HomeMy WebLinkAbout17-45 PC Resolution PC RESOLUTION NO. 17-45
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA RECOMMENDING THAT THE
CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THE ALTAIR SPECIFIC PLAN
#15 ON APPROXIMATELY 270 ACRES GENERALLY
LOCATED SOUTH AND WEST OF THE INTERSECTION
OF RIDGE PARK DRIVE AND VINCENT MORAGA; WEST
OF PUJOL STREET AND MURRIETA CREEK; AND
NORTH OF SANTA MARGARITA RIVER (APNS 922-210-
049, 940-310-013, 940-310-015, 940-310-016, 940-310-044
THROUGH 940-310-048, AND 940-320-001 THROUGH 940-
320-007"
Section 1. Procedural Findings. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On November 24, 2014, Rob Honer, representing Ambient Communities
filed Planning Application Nos. PA14-0158, a General Plan Amendment; PA14-0159, a
Specific Plan; PA14-0160, a Tentative Tract Map; and PA14-0161, a Development
Agreement. These applications (collectively "proposed Project") were filed in a manner in
accord with the City of Temecula General Plan and Development Code.
B. The proposed Project consists of a change in the General Plan designation
on the propose Project site from Industrial Park (IP), Open Space (OS), Medium Density
Residential (M), High Density Residential (H), and Hillside Residential (HR) to Specific
Plan Implementation (SPI) for the Altair Specific Plan. The Altair Specific Plan is a series
of standards and regulations that will govern all development in the proposed Project
area. These standards and regulations address land use standards, a form based code,
setbacks, building height, and parking requirements. Together, these regulations and
standards seek to ensure cohesiveness in the design and aesthetic appearance of the
proposed Project, and compatibility with the surrounding community. In addition to the
proposed General Plan Amendment and Specific Plan, the proposed Project also
includes a Tentative Tract Map and a Development Agreement.
C. The proposed 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.
D. An Environmental Impact Report(EIR), Mitigation Monitoring and Reporting
Program, and Statement of Overriding Considerations were prepared for the proposed
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 May 2, 2016 through June 17, 2016. The City published a Notice of Availability for
the Draft EIR in the San Diego Union Tribune, a newspaper of general circulation within
the City. A Notice of Availability was also sent to adjacent property owners indicating a
review period of May 2, 2016 through June 17, 2016. Copies of the documents have been
available for public review and inspection at the offices of the Department of Community
Development, 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.
E. On November 15, 2017, the Planning Commission considered the Final
Environmental Impact Report ("EIR"), Planning Application Nos. PA14-0158, a General
Plan Amendment; PA14-0159, a Specific Plan; PA14-0160, a Tentative Tract Map; and
PA14-0161, a Development Agreement, 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 in opposition to, this matter.
F. Following consideration of the entire record of information received at the
public hearing, the Planning Commission adopted Resolution No. 17-43,
"A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA
RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION 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 ALTAIR PROJECT, CONSISTING OF
APPROXIMATELY 270 ACRES GENERALLY LOCATED SOUTH AND WEST OF THE
INTERSECTION OF RIDGE PARK DRIVE AND VINCENT MORAGA; WEST OF PUJOL
STREET AND MURRIETA CREEK; AND NORTH OF SANTA MARGARITA RIVER
(APNS 922-210-049, 940-310-013, 940-310-015, 940-310-016, 940-310-044 THROUGH
940-310-048, AND 940-320-001 THROUGH 940-320-007)." Resolution No. 17-43 and
the findings therein are hereby incorporated by this reference as set forth in full.
G. All legal preconditions to the adoption of this Resolution have occurred.
Section 2. Further Findings. The Planning Commission, in recommending
approval of the Altair Specific Plan #15 No. PA14-0159, hereby finds, determines and
declares that:
A. The Specific Plan, which is incorporated herein by this reference, complies
with the requirements of California Government Code section 65451 based on, but not
limited to, the following:
(1) The Specific Plan contains diagrams and text which specify in detail the
distribution, location, and extent of the uses of land, including open space,
within the area covered by the Specific Plan (Sections 2, 3 and 8 of the
Specific Plan).
(2) The Specific Plan contains diagrams and text which specify in detail the
proposed distribution, location, and extent and intensity of major
components of public and private transportation, sewage, water, drainage,
solid waste disposal, energy, and other essential facilities proposed to be
located within the area covered by the Specific Plan and needed to support
the land uses described in the Specific Plan (Sections 4, 6 and 7 of the
Specific Plan).
(3) The Specific Plan contains diagrams and text which specify in detail the
standards and criteria by which development will proceed, and standards
for the conservation, development, and utilization of natural resources,
where applicable (Sections 3, 8, 9, and 10 of the Specific Plan).
(4) The Specific Plan contains a program of implementation measures
including regulations, programs, public works projects, and financing
measures necessary to carry out paragraphs (1), (2), and (3) above
(Sections 5 and 11 of the Specific Plan).
(5) The Specific Plan includes a statement of the relationship of the Specific
Plan to the General Plan (Section 2.6 of the Specific Plan).
B. Pursuant to Temecula Municipal Code Section 17.16.020(E), the City
Council in adopting the Specific Plan finds determines and declares that:
(1) The proposed specific plan is consistent with the general plan and
development code.
The Specific Plan is consistent with the City's General Plan, as amended.
The Specific Plan will allow for the construction of up to 1,750 new homes
for a range of household sizes, income, and demographics. The Land Use
Element identifies the objective for this area which is to "provide
complimentary land uses to Old Town that increase the vitality of the area;
to increase the range of the housing opportunities west of 1-15; and to
encourage sensitive site and building design given the topography of the
area." The Specific Plan is consistent with these objectives. The Specific
Plan provides a range of multifamily and detached housing types within
walking distance of Old Town that will result in a vibrant combination of uses
for the aggregate planning areas. The Specific Plan respects existing
topography and embraces existing scenic vistas as focal points for the
community. The Specific Plan satisfies two of the four implementation
measures listed in LU-22 of the Land Use Element Implementation
Program: "[p]roviding infill residential opportunities within the area and the
adjacent Westside Specific Plan to create a nighttime population for the
area," and "[I]ocating additional public and community facilities within and
surrounding the Old Town area."
The proposed Specific Plan is also consistent with Goal 2 of the Circulation
Element of the General Plan which is to create a "regional transportation
system that accommodates the safe and efficient movement of people and
goods to and from the community." A significant portion of the Western
Bypass Corridor project is accomplished in the Specific Plan, connecting
SR-79 (Temecula Parkway) to Rancho California Road via Vincent Moraga
Drive.
The proposed Specific Plan is consistent with Goal 1 of the Housing
Element which is to "provide a diversity of housing opportunities that satisfy
the physical, social, and economic needs of existing and future residents of
Temecula." Single-family detached houses represent 80% of the existing
housing stock in the City. The Specific Plan will create a mixture of housing
which is needed in the City. Among other policies in the Housing Element,
the Specific Plan implements Policy 1.2 of the Housing Element which is to
"[e]ncourage residential development that provides a range of housing
types in terms of cost, density and type, and provides the opportunity for
local residents to live and work in the same community by balancing jobs
and housing types." It also implements Policy 1.3 which is to "[r]equire a
mixture of diverse housing types and densities in new developments around
the village centers to enhance their people orientation and diversity." The
Specific Plan development is predominantly east of the Western Bypass,
preserving the western portion of the Specific Plan area as natural open
space, thus consistent with Policy 1.5 of the Housing Element which is to
"[e]ncourage the use of clustered development to preserve and enhance
important environmental resources and open space, consistent with
sustainability principles."
The Specific Plan will establish the design and development framework for
the proposed Project. The Specific Plan is consistent with the City's
development code, as amended by this Ordinance. As proposed and
conditioned, the Specific Plan will be consistent with the General Plan and
all applicable requirements of State Law and other Ordinances of the City.
Further findings of consistency with the General Plan can be found in
Section 2.6 of the Specific Plan, which is hereby incorporated by this
reference.
(2) The proposed specific plan would not be detrimental to the public interest,
health, safety, convenience or welfare of the city.
The City has engaged in extensive studies and review of the potential
impacts of the Specific Plan as well as the various potential benefits to the
City by the development of the Specific Plan and concluded that the Specific
Plan is in the best interests of, and is not detrimental to, the health, safety
and general welfare of the City. The proposed specific plan is located
directly adjacent to Old Town Temecula and its added residential population
base will support the commercial uses of Old Town. There are few housing
opportunities in Old Town currently, limiting the clientele of Old Town's
shops and restaurants to visitors who arrive primarily by car. Old Town
businesses are therefore dependent on tourism, which can fluctuate
dramatically. The proposed specific plan will provide up to 1,750 new
homes for a range of household sizes, income, and demographics.
The Specific Plan was reviewed and determined to be in conformance with
the City's General Plan, as amended. The General Plan sets the policies
and standards that protect the health, safety and welfare of the community.
In addition, the Specific Plan establishes specific building design guidelines
and standards that ensure compatibility and interface with the surrounding
community in terms of density, design and circulation. Therefore, the
Specific Plan is compatible with the health, safety and welfare of the
community.
(3) The subject property is physically suitable for the requested land use
designations and the anticipated land use developments.
There are no physical constraints of the Specific Plan area which would
preclude or prohibit the requested land use designations or anticipated
developments. Moreover, the Specific Plan land uses are consistent with
the land uses of the General Plan, as amended, and will serves as the tool
to regulate and implement the goals and policies of the General Plan.
The subject property is currently undeveloped land with only a few of the
required public utilities located onsite. The proposed development within
the Specific Plan area will provide the necessary connections, extensions,
and upgrades as required to serve the area.
(4) The proposed specific plan shall ensure development of desirable character
which will be compatible with existing and proposed development in the
surrounding neighborhood.
The Specific Plan conforms to the City's effort to manage growth through
the use of, among other things, comprehensive planning and design,
Project-wide continuity of landscaping and architectural design, design
standards and layout concepts exceeding the City's standards for
residential development, and the village-center concept. In addition, the
Specific Plan is based on a "Smart Growth" design, which aims to enhance
the quality of life, preserve the natural environment, and save public funds
over time through efficient utilization of infrastructure. Among other things,
smart growth principles include, without limitation, a mix of land uses, well-
designed compact neighborhoods, a variety of transportation choices,
preserve open spaces, natural beauty, and environmentally sensitive areas,
and unique neighborhood identities.
Section 3. Services Deficit Fiscal Impact Payments
A. The City and owners estimate that the increased costs to the City of
providing public safety and other municipal services to the area resulting from the General
Plan Amendment, adoption of the Specific Plan, and change of zone for the proposed
Project will substantially exceed the municipal revenue from the proposed Project ("City
Services Deficit"). The City has received a Fiscal Impact Analysis, dated as of
September, 2017 ("FIA"), documenting the City Services Deficit. The owners of the
property within the proposed Project, and their successors of interest, shall pay the City
the sum of Two Hundred Thirty-Seven Dollars ($237.00) per residential dwelling unit
within the proposed Project area that is an Occupied Residential Property, each year as
mitigation for the City Services Deficit, with an increase in such payment each fiscal year
in an amount of five and six-tenths percent (5.6%) of the previous year's payment.
B. The owners and their successors to the property within the proposed Project
may fulfill this obligation through the levy of an annual special tax of 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.; 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 owners and their successors regardless of the
financing mechanism used to pay it and regardless of whether there is a financing
mechanism to pay it.
C. This requirement is set forth in Section 11 .8 of the Specific Plan.
Section 4. Annual Wildlife Conservation Fee
A. In order to facilitate local wildlife conservation efforts, each Occupied
Residential Property in the Specific Plan area shall pay Forty-Three Dollars ($43.00) per
dwelling unit per year, to be increased each fiscal year by a percentage equal to two
percent (2%) of the prior year's payment, to fund the Annual Wildlife Conservation Fee
for Wildlife Conservation Costs.
