shall operate
under recorded CC&Rs, which shall include compulsory membership of all owners of lots and/or
suites and flexibility of assessments to meet changing costs of maintenance, repairs, and
services. Recorded CC&Rs 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.
32. Recordation of CC&Rs. CC&Rs shall be finalized and recorded at the time of Final Map
PUBLIC WORKS DEPARTMENT
General Requirements
37. Subdivision Map. The developer shall submit a complete Final Map submittal for review and
approval. Any omission to the representation of the site conditions may require the plans to be
resubmitted for further review and revision.
38. Grading Permit. A grading permit for rough and/or precise grading shall be obtained from
Public Works prior to commencement of any construction within private property. Grading shall
be in accordance with the approved grading plan, grading permit conditions and City
codes/standards.
39. Encroachment Permits. Prior to commencement of any applicable construction, encroachment
permit(s) are required and shall be obtained from Public Works for public offsite improvements.
40. PW -005: Improvement Plans. The developer shall submit improvement plans (to include
public/private street plans, storm drain plans, signage and striping plans, etc.) as required for
' review and approval by Public Works. The designs shall be in compliance with Caltrans,
Riverside County Flood Control and Water Conservation District and City codes/standards.
Recordation.
33.
Copies of CC&Rs. Three copies of the final recorded CC&Rs shall be provided to the Planning
Division.
34.
Public Access Easement. A public access easement shall be provided, on the final map, for
the Class I trail located along Pechanga Parkway.
35.
General. The CC&Rs shall contain a provision requiring the developer, developer's successor
or assignee, or HOA to maintain the landscaping along Temecula Parkway and former concrete
drainage.
36.
General. The CC&Rs shall contain a provision requiring that the Declarant agree and consent
'
that the HOA is authorized to perform yearly inspections of garages to ensure at least two cars
can be parked inside and requiring the HOA to perform yearly inspections of the garages,
subject to reasonable notice. The CC&Rs shall also include a provision stating that parking
garages cannot be used for storage in a manner that precludes the parking of vehicles in the
garage.
PUBLIC WORKS DEPARTMENT
General Requirements
37. Subdivision Map. The developer shall submit a complete Final Map submittal for review and
approval. Any omission to the representation of the site conditions may require the plans to be
resubmitted for further review and revision.
38. Grading Permit. A grading permit for rough and/or precise grading shall be obtained from
Public Works prior to commencement of any construction within private property. Grading shall
be in accordance with the approved grading plan, grading permit conditions and City
codes/standards.
39. Encroachment Permits. Prior to commencement of any applicable construction, encroachment
permit(s) are required and shall be obtained from Public Works for public offsite improvements.
40. PW -005: Improvement Plans. The developer shall submit improvement plans (to include
public/private street plans, storm drain plans, signage and striping plans, etc.) as required for
' review and approval by Public Works. The designs shall be in compliance with Caltrans,
Riverside County Flood Control and Water Conservation District and City codes/standards.
41. Private Drainage Facilities. All onsite drainage and water quality facilities shall be privately
maintained.
42. Perimeter improvements. All perimeter landscaping and D.G. trail shall be privately
maintained.
Prior to Recordation of the Final Map
43. Land Exchange. The Developer shall process the required documents to affect the proposed
sale of Lot 87 of Tract Map No. 21067 (APN 961-450-003) from the City to the Developer,
including costs of the appraisal and staff/legal review.
44. Drainage Easement. The Developer shall provide a drainage easement at the southwest
corner of the property to accommodate the storm drain facility as shown on the City of Temecula
Capital Improvement Project No. PW99-11.
45. Plans. Agreements & Securities. The developer shall have approved improvement plans,
executed subdivision improvement agreements and posted securities.
46. RRi ht-of-Wav Dedications. All easements and/or right-of-way dedications shall be offered for
dedication to the public or other appropriate agency and shall continue in force until the City
accepts or abandons such offers. All dedications shall be free from all encumbrances as
approved by Public Works.
47. Environmental Constraint Sheet (ECS). The developer shall prepare and record an ECS with
the Tract Map to delineate identified environmental concerns. The developer shall comply with
all constraints per the recorded ECS along with any underlying maps related to the property.
48. Reguired Clearances. As deemed necessary by Public Works, the developer shall receive
written clearance from the following agencies:
a. Riverside County Flood Control and Water Conservation District;
b. Rancho California Water District;
c. Eastern Municipal Water District,
d. Verizon;
e. Frontier;
f. Southern California Edison Company;
g. The Gas Company, or other affected agencies.
49. Right of Access. Relinquish and waive right of access to and from Pechanga Parkway on the
Tract Map with the no openings as delineated on the approved Tentative Tract Map.
50. Right of Access. Relinquish and waive right of access to and from Loma Linda Road on the
Tract Map with the exception of no openings as delineated on the approved Tentative Tract Map.
