HomeMy WebLinkAbout01_023 PC ResolutionPCRESOLUTION NO. 2001-023
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TEMECULA DENYING THE APPEAL OF PLANNING
APPLICATION NO. PA01-0121 (TENTATIVE TRACT MAP
EXTENSION OF TIME), AND UPHOLDING THE DIRECTOR OF
PLANNING'S CONDITIONS OF APPROVAL FOR THE FIFTH AND
FINAL EXTENSION OF TIME FOR TENTATIVE TRACT MAP No.
23209, FOR 220 SINGLE FAMILY LOTS AND A PARK SITE
LOCATED EAST OF THE INTERSECTION OF LA SERENA WAY
AND WALCO'FI' WAY ALONG BUTTERFIELD STAGE KNOWN AS
ASSESSOR'S PARCELS NO. 957-250-009, 957-009-010, 957-250-
011, AND 957-250-013 THROUGH 957-250-027
WHEREAS, Ranpac Inc., initiated Planning Application No. PA01-0121 (Extension of Time),
in accordance with the City of Temecula General Plan and Development Code;
WHEREAS, Planning Application No. PA01-0 (Extension of Time) was processed including,
but not limited to public notice, in the timely manner prescribed by State and local law;
WHEREAS,'notice of the proposed Extension of Time was posted at City Hall, Temecula
Library, Pujol Street Community Center, and the Temecula Valley Chamber of Commerce;
WHEREAS, the Director of Planning considered Planning Application No. PA01-0121
(Extension of Time) on May 24, 2001, 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 or
opposition to this matter;
WHEREAS, at the conclusion of the Director's hearing and after due consideration of the
testimony, the Director approved PA01-0121 (Extension of Time) with conditions;
WHEREAS, an Appeal of the Conditions of Approval was filed on June 4, 2001 requesting
that Planning Application No. PA01-0121 (Extension of Time - Appeal) be brought before the
Planning Commission for their consideration;
WHEREAS, the Planning Commission received a copy of the Director's Hearing proceedings
and Staff Reports regarding Planning Application No. PA01-0121 (Extension of Time); and,
WHEREAS, the Planning Commission conducted a public hearing pertaining to Planning
Application No. PA01-0121 (Extension of Time - Appeal) on July 11,2001, at which time interested
persons had an opportunity to, and did testify either in support or opposition to Planning Application
No. PA01-0121;
WHEREAS, at the conclusion of the Commission hearing and after due consideration of the
testimony, the Commission voted to deny the appeal of Planning Application No. 01-0121
(Extension of Time - Appeal) upholding the Director of Planning's approval as conditioned;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
R:\E O T~2.001\01-0121 TM 23209~Appeal Report.doc
5
Section 1. That the above recitations are true and correct and are hereby incorporated by
reference.
Section 2. Environmental Compliance. A Notice of Exemption for Planning Application No.
01-0121 was made per the California Environmental Quality Act Guidelines Section 15162. This
section applies when a Negative Declaration has been previously adopted and there are no
substantial changes to the project; no new significant environmental effects requiring revision of the
Negative Declaration; and the Negative Declaration is deemed adequate for the project being
considered.
Section 3. Findings. The Planning Commission, in approving Planning Application No. 01 -
0121 hereby concludes that the original findings for Tentative Tract Map 23209 still apply.
Section 4. Conditions. That the City of Temecula Planning Commission, in denying the
Appeal, hereby approves Planning Application No. 01-0121 for an Extension of Time for Tentative
Tract Map No. 23209, for 220 single family lots and a park site located east of the intersection of La
Serena Way and Walcott Way along Butterfield Stage Road as conditioned at the Director's
Hearing. The Conditions of Approval are contained in Exhibit A.
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning
Commission this 11th day of July, 2001.
Ron Gu&riero/, ~'hair~erson
ATTEST:
Debbie Ubnoske, Secretary
{SEAL:}
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that
PC Resolution No. 01-023 was duly and regularly adopted by the Planning Commission of the City
of Temecula at a regular meeting thereof held on the 11th day of July, 2001, by the following vote:
AYES:
3 PLANNING COMMISSIONERS: Chiniaeff, Olhasso, and Guerriero
NOES: 1
PLANNING COMMISSIONERS: Telesio
ABSENT: 0 PLANNING COMMISSIONERS: None
ABSTAIN: I PLANNING COMMISSIONERS: Mathewson
Debbie Ubnoske, Secretary
R:~E O T~001',01-0121 TM 23209~Appeal Report.doc
6
EXHIBIT A
PLANNING APPLICATION NO. PA01-0121
FIFTH EXTENSION OF TIME
JUNE 9, 2001
CONDITIONS OF APPROVAL
R:~E O T~?.O01~01-0121 TM 23209~Appeal Report.doc
7
CITY OF TEMECULA
CONDITIONS OF APPROVAL
AMENDED FINAL COPY
(Approved as part of Extension of Time) - PA01-0121
Tentative Tract Map No: 23209
Project Description: 221 Lot residential subdivision on 80 acres, zoned LM (Low Medium
Density Residential).