B. For the purposes of this provision, "Occupied Residential Property" means
an assessor's parcel in the Specific Plan area for which a building permit for residential
construction and a certificate of occupancy or final inspection has been issued.
C. For the purposes of this provision "Wildlife Conservation Costs" means:
(1) An engineering feasibility study to be prepared by the City in conjunction
with the Western Riverside County Regional Conservation Authority within
the Interstate 15 freeway Special Linkage Area south of the proposed
Project whose purpose is to evaluate locations and initiate engineering for
a wildlife overcrossing or undercrossing across the Interstate 15 freeway in
order to allow wildlife (including mountain lions) to safely travel between the
Santa Margarita Ecological Reserve and the Palomar Mountain regions;
and/or
(2) Acquisition by the City of lands within the Special Linkage Area south of the
proposed Project for conservation; and/or
(3) Other wildlife conservation efforts, (i)within Riverside County; and (ii)within
ten (10) miles of the Specific Plan area.
D. The owners and their successors to the property within the proposed Project
may fulfill this obligation through the levy of an annual special tax of 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.; provided, however, the obligation
of each owner and their successors to pay the Annual Wildlife Conservation Fee payment
under this obligation remains an obligation of the owners and their successors regardless
of the financing mechanism used to pay it and regardless of whether there is a financing
mechanism to pay it.
E. This requirement is set forth in Section 11.9 of the Specific Plan.
Section 5. Recommendation. The Planning Commission of the City of
Temecula recommends that the City Council adopt an Ordinance entitled "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE
ALTAIR SPECIFIC PLAN #15 ON APPROXIMATELY 270 ACRES GENERALLY
LOCATED SOUTH AND WEST OF THE INTERSECTION OF RIDGE PARK DRIVE AND
VINCENT MORAGA; WEST OF PUJOL STREET AND MURRIETA CREEK; AND
NORTH OF SANTA MARGARITA RIVER (APNS 922-210-049, 940-310-013, 940-310-
015, 940-310-016, 940-310-044
40-310-
015, 940-310-016, 940-310-044 THROUGH 940-310-048, AND 940-320-001 THROUGH
940-320-007" in substantially the same form attached hereto as Exhibit A, and
incorporated herein by this reference.
Section 6. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 15th day of November, 2017.
Join Telesio, Chairperson
ATTEST:
L e Watson
Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss
CITY OF TEMECULA )
I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby
certify that the forgoing PC Resolution No. 17-45 was duly and regularly adopted by the
Planning Commission of the City of Temecula at a regular meeting thereof held on the
15th day of November, 2017, by the following vote:
AYES: 5 PLANNING COMMISSIONERS: Guerriero, Telesio, Turley-Trejo,
Watts, Youmans
NOES: 0 PLANNING COMMISSIONERS: NONE
ABSENT: 0 PLANNING COMMISSIONERS: NONE
ABSTAIN: 0 PLANNING COMMISSIONERS: NONE
Luke Watson
Secretary
ATTACHMENT 8.1
CITY COUNCIL ORDINANCE ALTAIR SPECIFIC PLAN (NC)
ORDINANCE NO. -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THE ALTAIR SPECIFIC PLAN
#15 ON APPROXIMATELY 270 ACRES GENERALLY
LOCATED SOUTH AND WEST OF THE INTERSECTION
OF RIDGE PARK DRIVE AND VINCENT MORAGA; WEST
OF PUJOL STREET AND MURRIETA CREEK; AND
NORTH OF SANTA MARGARITA RIVER (APNS 922-210-
049, 940-310-013, 940-310-015, 940-310-016, 940-310-044
THROUGH 940-310-048,AND 940-320-001 THROUGH 940-
320-007)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Procedural Findings. The City Council of the City of Temecula does
hereby find, determine and declare that:
A. On November 24, 2014, Rob Honer, representing Ambient Communities
filed Planning Application Nos. PA14-0158, a General Plan Amendment; PA14-0159, a
Specific Plan; PA14-0160, a Tentative Tract Map; and PA14-0161, a Development
Agreement. These applications (collectively"proposed Project")were filed in a manner in
accord with the City of Temecula General Plan and Development Code.
B. The proposed Project consists of a change in the General Plan designation
on the proposed Project site from Industrial Park(IP), Open Space(OS), Medium Density
Residential (M), High Density Residential (H), and Hillside Residential (HR) to Specific
Plan Implementation (SPI) for the Altair Specific Plan. The Altair Specific Plan is a series
of standards and regulations that will govern all development in the proposed Project
area. These standards and regulations address land use standards, a form based code,
setbacks, building height, and parking requirements. Together, these regulations and
standards seek to ensure cohesiveness in the design and aesthetic appearance of the
proposed Project site, and compatibility with the surrounding community. In addition to
the proposed General Plan Amendment and Specific Plan, the proposed Project also
includes a Tentative Tract Map and a Development Agreement.
C. The proposed 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.
D. An Environmental Impact Report(EIR), Mitigation Monitoring and Reporting
Program, and Statement of Overriding Considerations were prepared for the proposed
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 May 2, 2016 through June 17, 2016. The City published a Notice of Availability for
the Draft EIR in the San Diego Union Tribune, a newspaper of general circulation within
the City. A Notice of Availability was also sent to adjacent property owners indicating a
review period of May 2, 2016 through June 17, 2016. Copies of the documents have been
available for public review and inspection at the offices of the Department of Community
Development, 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.
E. On November 15, 2017, the Planning Commission considered the Final
Environmental Impact Report ("EIR"), Planning Application Nos. PA14-0158, a General
Plan Amendment; PA14-0159, a Specific Plan; PA14-0160, a Tentative Tract Map; and
PA14-0161, a Development Agreement, 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 in opposition to, this matter.
F. Following consideration of the entire record of information received at the
public hearing, the Planning Commission adopted Resolution No. 17-
"A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA
RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION 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 ALTAIR PROJECT, CONSISTING OF
APPROXIMATELY 270 ACRES GENERALLY LOCATED SOUTH AND WEST OF THE
INTERSECTION OF RIDGE PARK DRIVE AND VINCENT MORAGA; WEST OF PUJOL
STREET AND MURRIETA CREEK; AND NORTH OF SANTA MARGARITA RIVER
(APNS 922-210-049, 940-310-013, 940-310-015, 940-310-016, 940-310-044 THROUGH
940-310-048, AND 940-320-001 THROUGH 940-320-007)."
G. 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- "A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY
COUNCIL ADOPT AN ORDINANCE ENTITLED `AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF TEMECULA APPROVING THE ALTAIR SPECIFIC PLAN
#15 ON APPROXIMATELY 270 ACRES GENERALLY LOCATED SOUTH AND WEST
OF THE INTERSECTION OF RIDGE PARK DRIVE AND VINCENT MORAGA; WEST
OF PUJOL STREET AND MURRIETA CREEK; AND NORTH OF SANTA MARGARITA
RIVER (APNS 922-210-049, 940-310-013, 940-310-015, 940-310-016, 940-310-044
THROUGH 940-310-048, AND 940-320-001 THROUGH 940-320-007).",
H. On , the City Council of the City of Temecula considered the
proposed 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 proposed Project and the EIR, Mitigation Monitoring and Reporting
Program, and Statement of Overriding Considerations prior to and at the public hearing.
I. Following the public hearing, the Council adopted Resolution No. 17-
"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 ALTAIR PROJECT, CONSISTING OF
APPROXIMATELY 270 ACRES, GENERALLY LOCATED SOUTH AND WEST OF THE
INTERSECTION OF RIDGE PARK DRIVE AND VINCENT MORAGA; WEST OF PUJOL
STREET AND MURRIETA CREEK; AND NORTH OF SANTA MARGARITA RIVER
(APNS 922-210-049, 940-310-013, 940-310-015, 940-310-016, 940-310-044 THROUGH
940-310-048, AND 940-320-001 THROUGH 940-320-007)." Resolution No. 17-
and the findings therein are hereby incorporated by this reference as set forth in full.
J. All legal preconditions to the adoption of this Ordinance have occurred.
Section 2. Legislative Findings. The City Council in approving the Altair Specific
Plan hereby makes the following findings:
A. The Specific Plan, which is incorporated herein by this reference, complies
with the requirements of California Government Code section 65451 based on, but not
limited to, the following:
(1) The Specific Plan contains diagrams and text which specify in detail the
distribution, location, and extent of the uses of land, including open space,
within the area covered by the Specific Plan (Sections 2, 3 and 8 of the
Specific Plan).
(2) The Specific Plan contains diagrams and text which specify in detail the
proposed distribution, location, and extent and intensity of major
components of public and private transportation, sewage, water, drainage,
solid waste disposal, energy, and other essential facilities proposed to be
located within the area covered by the Specific Plan and needed to support
the land uses described in the Specific Plan (Sections 4, 6 and 7 of the
Specific Plan).
(3) The Specific Plan contains diagrams and text which specify in detail the
standards and criteria by which development will proceed, and standards
for the conservation, development, and utilization of natural resources,
where applicable (Sections 3, 8, 9 and 10 of the Specific Plan).
(4) The Specific Plan contains a program of implementation measures
including regulations, programs, public works projects, and financing
measures necessary to carry out paragraphs (1), (2), and (3) above
(Sections 5 and 11 of the Specific Plan).
(5) The Specific Plan includes a statement of the relationship of the Specific
Plan to the General Plan (Section 2.6 of the Specific Plan).
B. Pursuant to Temecula Municipal Code Section 17.16.020(E), the City
Council in adopting the Specific Plan finds determines and declares that:
(1) The proposed specific plan is consistent with the general plan and
development code.
The Specific Plan is consistent with the City's General Plan, as amended.
The Specific Plan will allow for the construction of up to 1,750 new homes
for a range of household sizes, income, and demographics. The Land Use
Element identifies the objective for this area which is to "provide
complimentary land uses to Old Town that increase the vitality of the area;
to increase the range of the housing opportunities west of 1-15; and to
encourage sensitive site and building design given the topography of the
area." The Specific Plan is consistent with these objectives. The Specific
Plan provides a range of multifamily and detached housing types within
walking distance of Old Town that will result in a vibrant combination of uses
for the aggregate planning areas. The Specific Plan respects existing
topography and embraces existing scenic vistas as focal points for the
community. The Specific Plan satisfies two of the four implementation
measures listed in LU-22 of the Land Use Element Implementation
Program: "[p]roviding infill residential opportunities within the area and the
adjacent Westside Specific Plan to create a nighttime population for the
area," and "[I]ocating additional public and community facilities within and
surrounding the Old Town area."
The proposed Specific Plan is also consistent with Goal 2 of the Circulation
Element of the General Plan which is to create a "regional transportation
system that accommodates the safe and efficient movement of people and
goods to and from the community." A significant portion of the Western
Bypass Corridor project is accomplished in the Specific Plan, connecting
SR-79 (Temecula Parkway)to Rancho California Road via Vincent Moraga
Drive.
The proposed Specific Plan is consistent with Goal 1 of the Housing
Element which is to "provide a diversity of housing opportunities that satisfy
the physical, social, and economic needs of existing and future residents of
Temecula." Single-family detached houses represent 80% of the existing
housing stock in the City. The Specific Plan will create a mixture of housing
which is needed in the City. Among other policies in the Housing Element,
the Specific Plan implements Policy 1.2 of the Housing Element which is to
"[e]ncourage residential development that provides a range of housing
types in terms of cost, density and type, and provides the opportunity for
local residents to live and work in the same community by balancing jobs
and housing types." It also implements Policy 1.3 which is to "[r]equire a
mixture of diverse housing types and densities in new developments around
the village centers to enhance their people orientation and diversity." The
Specific Plan development is predominantly east of the Western Bypass,
preserving the western portion of the Specific Plan area as natural open
space, thus consistent with Policy 1.5 of the Housing Element which is to
"[e]ncourage the use of clustered development to preserve and enhance
important environmental resources and open space, consistent with
sustainability principles."