51. Right of Access. Relinquish and waive right of access to and from Temecula Lane on the Tract
Map with the exception of two openings as delineated on the approved Tentative Tract Map.
i
52. Easements. Note the following:
' a. Easements and access rights for meandering sidewalks for public use (through private
property) shall be dedicated to the City.
b. Easements (when required for roadway slopes, landscape, drainage facilities, utilities, etc.)
shall be shown on the Tract 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 Public
Works. Onsite drainage facilities located outside of road right-of-way shall be contained within
drainage easements and shown on the Tract Map. A note shall be added to the Tract Map
stating: "Drainage easements shall be kept free of buildings and obstructions."
53. Public Street Improvements and Securities. The developer shall design and guarantee
construction (i.e., posting of security and entering into agreements) of the following public
improvements to the City's General Plan standards unless otherwise noted. Plans shall be
approved by Public Works. All street improvement designs shall provide adequate right-of-way
and pavement transitions per Caltrans' standards to join existing street improvements.
a. Improve Pechanga Parkway (Urban Arterial Modified Standard No. 10013 — 134' R/W with a
18' wide parkway) to include dedication of half -width street right-of-way, installation of parkway
improvements to include a D.G. trail with a rail fence, and utilities (including but not limited to
water and sewer)
b. Improve Loma Linda Road (Modified Secondary Arterial (4 lanes undivided) Modified
Standard No. 102 — 88' R/W with a 16' wide parkway) to include dedication of half -width street
right-of-way, including removal of existing sidewalk, installation of meandering sidewalk,
drainage facilities, signing and striping and utilities (including but not limited to water and sewer).
c. Improve Loma Linda Road between Pechanga Parkway and Via Del Coronado to include
' slurry seal and modification to the existing striping to accommodate a buffered bike lane on both
sides of the street and on -street parking adjacent to the project site. The striping modification
shall include the removal of existing striping.
d. Improve Temecula Lane (Local Street) Standard No. 104 — 60' RNV) to include dedication
of half -width street, installation of half -width street improvements plus 12 feet, paving, curb and
gutter, sidewalk, streetlights, drainage facilities, signing and striping and utilities (including but
not limited to water and sewer) and removal of existing raised landscaped median.
e. Install a VCalm LED speed display sign for westbound traffic on Loma Linda Road east of
Temecula Lane.
f. Install an advance pedestrian crossing signs approximately 200 feet east and west of the
Temecula Lane intersection.
54. Parkway Landscaping. All parkway landscaping areas, including D.G. trail and fencing shall
be privately maintained.
55. Fair Share Contribution analysis. Prior to map recordation or any grading permit, whichever
comes first, the developer shall prepare and submit a cost analysis for its fair share contribution
'
for approval, per City requirements, for offsite improvements as identified in the Project's
Transportation Impact Analysis dated November 2016 (Appendix H of the EIR).
a. 1-15 SB Ramps & Temecula Parkway
i. Optimize the AM and PM peak hour traffic signal cycle lengths and splits within the
coordinated timing plan.
1. The project's fair share contribution towards this improvement is 100%.
b. 1-15 NB Ramps & Temecula Parkway
i. Optimize the AM and PM peak hour traffic signal cycle lengths and splits within the
coordinated timing plan.
ii. The project's fair share contribution towards this improvement is 100%.
iii. Loma Linda Road & Pechanga Parkway
iv. Optimize the AM and PM peak hour traffic signal cycle lengths and splits within the
coordinated timing plan. Since Pechanga Parkway operates an Adaptive Traffic Signal System,
the entire corridor will need to be optimized.
1. The project's fair share contribution towards this improvement is 100%.
c. 1-15 NB Ramps & Temecula Parkway
i. Optimize the AM and PM peak hour traffic signal cycle lengths and splits within the
coordinated timing plan.
1. The project's fair share contribution towards this improvement is 4%.
d. Loma Linda Road & Pechanga Parkway
i. Modify the southbound approach to add a right -turn overlap phase.
ii. Optimize the AM and PM peak hour traffic signal cycle lengths and splits within the
coordinated timing plan. Since Pechanga Parkway operates an Adaptive Traffic Signal System,
the entire corridor will need to be optimized.
1. The project's fair share contribution towards this improvement is 11%.
'
e. La Paz Road & Temecula Parkway
i. Optimize the AM and PM peak hour traffic signal cycle lengths and splits within the
coordinated timing plan. Since Temecula Parkway operates an Adaptive Traffic Signal System,
the entire corridor will need to be optimized.
ii. Modify the westbound approach to provide a right turn lane with 300 feet of storage.
1. The project's fair share contribution towards this improvement is 5%.
f. 1-15 NB Ramps & Temecula Parkway
i. Optimize the AM and PM peak hour traffic signal cycle lengths and splits within the
coordinated timing plan.