Assessor's Pamel No.: 914-310-018 through 032
PLANNING DEPARTMENT
The tentative subdivision shall comply with the State of California Subdivision Map Act
and to all the requirements of Ordinance 460, Schedule A, unless modified by the
conditions listed below. A time extension may be approved in accordance with the State
Map Act and City Ordinance, upon written request, if made 30 days prior to the
expiration date.
2. This conditionally approved tentative map will expire two years after the approval date,
unless extended as provided by Ordinance 460. The expiration date is June 9, 2002.
3. Any delinquent property taxes shall be paid prior to recordation of the final map.
4. Legal paved access .as required by Ordinance 460 and the Department of Public Works
shall be provided from the tract map boundary to a City maintained road.
Subdivision phasing, including any proposed common open space area improvement
phasing, if applicable, shall be subject to Planning Department approval. Any proposed
phasing shall provide for adequate vehicular access to all lots in each phase, and shall
substantially conform to the intent and purpose of the subdivision approval.
All slopes over three (3) feet in height shall be landscaped and irrigated according to the
City Development Code. A detailed landscaping and irrigation plan, prepared by a
qualified professional, shall be submitted to the City Planning Department for review and
approval prior to issuance of grading permits.
The applicant shall comply with the environmental health recommendations outlined in
the County Health Department's transmittal dated January 7, 1992 a copy of which is
attached.
8. The applicant shall comply with the fire improvement recommendations outlined in the
County Fire Department's letter dated October 9, 1991 a copy of which is attached.
9. All proposed construction shall comply with the California Institute of Technology,
Palomar Observatory Outdoor Lighting Policy, as outlined in the Southwest Area Plan.
R:~I~ O T~01-0121 TM 23209~DH staff report.doc
3
10. The applicant shall comply with the recommendations outlined in the Rancho California
Water District transmittal dated December 19, 1991, a copy of which is attached,
11, Lots createdby this subdivision shall comply with the following:
Ao
Lots created by this subdivision shall be in conformance with the development
standards of the City's LM zone.
Graded but undeveloped land shall be maintained in a weed-free condition and
shall be either planted with interim landscaping or provided with other erosion
control measures as approved by the Department of Public Works.
12, The developer shall be responsible for maintenance and upkeep of all slopes,
landscaped areas and irrigation systems until such time as those operations are the
responsibilities of other parties as approved by the Planning Director, Temecula
Community Services District.(Changed per the Planning Commission meeting on March
16, 1992).
13. Prior to recordation of the final map, an Environmental Constraints Sheet (ECS) shall be
prepared in conjunction with the final map to delineate identified environmental concerns
and shall be permanently filed with the office of the City Engineer, A copy of the ECS
shall be transmitted to the Planning Department for review and approval. The approved
ECS shall be forwarded with copies of the recorded final map to the Planning
Department and the Department of Building and Safety.
The following note shall be placed on the Environmental Constraints Sheet:
"This property is located within thirty (30) miles of Mount Palomar Observatory,
All proposed outdoor lighting systems shall comply with the California Institute of
Technology, Palomar Observatory.
14. Prior to the issuance of GRADING PERMITS the following conditions shall be satisfied:
Pdor to the issuance of grading permits detailed common open space area
landscaping and irrigation plans shall be submitted for Planning Department
approval for the phase of development in process. The plans shall be certified by
a landscape architect, and shall provide for the following:
Permanent automatic irrigation systems shall be installed on all
landscaped areas requiring irrigation.
Landscape screening where required shall be designed to be opaque up
to a minimum height of six (6) feet at maturity.
All utility service areas and enclosures shall be screened from view with
landscaping and decorative barriers or baffle treatments, as approved by
the Planning Director. Utilities shall be plaCed underground,
Parkways shall be landscaped to provide visual screening or a transition
into the primary use area of the site. Landscape elements shall include
R:XE O T~01-0121 TM 23200~DH staff report,doc
4
earth berming, ground cover, shrubs and specimen trees. Front yards
shall be landscaped and street trees planted.
Wall plans shall be submitted for the project perimeter and along La
Serena Way. Wooden fencing shall not be allowed on the perimeter of
the project. All lots with slopes leading down from the lot shall be
provided with gates in the wall for maintenance access.
Landscaping plans shall incorporate the use of specimen accent trees at
key visual focal points within the project.
Where street trees cannot be planted within right-of-way of interior streets
and project parkways due to insufficient road right-of-way, they shall be
planted outside of the road right-of-way.
Landscaping plans shall incorporate native and drought tolerant plants
where appropriate.