The Specific Plan will establish the design and development framework for
the proposed Project. The Specific Plan is consistent with the City's
development code, as amended by this Ordinance. As proposed and
conditioned, the Specific Plan will be consistent with the General Plan and
all applicable requirements of State Law and other Ordinances of the City.
Further findings of consistency with the General Plan can be found in
Section 2.6 of the Specific Plan, which is hereby incorporated by this
reference.
(2) The proposed specific plan would not be detrimental to the public interest,
health, safety, convenience or welfare of the city.
The City has engaged in extensive studies and review of the potential
impacts of the Specific Plan as well as the various potential benefits to the
City by the development of the Specific Plan and concluded that the Specific
Plan is in the best interests of, and is not detrimental to, the health, safety
and general welfare of the City. The proposed specific plan is located
directly adjacent to Old Town Temecula and its added residential population
base will support the commercial uses of Old Town. There are few housing
opportunities in Old Town currently, limiting the clientele of Old Town's
shops and restaurants to visitors who arrive primarily by car. Old Town
businesses are therefore dependent on tourism, which can fluctuate
dramatically. The proposed specific plan will provide up to 1,750 new
homes for a range of household sizes, income, and demographics.
The Specific Plan was reviewed and determined to be in conformance with
the City's General Plan, as amended. The General Plan sets the policies
and standards that protect the health, safety and welfare of the community.
In addition, the Specific Pian establishes specific building design guidelines
and standards that ensure compatibility and interface with the surrounding
community in terms of density, design and circulation. Therefore, the
Specific Plan is compatible with the health, safety and welfare of the
community.
(3) The subject property is physically suitable for the requested land use
designations and the anticipated land use developments.
There are no physical constraints of the Specific Plan area which would
preclude or prohibit the requested land use designations or anticipated
developments. Moreover, the Specific Plan land uses are consistent with
the land uses of the General Plan, as amended, and will serves as the tool
to regulate and implement the goals and policies of the General Plan.
The subject property is currently undeveloped land with only a few of the
required public utilities located onsite. The proposed development within
the Specific Plan area will provide the necessary connections, extensions,
and upgrades as required to serve the area.
(4) The proposed specific plan shall ensure development of desirable character
which will be compatible with existing and proposed development in the
surrounding neighborhood.
The Specific Plan conforms to the City's effort to manage growth through
the use of, among other things, comprehensive planning and design,
Project-wide continuity of landscaping and architectural design, design
standards and layout concepts exceeding the City's standards for
residential development, and the village-center concept. In addition, the
Specific Plan is based on a "Smart Growth" design, which aims to enhance
the quality of life, preserve the natural environment, and save public funds
over time through efficient utilization of infrastructure. Among other things,
smart growth principles include, without limitation, a mix of land uses, well-
designed compact neighborhoods, a variety of transportation choices,
preserve open spaces, natural beauty, and environmentally sensitive areas,
and unique neighborhood identities.
Section 3. Services Deficit Fiscal Impact Payments
A. The City and owners estimate that the increased costs to the City of
providing public safety and other municipal services to the area resulting from the General
Plan Amendment, adoption of the Specific Plan, and change of zone for the proposed
Project will substantially exceed the municipal revenue from the proposed Project ("City
Services Deficit"). The City has received a Fiscal Impact Analysis, dated as of
September, 2017 ("FIA"), documenting the City Services Deficit. The owners of the
property within the proposed Project, and their successors of interest, shall pay the City
the sum of Two Hundred Thirty-Seven Dollars ($237.00) per residential dwelling unit
within the proposed Project area that is an Occupied Residential Property, each year as
mitigation for the City Services Deficit, with an increase in such payment each fiscal year
in an amount of five and six-tenths percent (5.6%) of the previous year's payment.
B. The owners and their successors to the property within the proposed Project
may fulfill this obligation through the levy of an annual special tax of 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.; 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 owners and their successors regardless of the
financing mechanism used to pay it and regardless of whether there is a financing
mechanism to pay it.
C. This requirement is set forth in Section 11.8 of the Specific Plan.
Section 4. Annual Wildlife Conservation Fee
A. In order to facilitate local wildlife conservation efforts, each Occupied
Residential Property in the Specific Plan area shall pay Forty-Three Dollars ($43.00) per
dwelling unit per year, to be increased each fiscal year by a percentage equal to two
percent (2%) of the prior year's payment, to fund the Annual Wildlife Conservation Fee
for Wildlife Conservation Costs.
B. For the purposes of this provision, "Occupied Residential Property" means
an assessor's parcel in the Specific Plan area for which a building permit for residential
construction and a certificate of occupancy or final inspection has been issued.
C. For the purposes of this provision "Wildlife Conservation Costs" means
(1) An engineering feasibility study to be prepared by the City in conjunction
with the Western Riverside County Regional Conservation Authority within
the Interstate 15 freeway Special Linkage Area south of the proposed
Project whose purpose is to evaluate locations and initiate engineering for
a wildlife overcrossing or undercrossing across the Interstate 15 freeway in
order to allow wildlife (including mountain lions)to safely travel between the
Santa Margarita Ecological Reserve and the Palomar Mountain regions;
and/or
(2) Acquisition by the City of lands within the Special Linkage Area south of the
proposed Project for conservation; and/or
(3) Other wildlife conservation efforts, (i)within Riverside County; and (ii)within
ten (10) miles of the Specific Plan area.
D. The owners and their successors to the property within the proposed Project
may fulfill this obligation through the levy of an annual special tax of 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.; provided, however, the obligation
of each owner and their successors to pay the Annual Wildlife Conservation Fee payment
under this obligation remains an obligation of the owners and their successors regardless
of the financing mechanism used to pay it and regardless of whether there is a financing
mechanism to pay it.
E. This requirement is set forth in Section 11.9 of the Specific Plan.
Section 5. Section 17.16.070 (Approved specific plans.) of Chapter 17.16
Specific Plan Zoning District (SP-) of Title 17 (Zoning) is hereby amended to add the
following, with all other provisions of Section 17.16.070 remaining the same:
"SP-15 Altair Specific Plan"
Section 6. Zoning Map Amendment. The City Council hereby amends the
Official Zoning Map of the City of Temecula to change the zoning classification for the
property located on 270 acres in the southwesterly portion of the City of Temecula, west
of Old Town (APNs 922-210-049, 940-310-013, 940-310-015, 940-310-016, 940-310-044
through 940-310-048, and 940-320-001 through 940-320-007) to the Altair Specific Plan
#15. The amended Zoning Map is attached as Exhibit "A" to this Ordinance and is
incorporated herein by this reference as though set forth in full.
Section 7. Consistency with General Plan. On the City Council
adopted Resolution No. , which amended the Land Use Element and Circulation
Element of the General Plan, in conformity with Government Code section 65300.
Therefore, the foregoing amendments outlined in this Ordinance are consistent with the
goals and policies of the General Plan for the City of Temecula.
Section 8. The City Council of the City of Temecula hereby adopts the Altair
Specific Plan. The Altair Specific Plan is on file in the City Clerk's office and is
incorporated herein by reference as though set forth in full.
Section 9. Severability. If any portion, provision, section, paragraph, sentence,
or word of this Ordinance is rendered or declared to be invalid by any final court action in
a court of competent jurisdiction, or by reason of any preemptive legislation,the remaining
portions, provisions, sections, paragraphs, sentences, and words of this Ordinance shall
remain in full force and effect and shall be interpreted by the court so as to give effect to
such remaining portions of the Ordinance.
Section 10. Effective Date. This Ordinance shall take effect thirty(30)days after
its adoption.
Section 11. Notice of Adoption. The City Clerk shall certify to the adoption of this
Ordinance and cause it to be published in the manner required by law
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula
this day of
Maryann Edwards, Mayor
ATTEST:
Randi Johl, City Clerk
[SEAL]
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
Ordinance No. - was duly introduced and placed upon its first reading at a meeting of
the City Council of the City of Temecula on the day of , , and that thereafter,
said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting
thereof held on the day of , by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Randi Johl, City Clerk
ATTACHMENT 8A
CONDITIONS OF APPROVAL (ALTAIR SPECIFIC PLAN - NC)
EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
Planning Application No.: PA14-0159
Project Description: A proposed Specific Plan to include the four-lane divided Western
Bypass, up to 1,750 residential units, an elementary school, up to
7,000 square feet of neighborhood commercial, a clubhouse, civic
site, parks, trails, and hillside preservation. The Specific Plan will
also include off-site improvements for public infrastructure
including, but not limited to, construction of the Western Bypass
bridge over Murrieta Creek, road widening of Vincent Moraga,
construction of Main Street north of Pujol, and off-site sewer,
water and dry utility extensions
Assessor's Parcel No.: 922-210-049, 940-310-013, 940-310-015, 940-310-016, 940-310-
044 through 940-310-048, and 940-320-001 through 940-320-007
MSHCP Category: Credits per the Development Agreement (PA14-0161)
DIF Category: Credits per the Development Agreement (PA14-0161)
TUMF Category: Credits per the Development Agreement(PA14-0161)
QUIMBY Category: Exempt per the Development Agreement (PA14-0161)
Approval Date:
Expiration Date:
PLANNING DIVISION
Within 48 Hours of Approval
1. 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 Hundred Dollars and Zero Cents ($3,128.00) which
includes the Three Thousand and Seventy 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 City. 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 twenty (20) years per the Development
Agreement; 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. Consistency with Specific Plans. This project and all subsequent projects within this site
shall be consistent with Specific Plan No. 15,Altair Specific Plan.
6. Consistency with Development Agreements. The project and all subsequent projects within
this site shall be subject to Development Agreement(PA14-0161).
7. Compliance with EIR. The project and all subsequent projects within this site shall comply
with all mitigation measures identified within the EIR for Altair(SCH No. 2014111029).
8. Signage Permits. A separate building permit shall be required for all signage.
9. Landscape Maintenance. Landscaping installed for the project shall be continuously
maintained to the reasonable satisfaction of the Director of Community Development. If it is
determined that the landscaping is not being maintained, the Director of Community
Development shall have the authority to require the property owner to bring the landscaping
into conformance with the approved landscape plan. The continued maintenance of all
landscaped areas shall be the responsibility of the developer or any successors in interest.
10. Graffiti. All graffiti shall be removed within 24 hours on telecommunication towers, equipment,
walls, or other structures.
11. Water Quality and Drainage. Other than stormwater, it is illegal to allow liquids, gels, powders,
sediment,fertilizers, landscape debris, and waste from entering the storm drain system or from
leaving the property. To ensure compliance with this Condition of Approval:
a. Spills and leaks shall be cleaned up immediately.
b. Do not wash, maintain, or repair vehicles onsite.
c. Do not hose down parking areas, sidewalks, alleys, or gutters.
d. Ensure that all materials and products stored outside are protected from rain.
e. Ensure all trash bins are covered at all times.
12. Modifications or Revisions. The permittee shall obtain City approval for any modifications or
revisions to the approval of this project.
13. Phased Construction. If construction is phased, a construction staging area plan or phasing
plan for construction equipment and trash shall be approved by the Director of Community
Development.
14. Subdivision Map 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.
15. Subdivision Phasing. If subdivision phasing is proposed, a phasing plan shall be submitted to
and approved by the Community Development Director.
16. 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.
17. 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.
18. 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 Tentative Tract Map and the Specific 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.
19. Class II Bicycle Lanes. Class II bicycle lanes, as specified in the City of Temecula Multi-Use
Trails and Bikeways Master Plan, , the Tentative Tract Map and the Specific Plan, shall be
identified on the street improvement plans, and constructed in concurrence with the street
improvements.
20. Mitigation Monitoring Program. The Altair project is required to comply with all mitigation
measures identified in the Final EIR, and Mitigation Monitoring and Reporting Program
(MMRP).