1. The project's fair share contribution towards this improvement is 3%.
g. Pechanga Parkway & Temecula Parkway
i. Modify the northbound approach to add one right -turn lane.
ii. Modify the eastbound approach to add one right -turn lane.
iii. Modify the westbound approach to add one left -turn lane.
iv. Optimize the AM and PM peak hour traffic signal cycle lengths and splits within the
coordinated timing plan. Since Temecula Parkway and Pechanga Parkway operates Adaptive
Traffic Signal Systems, both corridors will require optimization.
1. The project's fair share contribution towards this improvement is 4%.
h. Loma Linda Road & Pechanga Parkway
i. Modify the southbound approach to add a right -turn overlap phase.
ii. Optimize the AM and PM peak hour traffic signal cycle lengths and splits within the
coordinated timing plan. Since Pechanga Parkway operates an Adaptive Traffic Signal System,
the entire corridor will need to be optimized.
'
1. The project's fair share contribution towards this improvement is 14%.
i. La Paz Road & Temecula Parkway
i. Optimize the AM and PM peak hour traffic signal cycle lengths and splits within the
' coordinated timing plan. Since Temecula Parkway operates an Adaptive Traffic Signal System,
the entire corridor will need to be optimized.
ii. Modify the westbound approach to provide a right turn lane with 300 feet of storage.
1. The project's fair share contribution towards this improvement is 6%.
56. Underarounding Utility Systems. All utility systems including gas, electric, telephone, water,
sewer and cable TV shall be provided underground (with the required easements), and shall be
designed and constructed in accordance with City codes and utility provider's standards.
Telephone, cable TV and/or security systems shall be pre -wired in the residence. The
developer shall notify the City's cable TV franchisees of the Intent to Develop. Conduit shall
be installed to cable TV standards at time of street improvements.
57. Acquisition of Offsite Property. The developer shall make a good faith effort to acquire required
offsite property interests, and if he or she should fail to do so, the developer shall, prior to
submittal of the Tract Map for recordation, enter into an agreement to complete the
improvements pursuant to Subdivision Map Act, Sections 66462 and 66462.5. The agreement
shall provide for payment by the developer of all costs incurred by the City to acquire the offsite
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 developer's cost). The appraiser shall be approved by the City prior to
commencement of the appraisal.
58. Assessments. 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.
The developer shall submit an application for reapportionment of any assessments with the
' appropriate regulatory agency.
59. Property Taxes. Any delinquent property taxes shall be paid.
60. RCFC&WCD Approval. A permit from Riverside County Flood Control and Water Conservation
District shall be obtained for any work within its easement.
Prior to Issuance of a Grading Permit
61. Required Clearances. As deemed necessary by Public Works, the developer shall receive
written clearance from the following agencies:
a. San Diego Regional Water Quality Control Board;
b. Army Corps of Engineers;
c. California Department of Fish and Wildlife;
d. Riverside County Flood Control and Water Conservation District; or other affected agencies.
62. Grading/Erosion & Sediment Control Plan. The developer shall submit a grading/erosion &
sediment control plan(s) to be reviewed and approved by Public Works. All plans shall be
coordinated for consistency with adjacent projects and existing improvements contiguous to the
site. The approved plan shall include all final WQMP water quality facilities and all
construction -phase pollution -prevention controls to adequately address non -permitted runoff.
Refer to the City's Engineering & Construction Manual at:
www.TemeculaCA.gov/ECM
63. Erosion & Sediment Control Securities. The developer shall comply with the provisions of
' Chapter 24, Section 18.24.140 of the Temecula Municipal Code by posting security and entering
into an agreement to guarantee the erosion & sediment control improvements.
64. NPDES General Permit Compliance. The developer shall obtain project coverage under the
' State National Pollutant Discharge Elimination System (NPDES) General Permit for
Construction Activities and shall provide the following:
a. A copy of the Waste Discharge Identification number (WDID) issued by the State Water
Resources Control Board (SWRCB);
b. The project's Risk Level (RL) determination number; and
c. The name, contact information and certification number of the Qualified SWPPP Developer
(QSD).
Pursuant to the State Water Resources Control Board (SWRCB) requirements and City's storm
water ordinance, a Storm Water Pollution Prevention Plan (SWPPP) shall be generated and
submitted to the Board. Throughout the project duration, the SWPPP shall be routinely
updated and readily available (onsite) to the State and City. Review
www.cabmphandbooks.com for SWPPP guidelines. Refer to the following link:
http://www.wate rboards.ca.gov/water_issues/programs/stormwater/co nstruction. shtm I
65. Water Quality Management Plan (WQMP) and O&M Agreement. The developer shall submit
a final WQMP (prepared by a registered professional engineer) with the initial grading plan
submittal, based on the conceptual WQMP from the entitlement process. It must receive
acceptance by Public Works. A copy of the final project -specific WQMP must be kept onsite at
all times. In addition, a completed WQMP Operation and Maintenance (O&M) Agreement shall
be submitted for review and approval. Upon approval from City staff, the applicant shall record
the O&M agreement at the County Recorder's Office in Temecula. Refer to the WQMP template
and agreement link below:
www.TemeculaCA.gov/WQMP
' 66. Area Drainage Plan (ADPL Fee to RCFC&WCD. The developer shall demonstrate to the City
that the flood mitigation charge (ADP fee) has been paid to RCFC&WCD. If the full ADP fee has
already been credited to this property, no new charge will be required.