All existing specimen trees and significant rock outcroppings on the
subject property shall be shown on the project's grading plans and shall
note those to be removed, relocated and/or retained.
All trees shall be minimum double staked. Weaker and/or slow growing
trees shall be steel staked,
Any oak trees removed with four (4) inches or larger trunk diameters shall
be replaced on a ten (10) to one (1) basis as approved by the Planning
Director. Replacement tress shall be noted on approved landscaping
plans.
If the project is to be phased, prior to the approval of grading permits, an
overall conceptual grading plan shall be submitted to the Planning
Director for approval. The plan shall be used as a guideline for
subsequent detailed grading plans for individual phases of development
and shall include the following:
Techniques which will be utilized to prevent erosion and
sedimentation during and after the grading process.
Approximate time frames for grading and identification of areas
which may be graded during the higher probability rain months of
January through March.
3. Preliminary pad and roadway elevations.
4. Areas of temporary grading outside of a particular phase.
R:'~E O 1~01-0121 TM 2320~DH staff
All cut slopes located adjacent to ungraded natural terrain and exceeding
ten (10) feet in vertical height shall be contour-graded incorporating the
following grading techniques:
The angle of the graded slope shall be gradually adjusted to the
angle of the natural terrain.
Angular forms shall be discouraged. The graded form shall reflect
the natural rounded terrain.
The toes and tops of slopes shall be rounded with curves with
radii designed in proportion to the total height of the slopes where
drainage and stability permit such rounding.
Where cut or fill slopes exceed 300 feet in horizontal length, the
horizontal contours of the slope shall be curved in a continuous,
undulating fashion.
Prior to the issuance of grading permits, the developer shall provide
evidence to the Department of Public Works that all adjacent off-site
manufactured slopes have recorded slope easements and that slope
maintenance responsibilities have been assigned as approved by the
n~,....,,~,..., ^~ D,,~.,,. ~^~.~ Temecula Community Services District.
(Changed at the Planning Commission meeting on March 16, 1992).
Prior to the issuance of a grading permit, the applicant shall comply with
the provisions of Ordinance No. 663 by paying the appropriate fee set
forth in that ordinance. Should Ordinance No. 663 be superseded by the
provisions of a Habitat Conservation Plan prior to the payment of the fee
required by Ordinance No. 663, the applicant shall pay the fee required
by the Habitat Conservation Plan as implemented by County ordinance or
resolution.
15. Prior to the issuance of grading permits, a qualified paleontologist shall be. retained by
the developer for consultation and comment on the proposed grading with respect to
potential paleontological impacts. Should the paleontologist find the potential is high for
impact to significant resoumes, a pre-grade meeting between the paleontologist and the
excavation and grading contractor shall be arranged. When necessary, the
paleontologist or representative shall have the authority to temporarily divert, redirect or
halt grading activity to allow recovery of fossils.
16. Prior to the issuance of BUILDING PERMITS the foliowing conditions shall be satisfied:
No building permits shall be issued by the City for any residential lot/unit within
the project boundary until the developer's successor's-in-interest provides
evidence of compliance with public facility financing measures. A cash sum of
one-hundred dollars ($100) per lot/unit shall be deposited with the City as
mitigation for public library development.
R:~E O T~01-0121 TM 2320~DH staff report, doc
6
Pdor to the submittal of building plans to the Department of Building and Safety
an acoustical study shall be performed by an acoustical engineer to establish
appropriate mitigation measures that shall be applied to individual dwelling units
within the subdivision to reduce ambient intedor noise levels to 45 Ldn.
All building plans for all new structures shall incorporate, all required elements
from the subdivision's approved fire protection plan as approved by the County
Fire Marshal.
All dwellings to be constructed within this subdivision shall be designed and
constructed with fire retardant (Class A) roofs as approved by the Fire Marshal.
Roof-mounted mechanical equipment shall not be permitted within the
subdivision, however solar equipment or any other energy saving devices shall
be permitted with Planning Department approval,
F. Roof-mounted equipment shall be shielded from view of surrounding properly.
Building separation between all buildings including fireplaces shall not be less
than ten (10) feet.
H. All street side yard setbacks shall be a minimum of ten (10) feet.
I. All front yards shall be provided with landscaping and automatic irrigation.
17. Prior to the issuance of first OCCUPANCY PERMITS or model home the following
conditions shall be satisfied: (Revised at the Planning Commission meeting on March
16, 1992).
All landscaping and irrigation shall be installed in accordance with approved
plans prior to the issuance of occupancy permits. If seasonal conditions do not
permit planting, interim landscaping and erosion control measures shall be
utilized as approved by the Planning Director and the Director of Building and
Safety.
All landscaping and irrigation shall be installed in accordance with approved
plans and shall be verified by City field inspection.