21. Maximum Number of Rental Units(Apartments). Prior to the issuance of a building permit
by the City for a residential community in the Project, the Guest Builder shall provide a
letter to the City declaring whether the project will include residential units for sale to
homeowners(a"For-Sale Community")or residential units for rent(Apartments)to tenants
(a "For-Rent Community"), and if it is a For-Rent Community, the number of Rental Units
being proposed for the For-Rent Community. Further, in conjunction with the overall
development of the Project, the Guest Builder will also provide a list of all previously
approved For-Sale and For-Rent Communities in the Project and the number of Rental
Units for each For Rent Community. There shall be a maximum of 750 Rental Units within
the Project. Notwithstanding the forgoing, homes that are in a For-Sale Community that
are sold to individuals and then later rented to the public shall not count towards the 750
Rental Unit threshold.
22. Project Phasing. The project shall be built in four phases per the attached "Phasing Exhibit,
1 OD." Infrastructure shall be required prior to the issuance of building permits in each phase
per the phasing plan.
23. Fiscal Impact Compliance. Any development within the Altair Specific Plan 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 a received
a Fiscal Impact Analysis dated October, 2017 ("FIA"), documenting the City Services Deficit.
The owners of the property within the Project, and their successors of interest, at the time a
certificate of occupancy is issued for a residential dwelling, shall pay the City the sum of two-
hundred thirty-seven ($237) 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 Act of 1982,
Government Code Section 53311, et seq., provided however, the obligation of each owner and
their successors to the 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.
24. Trail Siting and Location on the South Parcel/Civic Site. In addition to the mitigation
measures identified in the Final EIR for cultural resources, MM-CUL-1a through MM-CUL-
3, City Staff will work with the Pechanga Tribe to determine the final trail alignment for an
out and back, or loop trail. Using trail siting guidance identified in the Multi-Species Habitat
Conservation Plan (MSHCP) Section 7.0, the trail will utilize existing dirt roads whenever
possible. Portions of existing trail may be eliminated, and revegetated to protect
environmentally sensitive areas. Any new trail segment will be designed to discourage
and prevent intrusion into adjacent environmentally sensitive areas.
25. Direction Fencing. Directional Fencing for wildlife shall be required as identified in the
Specific Plan, EIR, and in conformance with the Western Riverside County Multi-Species
Habitat Conservation Plan (MSHCP).
Prior to Issuance of Grading Permit
26. Central Park Design Meeting. Prior to the issuance of any grading permits associated with the
Central park area, a pre-design meeting shall be held to include Planning, TCSD, and Public
Works to complete a final design for the Central Park. The Altair Specific Plan includes a
conceptual plan for the park, however, final arrangement and location of amenities shall be
determined prior to any grading and/or construction.
27. Placement of Transformer. Provide the Planning Division with a copy of the underground water
plans and electrical plans for verification of proper placement of transformer(s) and double
detector check valves prior to final agreement with the utility companies.
28. Placement of Double Detector Check Valves. Double detector check valves shall be installed
at locations that minimize their visibility from the public right-of-way, subject to review and
approval by the Director of Community Development.
29. Pechanga Mitigation Measures. The Altair project is required to comply with Mitigation
measures MM-CUL-1a through MM-CUL-3.
30. Archaeological/Cultural Resources Grading Note. The following shall be included in the Notes
Section of the Grading Plan: "If at any time during excavation/construction of the site,
archaeological/cultural resources, or any artifacts or other objects which reasonably appears
to be evidence of cultural or archaeological resource are discovered, the property owner shall
immediately advise the City of such and the City shall cause all further excavation or other
disturbance of the affected area to immediately cease. The Director of Community
Development at his/her sole discretion may require the property owner to deposit a sum of
money it deems reasonably necessary to allow the City to consult and/or authorize an
independent,fully qualified specialist to inspect the site at no cost to the City, in order to assess
the significance of the find. Upon determining that the discovery is not an archaeological/
cultural resource, the Director of Community Development shall notify the property owner of
such determination and shall authorize the resumption of work. Upon determining that the
discovery is an archaeological/cultural resource,the Director of Community Development shall
notify the property owner that no further excavation or development may take place until a
mitigation plan or other corrective measures have been approved by the Director of
Community Development."
31. Cultural Resources Treatment Agreement. The developer is required to enter into a Cultural
Resources Treatment Agreement with the Pechanga Tribe. This Agreement will address the
treatment and disposition of cultural resources and human remains that may be impacted as
a result of the development of the project, as well as provisions for tribal monitors.
32. Discovery of Cultural Resources. The following shall be included in the Notes Section of the
Grading Plan: "If cultural resources are discovered during the project construction (inadvertent
discoveries), all work in the area of the find shall cease, and a qualified archaeologist and
representatives of the Pechanga Tribe shall be retained by the project sponsor to investigate
the find, and make recommendations as to treatment and mitigation."
33. Archaeological Monitoring of Cultural Resources. The following shall be included in the Notes
Section of the Grading Plan: "A qualified archaeological monitor will be present and will have
the authority to stop and redirect grading activities, in consultation with the Pechanga Tribe
and their designated monitors, to evaluate the significance of any archaeological resources
discovered on the property."
34. Tribal Monitoring of Cultural Resources. The following shall be included in the Notes Section
of the Grading Plan: "Tribal monitors from the Pechanga Tribe shall be allowed to monitor all
grading, excavation and groundbreaking activities, including all archaeological surveys,
testing, and studies, to be compensated by the developer."
35. Relinquishment of Cultural Resources. The following shall be included in the Notes Section
of the Grading Plan: "The landowner agrees to relinquish ownership of all cultural resources,
including all archaeological artifacts that are found on the project area, to the Pechanga Tribe
for proper treatment and disposition."
36. Preservation of Sacred Sites. The following shall be included in the Notes Section of the
Grading Plan: "All sacred sites are to be avoided and preserved."
37. Mitigation Measure MM-CUL-1a—Retention of a Qualified Archaeologist. Prior to issuance of
a grading permit and prior to the start of any ground disturbing activity, the applicant shall
retain a qualified archaeologist, defined as an archaeologist meeting the Secretary of the
Interior's Professional Qualification Standards for archaeology (Department of the Interior,
2012), and as approved by the City of Temecula, to carry out all mitigation measures related
to archaeological resources and to coordinate the archaeological program with the Pechanga
Band of Luiseno Indians (Pechanga Tribe). The Project archaeologist will have the authority
to stop and redirect grading in the immediate area of a find in order to evaluate the find and
determine the appropriate next steps, in consultation with the Pechanga Tribal Monitor.
38. Mitigation Measure MM-CUL-1b - Retention of a Professional Pechanga Tribal Monitor. At
least 30 days prior to seeking a grading permit, the project Applicant shall contact the
Pechanga Tribe to notify the Tribe of their intent to pull permits for the proposed grading and
excavation, and to coordinate with the Tribe to develop a Cultural Resources Treatment and
Monitoring Agreement. The Agreement shall address the treatment of known cultural
resources, the designation, responsibilities, and participation of professional Pechanga Tribal
Monitors during grading, excavation and ground disturbing activities; project grading and
development scheduling; terms of compensation for the monitors, including overtime and
weekend rates, in addition to mileage reimbursement; and treatment and final disposition of
any cultural resource, sacred sites,and human remains discovered on the site.The Pechanga
Tribal Monitor will have the authority to stop and redirect grading in the immediate area of a
find in order to evaluate the find and determine the appropriate next steps, in consultation with
the Project archaeologist. Such evaluation shall include culturally appropriate temporary and
permanent treatment pursuant to the Agreement which may include avoidance of cultural
resources, in-place preservation and/or re-burial on the project property in an area that will not
be subject to future disturbances for preservation in perpetuity.
39. Mitigation Measure MM-CUL-1c — Cultural Resources Sensitivity Training The qualified
archeologist, or an archaeologist working under the direction of the qualified archaeologist,
and a representative of the Pechanga Tribe shall conduct preconstruction cultural resources
sensitivity training which will include a brief review of the cultural sensitivity of the project and
the surrounding area to inform construction personnel of the types of cultural resources that
may be encountered,and of the proper procedures to be enacted in the event of an inadvertent
discovery of archaeological resources or human remains. The applicant shall ensure that
construction personnel are made available for and attend the training and shall retain
documentation demonstrating attendance.All new construction personnel that begin work on
the Project following the initial Training must take the cultural resources sensitivity training
prior to beginning work and the project archaeologist and Pechanga Tribe shall make
themselves available to provide the training on an as-needed basis.
40. Mitigation Measure MM-CUL-1d — Archaeological and Native American Monitorinq and
Resurvey of the South Parcel. Prior to issuance of a grading permit and prior to the start of
any vegetation removal or ground disturbing activity, a qualified archaeological monitor and
Pechanga Tribal monitor shall be retained by the applicant to monitor ground disturbing
activities including, but not limited to, brush clearance and grubbing, grading, trenching,
excavation, and the construction of fencing and access roads as indicated in MM-CUL-1 a and
1b. The archaeological and Pechanga Tribal monitors shall re-survey the South Parcel
involving ground disturbance, after vegetation removal and grubbing and prior to other ground
disturbing activities. This will ensure that previously undocumented resources obscured by
thick brush can be identified and appropriate treatment measures for the resources can be
developed.Archaeological monitoring shall be conducted by an archaeologist familiar with the
types of historic and prehistoric resources that could be encountered within the project, and
under direct supervision of the qualified archaeologist. If ground disturbing activities occur
simultaneous in two or more locations located more than 500 feet apart, additional
archaeological and Pechanga Tribal monitors may be required.
The archaeological and Pechanga Tribal monitors shall keep daily and/or weekly logs. After
monitoring has been completed, the qualified archaeologist shall prepare a monitoring report
that details the results of monitoring, which shall be submitted to the City, Pechanga, and to
the Eastern Information Center at the University of California, Riverside.
41. Mitigation Measure MM-CUL-le — Unanticipated Discovery. If cultural resources are
encountered during the course of ground disturbing activities, the applicant shall cease any
ground disturbing activities within 100 feet of the find until it can be evaluated by the qualified
archaeologist, who shall inspect the find within 24 hours of discovery, during normal working
hours. The qualified archaeologist, the archaeological monitor, and/or Native American
monitor shall be empowered to halt or redirect ground disturbing activities away from the
vicinity of the find until it has been assessed for significance. The qualified archaeologist, in
consultation with the applicant and the Pechanga Tribe, shall assess the significance of
discovered resources and shall take into account the religious beliefs, customs, and practices
of the Pechanga Tribe.Avoidance shall be the preferred manner of mitigation pursuant to Calif.
Pub. Res.Code§21083.2(b). Preservation in place may be accomplished by, but is not limited
to, complete avoidance, incorporating the resource into open space, or deeding the site into a
permanent conservation easement. In the event that preservation in place is demonstrated to
be infeasible and data recovery through excavation is determined to be the only feasible
mitigation option, a treatment plan shall be prepared and implemented by the qualified
archaeologist, in consultation with the applicant and the Pechanga Tribe. The treatment plan
shall provide for the adequate recovery of the scientifically consequential information
contained in the archaeological resource. The Pechanga Tribe shall be consulted to ensure
that cultural values ascribed to the resource, beyond that which is scientifically important, are
considered and additional appropriate mitigation to address the cultural values is applied.The
treatment plan shall also provide for the analysis, reporting, and curation/disposition of
resources in accordance with the Treatment Agreement required in MM-CUL-1 b.
42. Mitigation Measure MM-CUL-1f—Completed Avoidance of Impacts to the TCP. The City and
the Project Applicant/Land Owner shall ensure that no impacts occur to the Traditional Cultural
Property south of the proposed South Parcel Area. This includes, but is not limited to off-site
improvements, staging activities, trenching, geotechnical work, Riverside County Flood
Control improvements, Water Department impacts, Public Works projects, biological and fire
control programs, and any other program or project that would affect the integrity of the TCP.
Should any of these activities, or others as indicated, be proposed, the City and the
Applicant/Land Owner shall contact the Pechanga Tribe for additional consultation and review.