67. Drainage Study. A drainage study shall be prepared by a registered civil engineer and
submitted to Public Works with the initial grading plan check in accordance with City, Riverside
County and engineering standards. The study shall identify storm water runoff quantities (to
mitigate the 100 -year storm event) from the development of this site and upstream of the site.
It shall identify all existing or proposed offsite or onsite, public or private, drainage facilities
intended to discharge this runoff. Runoff shall be conveyed to an adequate outfall capable of
receiving the storm water runoff without damage to public or private property. The study shall
include a capacity analysis verifying the adequacy of all facilities. Any upgrading or upsizing
of drainage facilities necessary to convey the storm water runoff shall be provided as part of
development of this project.
68. Soils Report. A soils report, prepared by a registered soil or civil engineer, shall be submitted
to Public Works with the initial grading plan submittal. The report shall address the site's soil
conditions and provide recommendations for the construction of engineered structures and
preliminary pavement sections.
69. Geological Report. The developer shall complete any outstanding County geologist's
requirements, recommendations and/or proposed Conditions of Approval as identified during
entitlement.
70. Letter of Permission/Easement. The developer shall obtain documents (letters of permission
or easements) for any offsite work performed on adjoining properties. The document's format
' is as directed by, and shall be submitted to, Public Works for acceptance. The document
information shall be noted on the approved grading plan.
71. Habitat Conservation Fee. The developer shall comply with the provisions of Chapter 8.24 of
' the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in
the ordinance or by providing documented evidence that the fees have already been paid.
Prior to Issuance of Building Permit(s)
72. Final Mao. Prior to issuance of the first building permit, except for Model Homes, Tract Map
No. 37021 shall be approved and recorded.
73. Fair Share Contribution. Prior to the issuance of the first building permit, the developer shall
pay its fair share contribution, per City requirements, for offsite improvements as identified in
the Project's Transportation Impact Analysis dated November 2016 (Appendix H of the EIR)
74. Street Lights. The developer shall submit a completed SCE street light application, an
approved SCE Streetlight Plan and pay the advanced energy fees. If not obtaining a building
permit, this shall be done prior to installation of additional street lighting. All costs associated
with the relocation of any existing street lights shall be paid by the developer.
75. Precise Grading Plan. A precise grading plan shall be submitted to Public Works for review
and approval. The plan shall be in substantial conformance with the approved rough grading
plan; and shall show all lot drainage directed to the driveway by side yard drainage swales
independent of any other lot. 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.
' Prior to Issuance of a Certificate of Occupancy
76. Completion of Improvements. The developer shall complete all work per the approved plans
and Conditions of Approval to the satisfaction of the City Engineer. This includes all on site
work (including water quality facilities), public improvements and the executed WQMP
Operation and Maintenance agreement.
77. Letter of Map Revision. The Developer shall obtain a Letter of Map Revision (LOMR) from
Federal Emergency Management Agency (FEMA).
78. Signage. Prior to issuance on any Certificate of Occupancy, the developer shall:
a. Install a VCalm LED speed display sign for westbound traffic on Loma Linda Road east of
Temecula Lane and
b. Install an advance pedestrian crossing signs approximately 200 feet east and west of the
Temecula Lane intersection.
79. Utility Agency Clearances. The developer shall receive written clearance from applicable utility
agencies (i.e., Rancho California and Eastern Municipal Water Districts, etc.) for the completion
of their respective facilities and provide to Public Works.
80. Replacement of Damaged Improvements/Monuments. Any appurtenance damaged or broken
during development shall be repaired or removed and replaced to the satisfaction of Public
Works. Any survey monuments damaged or destroyed shall be reset per City Standards by a
qualified professional pursuant to the California Business and Professional Code Section 8771.
81. Certifications. All necessary certifications and clearances from engineers, utility companies
' and public agencies shall be submitted as required by Public Works.
FIRE PREVENTION
General Requirements
82. Life Safety Conditions. Final fire and life safety conditions will
plans are reviewed by the Fire Prevention Bureau. These
occupancy, use, the California Building Code (CBC), California
codes which are in force at the time of building plan submittal
be addressed when building
conditions will be based on
Fire Code (CFC), and related