43. Mitigation Measure MM-CUL-2a — Paleontological Resource Impact Mitigation Program
(PRIMP). The applicant shall implement the paleontological mitigation program outlined in the
PRIMP (Kennedy and Wirths, 2013) during project implementation. The PRIMP requires
paleontological monitoring of mapped exposures of the sandstone facies of the Pauba
Formation (Qp) as shown on Attachment 3a of the PRIMP. In addition, because the
fanglomerate facies of the Pauba Formation is considered to have undetermined potential to
yield significant paleontological resources, initial excavations into the unit shall be spot-
checked by a qualified paleontologist (defined as a paleontologist meeting the Society for
Vertebrate Paleontology Standards, 2010)to determine if the lithology of the geological unit is
conducive to the preservation of unique paleontological resources.The qualified paleontologist
shall also contribute to any construction worker cultural resources sensitivity training, either in
person or via a module provided to the qualified archaeologist.
Monitoring shall be conducted by a qualified paleontologist, or a monitor working under the
direct supervision of a qualified paleontologist. Monitors shall have the authority to temporarily
halt or divert work away from exposed fossils in order to recover the fossil specimens. The
qualified paleontologist, based on observations of subsurface soil stratigraphy or other factors,
may reduce or discontinue monitoring, as warranted, if the qualified paleontologist determines
that the possibility of encountering fossiliferous deposits is low. Monitors shall prepare daily
logs detailing the types of activities and soils observed, and any discoveries. Any fossils
recovered shall be prepared to the point of identification and curated at an accredited facility.
The qualified paleontologist shall prepare a final monitoring and mitigation report to be
submitted to the City and filed with the local repository.
44. Mitigation Measure MM-CUL-2b - Unanticipated Paleontological Resources Discoveries. If
construction or other project personnel discover any potential fossils during construction,
regardless of the depth of work, work at the discovery location shall cease until the qualified
paleontologist has assessed the discovery and made recommendations as to the appropriate
treatment.
45. Mitigation Measure MM-CUL-3 — Human Remains. If human remains are uncovered during
project construction, the applicant shall immediately halt work and follow the procedures and
protocols set forth in Section 15064.5(e) of the CEQA Guidelines, which require compliance
with Health and Safety Code Section 7050.5 and Public Resources Code Section 5097.98(as
amended by AB 2641). The applicant shall immediately contact the Riverside County Coroner
to evaluate the remains. If the County Coroner determines that the remains are Native
American and not subject to his or her authority, the County Coroner shall notify the Native
American Heritage Commission (NAHC) within 24 hours. The NAHC shall designate a Most
Likely Descendant (MLD) for the remains, who shall have 48 hours from the time of being
granted access to the site to provide recommendations to the landowner for the means of
treating or disposing of,with appropriate dignity, the human remains and any associated grave
goods. Until the landowner has discussed and conferred with the MLD, the landowner shall
ensure that the immediate vicinity where the discovery occurred is not subject to further
disturbances, is adequately protected according to generally accepted cultural and
archaeological standards, and that further activities take into account the possibility of multiple
burials. In the event that no MLD is identified, or if the MLD fails to make a recommendation
for disposition, or if the landowner rejects the recommendation of the MLD and mediation with
the NAHC fails to provide measures acceptable to the landowner, the landowner may reinter
the remains and associated grave goods with appropriate dignity on the property in a location
not subject to further disturbance.
46. MSHCP Pre-Construction Survey. A 30-day preconstruction survey, in accordance with
MSHCP guidelines and survey protocol, shall be conducted prior to ground disturbance. The
results of the 30-day preconstruction survey shall be submitted to the Planning Division prior
to scheduling the pre-grading meeting with Public Works.
47. Burrowing Owl Grading Note. The following shall be included in the Notes Section of the
Grading Plan: "No grubbing/clearing of the site shall occur prior to scheduling the pre-grading
meeting with Public Works. All project sites containing suitable habitat for burrowing owls,
whether owls were found or not, require a 30-day preconstruction survey that shall be
conducted within 30 days prior to ground disturbance to avoid direct take of burrowing owls.
If the results of the survey indicate that no burrowing owls are present on-site, then the project
may move forward with grading, upon Planning Division approval. If burrowing owls are found
to be present or nesting on-site during the preconstruction survey, then the following
recommendations must be adhered to: Exclusion and relocation activities may not occur
during the breeding season,which is defined as March 1 through August 31, with the following
exception: From March 1 through March 15 and from August 1 through August 31 exclusion
and relocation activities may take place if it is proven to the City and appropriate regulatory
agencies (if any) that egg laying or chick rearing is not taking place. This determination must
be made by a qualified biologist."
48. Rouqh Grading Plans. A copy of the Rough Grading Plans shall be submitted and approved
by the Planning Division.
Prior to Issuance of Building Permit
49. Transportation Uniform Mitigation Fee (TUMF). The City of Temecula adopted an ordinance
on March 31, 2003 to collect fees for a Riverside County area wide Transportation Uniform
Mitigation Fee (TUMF). This project is subject to payment of these fees at the time of building
permit issuance per the Development Agreement (PA14-0161). The fees are subject to the
provisions of Chapter 15.08 of the Temecula Municipal Code and the fee schedule in effect at
the time of building permit issuance.
50. Development Impact Fee (DIF). The developer shall comply with the provisions of Title 15,
Chapter 15.06 of the Temecula Municipal Code and all its resolutions by paying the appropriate
City fee per the Development Agreement(PA14-0161).
51. Quimby Requirements. Per the Development Agreement, the developer has satisfied the
City's parkland dedication (Quimby) requirement through the provision of parks and open
space identified in the Altair Specific Plan. These parks will be privately maintained, but open
to the public. The Central Park in Village C will be dedicated to the City per the Development
Agreement(PA14-0161).
52. Construction Landscaping and Irrigation Plans. Four(4) copies of Construction Landscaping
and Irrigation Plans shall be reviewed and approved by the Planning Division. These plans
shall be submitted as a separate submittal, not as part of the building plans or other plan set.
These plans shall conform to the approved conceptual landscape plan, or as amended by
these conditions. The location, number, height and spread, water usage or KC value, genus,
species, and container size of the plants shall be shown. The plans shall be consistent with
the Water Efficient Ordinance and Water Storage Contingency Plan per the Rancho California
Water District. The plans shall be accompanied by the appropriate filing fee (per the City of
Temecula Fee Schedule at time of submittal) and one copy of the approved Grading Plan.
53. Landscaping Site Inspections. The Landscaping and Irrigation Plans shall include a note
stating, "Three landscape site inspections are required. The first inspection will be conducted
at installation of irrigation while trenches are open. This will verify that irrigation equipment
and layout is per plan specifications and details. Any adjustments or discrepancies in actual
conditions will be addressed at this time and will require an approval to continue. Where
applicable, a mainline pressure check will also be conducted. This will verify that the irrigation
mainline is capable of being pressurized to 150 psi for a minimum period of two hours without
loss of pressure. The second inspection will verify that all irrigation systems are operating
properly, and to verify that all plantings have been installed consistent with the approved
construction landscape plans. The third inspection will verify property landscape maintenance
for release of the one-year landscape maintenance bond." The applicant/owner shall contact
the Planning Division to schedule inspections.
54. Agronomic Soils Report. The Landscaping and Irrigation Plans shall include a note on the
plans stating, "The contractor shall provide two copies of an agronomic soils report at the first
irrigation inspection."
55. Water Usage Calculations. The Landscaping and Irrigation Plans shall include water usage
calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance), the total
cost estimate of plantings and irrigation (in accordance with approved plan). Applicant shall
use evapotranspiration (ETo) factor of 0.70 for calculating the maximum allowable water
budget.
56. Landscape Maintenance Program. A landscape maintenance program shall be submitted to
the Planning Division for approval. The landscape maintenance program shall detail the
proper maintenance of all proposed plant materials to assure proper growth and landscape
development for the long-term esthetics of the property. The approved maintenance
program shall be provided to the landscape maintenance contractor who shall be
responsible to carry out the detailed program.
57. Specifications of Landscape Maintenance Program. Specifications of the landscape
maintenance program shall indicate, "Three landscape site inspections are required. The
first inspection will be conducted at installation of irrigation while trenches are open. This
will verify that irrigation equipment and layout is per plan specifications and details. Any
adjustments or discrepancies in actual conditions will be addressed at this time and will
require an approval to continue. Where applicable, a mainline pressure check will also be
conducted. This will verify that the irrigation mainline is capable of being pressurized to
150 psi for a minimum period of two hours without loss of pressure. The second inspection
will verify that all irrigation systems are operating properly, and to verify that all plantings
have been installed consistent with the approved construction landscape plans. The third
inspection will verify property landscape maintenance for release of the one-year
landscape maintenance bond."The applicant/owner shall contact the Planning Division to
schedule inspections.
58. Irrigation. The landscaping plans shall include automatic irrigation for all landscaped
areas and complete screening of all ground mounted equipment from view of the public
from streets and adjacent property for private common areas;front yards and slopes within
individual lots; shrub planting to completely screen perimeter walls adjacent to a public
right-of-way equal to 66 feet or larger; and, all landscaping excluding City maintained
areas and front yard landscaping which shall include, but may not be limited to, private
slopes and common areas.
59. Wall and Fence Plans. Wall and fence plans shall be reviewed with all landscape plans,
and shall be consistent with the Altair Specific Plan.
60. Precise Gradinq Plans. Precise Grading Plans shall be consistent with the approved
rough grading plans including all structural setback measurements.
61. Landscapinq Requirement for Phased Development. If any phase or area of the project
site is not scheduled for development within six months of the completion of grading, the
landscaping plans shall indicate it will be temporarily landscaped and irrigated for dust and
soil erosion control.
62. WQMP Landscape Compliance. The construction landscape plans shall be consistent
with Appendix A, Table 31 of the Low Impact Development (LID) Manual for Southern
California for plant materials and treatment facilities, and shall reference the approved
precise grading plan for WQMP features.
63. Utility Screening. All utilities shall be screened from public view. Landscape construction
drawings shall show and label all utilities and provide appropriate screening. Provide a
three-foot clear zone around fire check detectors as required by the Fire Department
before starting the screen. Group utilities together in order to reduce intrusion. Screening
of utilities is not to look like an after-thought. Plan planting beds and design around
utilities. Locate all light poles on plans and ensure that there are no conflicts with trees.
Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit
64. Landscape Installation Consistent with Construction Plans. All required landscape
planting and irrigation shall have been installed consistent with the approved construction
plans and shall be in a condition acceptable to the Director of Community Development.
The plants shall be healthy and free of weeds, disease, or pests. The irrigation system
shall be properly constructed and in good working order.
65. Performance Securities. Performance securities, in amounts to be determined by the
Director of Community Development, to guarantee the maintenance of the plantings in
accordance with the approved construction landscape and irrigation plan, shall be filed
with the Planning Division for a period of one year from final Certificate of Occupancy.
After that year, if the landscaping and irrigation system have been maintained in a
condition satisfactory to the Director of Community Development, the bond shall be
released upon request by the applicant.
66. 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
67. Final Map. A copy of the Final Map for each phase shall be submitted to, and approved
by, the Planning Division.
68. 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.
69. Submittal of CC&Rs. A copy of the Covenants, Conditions, and Restrictions (CC&Rs)for
the project or any phase thereof 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 landscaped and open areas, including parkways. Applicants shall provide
a deposit in the amount of $3,750 for the review of the CC&Rs. Amended CC&Rs will
require a $2,000 deposit. The applicant shall be responsible for al costs incurred during
review of the CC&Rs and additional fees may be required during the course of the review.
70. 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.
71. Preparation of CC&Rs. The CC&Rs shall be prepared at the developer's sole cost and
expense.
72. 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.
73. CC&Rs and Management and 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
Water Quality Management Plan for the project or any phase thereof.
74. 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.
75. Termination of CC&Rs. The CC&Rs shall provide that the association may not be
terminated without prior City approval.
76. 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.
77. 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.
78. 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.
79. 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.
80. 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. 36959, -1, -2,
and -3, 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
81. 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.
82. Recordation of CC&Rs. CC&Rs shall be finalized and recorded at the time of Final Map
Recordation.
83. Copies of CC&Rs. Three copies of the final recorded CC&Rs shall be provided to the
Planning Division.
84. General. The CC&Rs shall contain a provision requiring the HOA to perform yearly
inspections of garages to ensure adequate parking.
85. General. The CC&Rs shall contain a list of all disclosures(tax rate— Mello Roos, wildlife,
noise, etc.) as required by the City of Temecula and State of California.
OUTSIDE AGENCY LETTERS
86. Rancho Water. The applicant shall comply with the recommendations set forth in the
Rancho Water transmittal dated August 26, 2014, a copy of which is attached.
87. Riverside County Flood Control and Water Conservation District (RCFCWD). The
applicant shall comply with the recommendations set forth in the RCFCWD transmittal
dated March 5, 2015, a copy of which is attached.
88. Metropolitan Water District(MWD). The applicant shall comply with the recommendations
set forth in the MWD transmittal dated April 14, 2015, a copy of which is attached.
89. Army Corps of Engineers(ACOE). The applicant shall comply with the recommendations
set forth in the ACOE transmittal dated May 18, 2015, a copy of which is attached.
90. Southern California Edison (SCE). The applicant shall comply with the recommendations
set forth in the SCE transmittal dated September 17, 2015, a copy of which is attached.
91. Eastern Municipal Water District (EMWD). The applicant shall comply with the
recommendations set forth in the EMWD transmittal dated September 21, 2016, a copy of
which is attached.
FIRE PREVENTION
General Requirements
92. Fire Flow. The Fire Prevention Bureau is required to set a minimum fire flow for the
remodel or construction of all commercial and residential buildings per CFC Appendix B.
The developer shall provide for this project, a water system capable of delivering 2,000
GPM at 20-PSI residual operating pressure for a 2-hour duration for this projects. The fire
flow as given above has taken into account all information as provided (CFC Appendix B
and Temecula City Ordinance 15.16.020).
93. Fire Hydrants. The Fire Prevention Bureau is required to set minimum fire hydrant
distances per CFC Appendix C. Standard fire hydrants (6" x 4" x (2) 2 '/2" outlets) shall be
located on fire access roads and adjacent public streets. For all multi-family projects
hydrants shall be spaced at 350 feet apart, and shall be located no more than 210 feet
from any point on the street or Fire Department access road(s) frontage to a hydrant for
all and for single family dwellings and tract homes hydrants shall be 500 feet apart, and
shall be located no more than 250 feet from any point on the street or Fire Department
access road(s) frontage to a hydrant. The required fire flow shall be available from any
adjacent hydrant(s) in the system. (CFC Appendix C and Temecula City Ordinance
15.16.020).
94. Fire Dept. Plan Review. Final fire and life safety conditions will be addressed when building
plans are reviewed by the Fire Prevention Bureau. These conditions will be based on
occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and
related codes which are in force at the time of building plan submittal.
95. Water Maintenance Agreement. An agreement for the maintenance and repair of any and
all existing underground Fire Department water systems, including all fire sprinkler
supplies, and all fire hydrants and supplies, will be in place as a condition of this division
to maintain available water in perpetuity
Prior to Issuance of Grading Permits
96. Turning Radius (Culdesac). Maximum cul-de-sac length shall not exceed 1320 feet.
Minimum outside turning radius on any cul-de-sac shall be 37-feet for single family
dwelling tracts and 45 feet for multi-family dwelling tracts. (CFC Chapter 5 along with the
Temecula City Ordinance 15.16.020).
97. All Weather Access Roads. Fire apparatus access roads shall be designed and
maintained to support the imposed loads of fire apparatus and shall be with a surface to
provide all-weather driving capabilities. Access roads shall be 80,000 lbs. GVW with a
minimum of AC thickness of .25 feet. In accordance with Section 3310.1, prior to building
construction, all locations where structures are to be built shall have fire apparatus access
roads. (CFC Chapter 5 and City Ordinance 15.16.020)
98. Access Road Widths. Fire Department vehicle access roads shall have an unobstructed
width of not less than 24 feet with an unobstructed vertical clearance of not less than 13
feet 6 inches. (CFC Chapter 5 and Temecula City Ordinance 15.16.020).
99. Gradient Of Access Roads. The gradient for fire apparatus access roads shall not exceed
15 percent(CFC Chapter 5 and City Ordinance 15.16.020).
Prior to Issuance of Certificate of Occupancy
100. Knox Box. All manual and electronic gates on required Fire Department access roads or
gates obstructing Fire Department access shall be provided with the Knox Rapid entry
system for emergency access by firefighting personnel (CFC Chapter 5)
101. File Format Requirements. A simple plot plan and a simple floor plan, each as an
electronic file of the .DWG format, must be submitted to the Fire Prevention Bureau.
Contact Fire Prevention for approval of alternative file formats which may be acceptable
PUBLIC WORKS DEPARTMENT
General Requirements
102. Unless otherwise noted, all conditions shall be completed by the Developer at no cost to
any Government Agency. 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 will subject the project to further
review and may require revision.
103. Developer shall execute a City Standard Subdivision Improvement Agreements for the
applicable phase of the development to install and secure with appropriate security as
provided by law, public improvements shown on the tentative map. These improvements
include, but are not limited to paving, base, signing & striping, sidewalks, curbs and
gutters, grading, clearing and grubbing, undergrounding or relocation of utilities, sewer,
water, fire hydrants, street lights, pedestrian ramps, drainage structures, and best
management practices for stormwater treatment, reconstruction, replacement and repair
of adjacent improvements where the subdivision transitions and connects to existing
improvements as applicable. Said improvements shall be installed to City Standards to
the satisfaction of the Director of Public Works.
104. Prior to approval of improvement plans or final map for each phase, Developer shall meet
with the Fire Marshal to determine if fire protection measures (fire flows, fire hydrant
locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed,
shall be considered public improvements and shall be served by public water mains to the
satisfaction of the Water District Engineer.
105. Prior to issuance of building permits for each phase, Developer shall underground all
existing overhead utilities along and within the subdivision boundary.
106. Developer shall cause Owner to waive direct access rights on the final map for all lots
abutting the Western Bypass Corridor Road.
107. Developer shall cause Owner to make an offer of dedication to the City and/or other
appropriate entities for the Sewer, Water and Storm Drainage easements shown on the
tentative map. The offer shall be made by a certificate on the final map. All land so offered
shall be free and clear of all liens and encumbrances and without cost to the City.
108. Additional drainage easements may be required. Developer shall dedicate and provide or
install drainage structures, as may be required by the Director of Public Works, prior to or
concurrent with any grading or building permit.
109. All utility systems such as electric, including those which provide direct service to the
project site and/or currently exist along public rights-of-ways adjacent to the site (except
electrical lines rated 33 kv or greater), gas, telephone, water, sewer, and cable TV shall
be placed underground, with easements provided as required, and designed and
constructed in accordance with City Codes and the utility provider.
110. Prior to the issuance of any grading permit, as deemed necessary by the Department of
Public Works, the Developer shall consult with the State of California Department of Fish
and Game, U.S. Army Corps of Engineers,and U.S. Fish and Wildlife Service to determine
if permits or approvals are necessary from such agencies for any action contemplated by
this proposal. Such consultation shall be in writing, and copies of said correspondence,
including responses from agencies, shall be submitted to the City. Where deemed
appropriate by the Director of Public Works, the terms, conditions, and recommendations
of the noted agencies shall be incorporated as Conditions of Approval into the areas of
development.
111. 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 the
Department of Public Works.
112. Landscaping and permanent irrigation facilities shall be installed with all street
improvements on and off-site grading. Perimeter walls, where required, shall be treated
with graffiti-resistant coating and shall be installed adjacent to street improvements within
each phase.
113. The Developer shall pay to the City the Public Facilities Development Impact Fee as
required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and
all Resolutions implementing Chapter 15.06, unless otherwise provided for by a written
agreement between the City and the Developer.
114. All development within this site shall be in accordance with the requirements of all City
ordinances, except as expressly modified herein or by development agreement, and State
laws, and shall conform to the approved Specific Plan. Regulations or procedures not
covered by the Specific Plan or appurtenant documents shall be subject to the City
ordinances in effect at the time entitlement is required.
115. Approval of this Specific Plan is contingent upon and shall not become effective nor shall
it vest until a General Plan Amendment (GPA) is approved by the City Council, and an
Environmental Impact Report (EIR) or any other environmental review under the
provisions of the California Environmental Quality Act (CEQA) are certified by the City
Council.
116. Prior to the issuance of a building permit, the Developer shall provide proof to the Director
from the Temecula Valley Unified School District that this project has satisfied its obligation
to comply with all school district requirements.
117. The first submittal of Final Landscape and Irrigation Plans for each phase shall be
pursuant to the landscape plan check process on file in the Planning Department and
accompanied by the project's building, improvement, and grading plans.
118. A detailed noise attenuation evaluation shall be conducted in a supplemental acoustical
study to be submitted when the tract map is filed with the appropriate agency.
119. Prior to the approval of a development plan or tentative map for individual planning areas,
the developer and City staff will review plans, especially for multi-family housing areas,
commercial uses, and parks for the provision of appropriate, necessary, and adequate
pedestrian and bicycle facilities.
120. Prior to approval of any development projects, appropriate clearances, conditions and
approvals from all agencies with jurisdiction on project review shall be obtained by the
developer. These agencies shall be determined by the Director of Planning and the
Director of Public Works.
121. Developer shall cause property owner to execute and submit to the Director of Public
Works for recordation, the City's standard form Geologic Failure Hold Harmless
Agreement.
122. The developer or the developer's successor-in-interest shall be responsible for
maintaining the undeveloped portion of the site including weed abatement, litter removal
and erosion control as applicable.
123. Prior to approval of any development projects, the developer shall investigate the
feasibility of a reclaimed water system,to irrigate landscaping within the roadway medians,
parkways, drainage channel, schools, the community park, the paseo park, neighborhood
parks, and other common open space areas. The developer shall provide evidence that
compliance with this condition is in accordance with Senate Bill 2095.
124. Developer shall provide to the Director of Public Works, an acceptable means, CC&Rs
and/or other recorded document, for maintaining the private easements within the
subdivision and all the private improvements (e.g. roads, driveways, sidewalks, utilities,
water quality treatment facilities and private storm drain improvements, etc.) located
therein and to distribute the costs of such maintenance in an equitable manner among the
owners of the properties within the subdivision.
125. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
126. All lighting shall be reviewed by the City to assure compliance with the Ordinance No. 655.
127. Any signs proposed for this development shall at a minimum be designed in conformance
with the City's Sign Ordinance and shall require review and approval of the Planning
Director prior to installation of such signs consistent with the Specific Plan.
Grading
128. No grading shall be permitted for any development area prior to tentative map approval
and issuance of grading permits for the specific area of development.
129. Grading plans and operations shall be in accordance with the Uniform Building Code, City
Grading Standards, the recommendations contained in the Geotechnical Report, or any
subsequent reports prepared for the project, the conditions of the grading permit, and
accepted grading construction practices and the recommendations and standards
specified in the Specific Plan and Environmental Impact Report(EIR) document.
130. Prior to issuance of any grading permit, erosion control plans shall be prepared in
conformance with applicable City Standards and subject to approval by the Department
of Public Works. The Developer shall post security and enter into an agreement
guaranteeing the grading and erosion control improvements as applicable.
131. Each subsequent application for a phase of development shall include a conceptual
grading plan to indicate at a minimum:
a) Preliminary quantity estimates for grading.
b) Techniques and methods which will be used to prevent erosion and sedimentation
during and after the grading process in compliance with the City Standards and
NPDES requirements.
c) Preliminary pad and roadway elevations.
d) Designation of the borrow or stockpile site location for import/export material.
e) Approximate time frames for development including the identification of areas which
will be graded during the rainy months.
f) Hydrology and hydraulic concerns and mitigations.
132. Major grading activities shall be scheduled during the dry season wherever possible, or
as otherwise approved by the Department of Public Works.
133. Soils stabilization, which may include revegetation of graded areas, shall occur within 30
days of completion of grading activities as directed by the Department of Public Works.
134. The site shall be watered during grading operations to control dust.
135. Temporary drainage and sediment control devices shall be installed as directed by the
Department of Public Works.
136. An import/export route shall be submitted to the Department of Public Works prior to
issuance of any grading permit. The plan shall include limitation to the duration of the
grading operation and construction activities, a Traffic Control Plan, and a daily time
schedule of operations.
137. Prior to issuance of any grading permit, a soils reports shall be submitted to the
Department of Public Works for review and approval, to address engineering, geologic,
seismic, and soils engineering concerns for each tentative map or commercial parcel map
for each phase of proposed development.
138. A Geotechnical Report shall be prepared by a registered engineer or engineering geologist
and submitted to the Department of public Works with the initial grading plan check. The
report shall address special study zones and identify any geotechnical hazards for the site
including location of faults and potential for liquefaction. The report shall include
recommendations to mitigate the impact of ground shaking and liquefaction.
139. All public streets shall be maintained and cleaned if necessary on a daily basis during
grading operation and construction activities. Cash deposit, letter of credit or posting of
bond to guarantee maintenance of all public rights-of-way affected by the grading
operations and construction activities, shall be posted prior to issuance of grading permits.
140. If subsequent Geotechnical and Soils Reports determine that dewatering of the site is
necessary during construction, necessary permits (ie. in compliance with NPDES permit)
shall be obtained from appropriate agencies prior to approval of the grading plans.
Drainage
141. Floodplain/Floodwav Development. If applicable, the developer shall comply with the
provisions of Title 15, Chapter 15.12 of the Temecula Municipal Code, which requires a
Conditional Letter of Map Revision (CLOMR) from FEMA. A FEMA-approved CLOMR
shall be submitted to Public Works for review and approval. The developer shall pay all
fees required by FEMA(and City)for processing of the FEMA reviews.
142. 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 as required by the City. 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.
143. Drainage and flood control facilities shall be provided in accordance with the requirements
of the City and/or Riverside County Flood Control and Water Conservation District
(RCFC&WCD).
144. Prior to approval of any subsequent development applications, the Developer shall submit
the master drainage plan to the City and RCFC&WCD to review the adequacy of the
proposed and existing downstream drainage facilities.
145. Drainage facilities within each phase shall be constructed immediately after the completion
of the site grading and prior to or concurrently with the initial site development within that
phase.
146. All drainage facilities shall be designed to convey 100-year storm flows, subject to the
approval of the Department of Public Works and RCFC&WCD, as applicable.
147. The Developer shall construct the proposed on and offsite drainage facility improvements
and the interim detention basin provision as recommended in the Specific Plan and
Drainage Study documents and/or as directed by the Department of Public Works and
RCFC&WCD, as applicable.
148. As required by the Department of Public Works, additional Hydrology and Hydraulic
Reports shall be submitted with subsequent tentative maps and/or development
applications to study the drainage impacts and analyze necessary measures to mitigate
the runoff created as part of the development of this project.
149. The Developer shall accept and properly dispose of all off-site drainage flowing onto or
through the site as required by the Director of Public works.
150. 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 drainage easements as necessary.
151. During review of any future tentative map, an updated geotechnical/geologic report shall
be prepared to include any necessary revisions to earthwork, foundation, design, and
construction recommendations.
152. 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.
153. Geological Report. The developer shall complete any outstanding County geologist's
requirements, recommendations and/or proposed Conditions of Approval as identified
during entitlement.
154. 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.
WQMP/ SWPPP
155. 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
156. Water Quality Management Plan (WQMP). The developer shall submit a final WQMP
(prepared by a registered professional engineer)with the initial grading plan submittal for
any phase approval by Public Works. A copy of the final project-specific WQMP must be
kept onsite at all times. Refer to the WQMP template and agreement link below:
http://www.cityoftemecula.org/Temecula/Government/PublicWorks/WQMPandNPDESM
QMP.htm
157. 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:
http://www.cityoftemecula.org/Temecula/Government/PublicWorks/engineeringconstman
ual.htm
158. O & M Agreement: The developer shall submit a completed WQMP Operation and
Maintenance (O&M) Agreement for review and approval
159. 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.
160. 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.cabml)handbooks.com for SWPPP guidelines.
Refer to the following link:
http://www.waterboards.ca.gov/water issues/programs/stormwater/construction.shtml
Circulation
161. Prior to Final Map recordation for each phase, the Developer is responsible to bond for or
construct the traffic signals at the project's accesses, as required, including the associated
street improvements, based on traffic signal warrants analysis relative to subsequent
tentative maps and/or development applications.
162. Adequate primary and secondary access shall be provided for each phase of development
as approved by the Department of Public Works. Access to and from developments areas
shall be reviewed by the Department of Public Works at the time of submittal of individual
tentative maps and/or development applications. Additional rights-of-way at entries to the
aforementioned sites may be required to provide for turning lanes as directed by the
Department of Public Works, consistent with the Specific Plan and the Tentative Tract
Map.
163. The exact location and number of access points shall be subject to review and approval
by the Department of Public Works upon future tentative map and/or development plan
approvals consistent with the Specific Plan and the Tentative Tract Map.
164. All street sections shall correspond with Typical Roadway Cross Sections and
requirements of the Circulation Element of City's General Plan, City ordinances and
standards or as approved with the Specific Plan and the Tentative Map.
165. All intersection intervals shall comply with City standards and requirements.
166. Developer, at its sole cost, shall design and improve Vincent Moraga Road to ensure that
all driveways providing access from to adjoining properties shall be allowed for safe
ingress and/or egress. Improvements may include, but not be limited to, truck
deceleration, acceleration and turn-in lanes. The improvements shall conform to the
standards adopted by the City of Temecula for public roadway and rights of way consistent
with the Specific Plan and the Tentative Tract Map.
167. Developer, at its sole cost, shall fund the acquisition and installation of traffic signals and
related roadway and right of way improvements, when warranted. The design and
installation shall conform to the standards adopted by the City of Temecula, consistent
with the Specific Plan and the Tentative Tract Map.
168. Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Engineering Standards. The limits of these sight distance corridors
shall be reflected on all improvement, grading, or landscape plans prepared in association
with the development. No structure, fence, wall, tree, shrub, sign, or other object may be
placed or permitted to encroach within the area identified as a sight distance corridor as
defined by City of Temecula Engineering Standards.
169. The Developer shall provide bus bays and shelters within the Specific Plan. Location and
number of bus bays shall be subject to approval of the City and Riverside Transportation
Agency (RTA). Additional rights-of-way dedications associated with bus bays shall be
provided by the Developer.
170. Developer shall provide the design of all private streets and drainage systems to the
satisfaction of the Director of Public Works. The structural section of all private streets
shall conform to City of Temecula Standards based on R-value tests. All private streets
and drainage systems shall be inspected by the City.
171. Necessary improvements have been/will be conditioned based on the project traffic
studies and the conceptual phasing plan shown in the Altair Specific Plan.Any substantive
re-phasing of the development must be approved by the Planning and Public Works
Director through a re-phasing application. Prior to the issuance of occupancy permits
within any phase, all on and offsite improvements as referred to in the Traffic Reports and
subsequent addenda along with additional requirements set herein,or as set by conditions
on individual tracts, must be constructed and/or bonded as required by the Department of
Public Works.
172. Ensuing Traffic Reports, analyzing traffic impacts associated with subsequent
development stages of the Specific Plan, shall be submitted to the Department of Public
Works to identify implementation and timing of the necessary improvements to mitigate
cumulative traffic impacts.
Traffic Mitigation Monitoring Program
173. The Traffic Mitigation Monitoring Program shall be established in compliance with the
approved mitigation measures identified in the approved Traffic Impact Analysis and shall
be completed prior to issuance of first occupancy permit in each additional phases of the
development as required by the Director of Public Works.
Water and Sewer
174. Water and sewer facilities shall be installed in accordance with the requirements and
specifications of the City, Rancho California Water District (RCWD), and Eastern
Municipal Water District(EMWD). Such requirements shall be applicable thru completion
of this development.
175. Prior to the approval of final engineering for each phase as subsequent development
applications,the Developer shall obtain written approval for the water system from RCWD.
176. Prior to the approval of final engineering for each phase subsequent development
applications, the Developer shall obtain written approval for the sewer system from
EMWD.
177. The Developer shall install potable water services and meters at locations approved by
the Water District Engineer. The locations of said services shall be reflected on public
improvement plans.
178. The Developer shall install sewer laterals and clean-outs at locations approved by the
Sewer District Engineer. The locations of sewer laterals shall be reflected on public
improvement plans.
Final Map Notes
179. Add the following notes to the final map as non-mapping data:
"All improvements within private Streets are privately owned and are to be privately
maintained with including but not limited to: Curbs, gutter, A.C. paving, street lights, storm
drains. All Storm Water treatment control facilities are considered private requiring private
maintenance."
Master HOA
180. Developer shall establish a Master homeowner's association and corresponding
covenants, conditions and restrictions (CC&Rs). Said CC&Rs shall be submitted to and
approved by the Planning Director prior to final map approval. Prior to issuance of a
building permit for a phase, the Developer shall provide the Planning Department with a
recorded copy of the official CC&Rs that have been approved by the Department of Real
Estate and the Planning Director. At a minimum, the CC&Rs shall contain the following
provisions:
d. General Enforcement by the City. The City shall have the right, but not the obligation,
to enforce those Protective Covenants set forth in this Declaration in favor of, or in
which the City has an interest.
e. Notice and Amendment. A copy of any proposed amendment shall be provided to
the City in advance. If the proposed amendment affects the City, City shall have the
right to reasonably disapprove. A copy of the final approved amendment shall be
transmitted to City within 30 days for the official record.
f. Failure of Association to Maintain Common Area Lots and Easements. In the event
that the Association fails to maintain the "Common Area Lots and/or the
Association's Easements," the City shall have the right, but not the duty, to perform
the necessary maintenance. If the City elects to perform such maintenance, the City
shall give written notice to the Association, with a copy thereof to the Owners in the
Project, setting forth with particularity the maintenance which the City finds to be
required and requesting the same be carried out by the Association within a period of
thirty (30) days from the giving of such notice. In the event that the Association fails
to carry out such maintenance of the Common Area Lots and/or Association's
Easements within the period specified by the City's notice, the City shall be entitled
to cause such work to be completed and shall be entitled to reimbursement with
respect thereto from the Owners as provided herein.
g. Special Assessments Levied by the City. In the event the City has performed the
necessary maintenance to either Common Area Lots and/or Association's
Easements, the City shall submit a written invoice to the Association for all costs
incurred by the City to perform such maintenance of the Common Area Lots and or
Association's Easements. The City shall provide a copy of such invoice to each
Owner in the Project, together with a statement that if the Association fails to pay
such invoice in full within the time specified, the City will pursue collection against the
Owners in the Project pursuant to the provisions of this Section. Said invoice shall be
due and payable by the Association within twenty (20) days of receipt by the
Association. If the Association shall fail to pay such invoice in full within the period
specified, payment shall be deemed delinquent and shall be subject to a late charge
in an amount equal to six percent(6%) of the amount of the invoice. Thereafter the
City may pursue collection from the Association by means of any remedies available
at law or in equity. Without limiting the generality of the foregoing, in addition to all
other rights and remedies available to the City, the City may levy a special
assessment against the Owners of each Lot in the Project for an equal pro rata share
of the invoice, plus the late charge. Such special assessment shall constitute a
charge on the land and shall be a continuing lien upon each Lot against which the
special assessment is levied. Each Owner in the Project hereby vests the City with
the right and power to levy such special assessment, to impose a lien upon their
respective Lot and to bring all legal actions and/or to pursue lien foreclosure
procedures against any Owner and his/her respective Lot for purposes of collecting
such special assessment in accordance with the procedures set forth in Article of this
Declaration.
h. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner
landscape maintenance responsibilities shall be as set forth on the "Developer
Responsibility Map" of the Specific Plan.
i. Lighting Restrictions on Private Residential Lots: Restrictions on lighting within
residential lots adjacent to open space conservation areas shall be as set forth in the
Specific Plan and Final EIR.
Prior to the Issuance of Grading Permits
181. Required Clearances. As deemed necessary by the Director of Public Works, the
developer shall receive written clearance when applicable, 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;
e. Riverside County Health Department;
f. City of Temecula Fire Prevention Bureau;
g. Planning Department;
h. Department of Public Works;
i. Community Services District;
j. Caltrans;
k. Rancho California Water District;
I. Eastern Municipal Water District;
m. Verizon;
n. Telephone Company;
o. Southern California Edison Company;
p. The Gas Company; and
q. Metropolitan Water District or other affected agencies
182. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal
Code (Habitat Conservation) by paying the appropriate fee set forth in that ordinance or
by providing documented evidence that the fees have already been paid or fee credits
have been provided.
183. Securities. For each of the phases, 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 grading and erosion & sediment control
improvements.
184. Area Drainage Plan (ADP) Fee to RCFC&WCD. For each phase, 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.
185. The developer shall provide proof to the Department of Public Works and Planning that
the conditions of any Wildlife Agency or Army Corps permits if necessary for any
restoration have been bonded for and shall be implemented consistent with the timing
requirements of the permits.
186. Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided in Altair Specific Plan and the
Development Agreement.
187. The project shall comply with the latest disabled access requirements pursuant to Title 24
of the California Building Code.
188. Based upon a review of the proposed grading and the grading quantities shown on the
tentative map, a grading permit for each phase of this project is required. Developer shall
apply for and obtain a grading permit from the Director of Public Works.
189. This project requires off site grading. No grading for any improvements shall occur outside
the limits of this approval unless Developer obtains, records, and submits a recorded copy
to the Director of Public Works a grading or slope easement or agreement from the owners
of the affected properties. If Developer is unable to obtain the grading or slope easement,
or agreement, no grading permit will be issued. In that case Developer must either apply
for and obtain an amendment of this approval or modify the plans so grading will not occur
outside the project and apply for and obtain a finding of substantial conformance from both
the Director of Public Works and Planning Director.
190. Encroachment Permits. Prior to commencement of any applicable construction,
encroachment permit(s) are required; and shall be obtained:
a. from Public Works for public offsite improvements;
b. from the California Department of Transportation if encroaching within their right-
of-way; and
c. from Riverside County Flood Control &Water Conservation District(RCFC&WCD)
if encroaching within their right-of-way.
191. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, Developer shall apply for and obtain approval from, the Director of
Public Works for the proposed haul route.
192. Upon completion of grading, Developer shall file an "as-graded" geologic plan with the
Director of Public Works. The plan shall clearly show all the geology as exposed by the
grading operation, all geologic corrective measures as actually constructed and must be
based on a contour map which represents both the pre and post site grading. The plan
shall be signed by both the soils engineer and the engineering geologist, and shall be
submitted on a 24"x 36" mylar or similar drafting film format suitable for a permanent
record.
Prior to the Issuance of Building Permits
193. Final Map. Final Map shall be approved and recorded for the applicable phase.
194. The developer shall provide proof to the Director of Public Works that the has contributed
its fair share towards regional traffic improvements systems (i.e., traffic impact fees) for
the area the area through a Development Agreement. This shall include efforts to
synchronize traffic lights on streets impacted by development of each phase.
195. Building permits will not be issued for this project unless the local agency providing water
and sewer services to the project provides written certification to the City that adequate
water service and sewer facilities, respectively, are available to the project at the time of
the application for the building permit, and that water and sewer capacity and facilities will
continue to be available until the time of occupancy.
Phasing
196. Construction of the development permitted by the Specific Plan, including recordation of
final subdivision maps, may be carried out in stages provided that, adequate vehicular
access is constructed for all dwelling units in each stage of development and further
provided that such development conforms substantially with the intent and purpose of the
Specific Plan Phasing Plan.
197. Development applications shall be submitted for each planning unit in each phase. Total
acreage and land uses within each phase shall be substantially in accordance with the
specifications of the Specific Plan.
198. The Developer shall be permitted to seek a reimbursement agreement for qualifying
facilities and improvements. The City and the Developer shall proceed in good faith to
allocate appropriate reimbursements to the Developer pursuant to the City's then
enforceable ordinance applicable to such reimbursement pursuant to Development
Agreement.
Tract Map 36959-1 (North Phase)
In addition to the above noted Conditions, the following improvements shall be completed as part
of North Phase and prior to 1St building permit in North Phase:
199. Acquisition of right-of-way on the east side of Vincent Moraga between Felix Valdez and
Rancho California Road and construction of the designed Western Bypass Corridor
northbound right turn lane improvements within this road segment.
200. Acquisition of right-of-way on the south side of Rancho California Road between Vincent
Moraga Drive and the Murrieta Creek Bridge and construction of all intersection
improvements within this road segment including an additional westbound left turn lane
on Rancho California Road to Vincent Moraga Drive.
201. Traffic signal and utility relocation where needed and construction of the ultimate build-out
of the Rancho California Road, Diaz Road and Vincent Moraga Drive intersection.
202. Construction of the designed onsite Western Bypass Corridor Phase 1 improvements from
the project's northern property line to the future Altair Vista intersection.
203. Construction of the Ridge Park Drive and Western Bypass Corridor intersection
improvements to provide left-turn ingress and right-in/right-out to Ridge Park Drive.
Developer shall construct one hundred percent (100%) of this Fair Share traffic
improvement.
204. Install Multi-Way Stop Controls at the First Street & Pujol Street intersection. Developer
shall construct one hundred percent(100%) of this Fair Share traffic improvement.
205. The following improvements shall be constructed as part of the North Phase and
completed prior to the earlier of, i) the 3501h building permit in North Phase, or ii) the 1 It
building permit in the Central Phase:
206. Acquisition of right-of-way on the west side of Vincent Moraga Drive between Felix Valdez
and Rancho California Road and construction of the designed Western Bypass Corridor
improvements within this road segment.
207. Acquisition of right-of-way on the east side and west side of Vincent Moraga Drive between
Felix Valdez and Ridge Park Drive and construction of the designed Western Bypass
Corridor improvements within this road segment.
208. Following the occupancy of both villages within this North Phase(Village A and Village B),
optimize Adaptive Traffic Signal Program at:
(a) Intersection of Old Town Front Street and Rancho California Road;
(b) Intersection of Ynez Road and Rancho California Road;
(c) including the collection of intersection traffic count data at affected intersections.
Tract Map 36959-2 (Central Phase)
In addition to the above noted Conditions, the following improvements shall be completed as part
of Central Phase and prior to 1St building permit in Central Phase:
209. Construction of the designed Coromell Trail road segment between Altair Vista and First
Street.
210. Installation of one(1)new left turn lane (re-stripe only), and modify signal operation, install
signal indications and necessary equipment at Ynez Road and Santiago Road.
211. Construction of traffic signals at the Pujol Street and First Street intersection. Developer
shall construct one hundred percent(100%) of this Fair Share traffic improvement.
212. The following improvements shall be constructed as part of the Central Phase and
completed prior to the issuance of any building permits on pads south of the Village C
Park:
a. Construction of the "A" Street vehicular bridge that crosses over the Village C
Park.
213. The following improvements shall be constructed as part of the Central Phase, shall
commence before the 700th building permit is issued in the project and completed prior to
the earlier of, i) the 950th building permit in the project, or ii) the 1 It
building permit in the
South Phase:
a. Construction of either the Western Bypass Bridge or construction of the
Western Bypass Corridor Phase 2 improvements (two (2) eastern lanes;
ultimate northbound) including parallel Class 1 bikeway. If requested by
Developer, City will allow for stockpiling of dirt on either Village G or the Nature
Center Parcel prior to grading permit issuance for the Civic Phase.
214. Following the construction of the Western Bypass Bridge and Phase 2 Road, optimize
Adaptive Traffic Signal Program at:
(a) Intersection of 1-15 northbound onramp and Temecula Parkway;
(b) Intersection of Temecula Parkway and Margarita Road;
(c) Intersection of Ynez Road and Santiago Road;
(d) including the collection of intersection traffic count data at these affected intersections.
Tract Map 36959-3 (South Phase)
215. In addition to the above noted Conditions, the following improvements shall be completed
as part of South Phase and prior to 1St building permit in South Phase:
a. Construction of both the Western Bypass Bridge and construction of the Western
Bypass Corridor Phase 2 improvements (two (2) eastern lanes; ultimate northbound)
including parallel Class 1 bikeway. If requested by Developer, City will allow for
stockpiling of dirt on either Village G or the Nature Center Parcel prior to grading permit
issuance for the Nature Center Phase.
b. Construction of traffic signal improvements at the Western Bypass Corridor and
Altair Vista intersection.
C. Construction of the designed "B" Street North road segment between Altair Vista
and the Western Bypass Corridor.
216. Following the completion of the villages in this South Phase (Village D, Village E and
Village F), optimize Adaptive Traffic Signal Program at:
(a) Intersection of 1-15 northbound onramp and Temecula Parkway;
(b) Intersection of Temecula Parkway and Margarita Road;
(c) Intersection of Ynez Road and Santiago Road;
(d) including the collection of intersection traffic count data at these affected
intersections.
Tract Map 36959 (Civic Phase)
217. In addition to the above noted Conditions, the following improvements shall be completed
as part of Civic Phase and prior to 1 st building permit in Civic Phase:
a. Construction of all remaining Western Bypass Corridor improvements (Phase 3
which includes 2 western lanes; southbound).
b. Construction of traffic signal improvements at the Western Bypass and "B" Street
intersection.
218. Following completion of both villages in this Civic Phase(Village G and Nature Center),
optimize Adaptive Traffic Signal Program at:
(a) Intersection of Old Town Front Street and Rancho California Road.
(b) Intersection of Ynez Road and Rancho California Road;
(c) Intersection of 1-15 northbound onramp and Temecula Parkway;
(d) Intersection of Temecula Parkway and Margarita Road;
(e) Intersection of Ynez Road and Santiago Road;
(f) including the collection of intersection traffic count data at these affected
intersections.
TEMECULA COMMUNITY SERVICES DEPARTMENT
General Requirements
219. If any of the following conditions of approval differ from the Specific Plan text or exhibits,
the conditions enumerated herein shall take precedent.
220. The current park dedication requirement (Quimby) shall be satisfied with the 5 acre
community park, the proposed private Parks that are HOA owned and maintained
including recreational areas identified in the Altair Specific Plan.
221. The actual design of the 5 acre community park in Central Phase shall be in substantial
conformance with the conceptual designs and guidelines identified within the Specific
Plan. Prior to submittal of construction plans, the developer shall meet with the Director
of Community Services to determine the location and specifications of the park amenities
to be provided on site. Construction plans and specifications must be approved by the
Director of Community Services.
222. All park plans submitted for consideration shall be in conformance with the City of
Temecula Landscape and Irrigation Specifications and Installation Details and the Park
Land and Landscape Dedication Process.
223. The design of the community park in Central Phase shall provide for pedestrian circulation
and access for the disabled throughout the park.
224. The developer, the developer's successor or assignee, or Master HOA shall be
responsible for all maintenance of the park sites and slopes/landscaping areas except as
defined in the Development Agreement, on Developer Responsibility Map.
225. The 5 acre community park shall be improved and dedicated to the City free and clear of
any liens, assessment fees, or easements that would preclude the City from utilizing the
property for public purposes. A policy of title insurance and a soils assessment report
shall also be provided with the conveyance of the property.
226. The developer may receive a credit against the park component of the City's Development
Impact Fee (DIF) based upon the actual cost of improving the community park in Central
Phase. The fee/credit issue shall be addressed pursuant to the execution of a
Development Agreement or a Park Improvement Agreement between the applicant and
the City prior to approval of the final map.