Not withstanding the preceding conditions, wherever an acoustical study is
required for noise attenuation purposes, the heights of all required walls shall be
determined by the acoustical study where applicable.
cf ~ '
........ ~ (St t the g C eting
· D~""";'~"._.., .,, .~ -,.n;'"'~"'vv.v, *"',v, -.~. ...... ruck a Plannin ommission me on
March 16, 1992).
R:~E O T~I-0121 TM 23209~DH $~,ff repo~doc
7
18.
Prior to the issuance of grading permits, or any use allowed by this entitlement, the
developer shall submit to the Planning Department for review, a copy of all required
agency clearances, a~d/or a biology study focusing on any, and all listed or endangered
species. The report(s) shall contain but not be limited to information relative to quality,
density, and extent of occupied habitat. In addition, the developer shall comply with any
processes required to mitigate the potential disturbance of any species or habitat.
19.
The subdivider shall defend, indemnify, and hold harmless the City of Temecula, its
agents, officer, and employees from any claim, action, or proceeding against the City of
Temecula or its agents, officer, or employees to attach, set aside, void, or annul an
approval of the City of Temecula, its advisory agencies, appeal boards or legislative
body concerning Tentative Tract Map No. 23209, which action is brought within the time
period provided for in California Government Code Section 66499.37. The City of
Temecula will promptly notify the subdivider of any such claim, action, or proceeding
against the City of Temecula and will cooperate fully in the defense. If the City fails to
promptly notify the subdivider of any such claim, action, or proceeding or fails to
cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to
defend, indemnify, or hold harmless the City of Temecula.
20. The developer shall make a good faith effort to acquire the required off-site property
interests, and if he or she should fail to do so, the developer shall at least 120 days prior
to submittal of the final map for approval, enter into an agreement to complete the
improvements pursuant to Government Code Section 66462 at such time as the City
acquires the property interests required for the improvements. Such agreement shall
provide for payment by the developer of all costs incurred by the City to acquire the off-
site property interests required in connection with the subdivision. Security of a portion
of these costs shall be in the form of a cash deposit in the amount given in an appraisal
report obtained by the developer, at the developer's cost. The appraiser shall have been
approved by the City prior to commencement of the appraisal.
21. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be
provided for underground, with easements provided as required, and designed and
constructed in accordance with City Codes and .the utility provider. Telephone, cable
TV, and/or security systems shall be pre-wired in the residence.
22. All utilities, except electrical lines rated 33ky or greater, shall be installed underground.
COVENANTS, CONDITIONS AND RESTRICTIONS/RECIPROCAL ACCESS EASEMENTS:
23. The Covenants, Conditions and Restrictions (CC&R's) shall be reviewed and approved
by the Planning Department prior to final approval of the tract maps. The CC&R's shall
include liability insurance and methods of maintaining the open space, recreation areas,
parking areas, private roads, and exterior of all buildings.
24. No lot or dwelling unit in the development shall be sold unless a corporation, association,
property owner's group, or similar entity has been formed with the right to assess all
properties individually owned or jointly owned which have any rights or interest in the
use of the common areas and common facilities in the development, such assessment
power to be sufficient to meet the expenses of such entity, and with authority to control,
R:~E O 'I~)1-0121 TM 23209~DH staff report.doc
8
and the duty to maintain, all of said mutually available features of the development.
Such entity shall operate under recorded CC&R's which shall include compulsory
membership of all owners of lOts and/or dwelling units and flexibility of assessments to
meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall
permit enforcement by the City of Provisions required by the City 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.
25. Maintenance for all landscaped and open areas, including parkways, shall be provided
· for in the CC&R's.
26. Every owner of a dwelling unit or lot shall own as an appurtenance to such dwelling unit
or lot, either (1) an undivided interest in the common areas and facilities, or (2) as share
in the corporation, or voting membership in an association, owning the common areas
and facilities.
27.
All existing specimen trees on the subject property shall be preserved wherever feasible.
Where they cannot be preserved they shall be relocated or replaced with specimen trees
as approved by the Planning Director.
28. Any oak trees removed with four (4) inch or larger trunk diameters shall be replaced on a
ten (10) to one (1) basis as approved by the Planning Director.
. . (Struck at the Planning Commission meeting on March 16,
1992}.
30. W~hin fo~-eight (48) hours of the approval of the proje~, the applicanFdeveloper shall
deliver to the Planning Depa~ment a cashiers check or money order payable to the
Coun~ Clerk in the amount of One Thousand, Two Hundred, Seven~-Five Dollars
($1,275.00), which includes the One Thousand, Two Hundred, Fi~ Dollars ($1,250.00)
fee, in compliance with AB 3158, r~uired by Fish and Game ~de Se~ion 711.4(d)(2)
plus the Twen~-Five Dollar ($25.00) Coun~ administrative fee to enable the Ci~ to file
the Notice of Dete~ination required under Public Resources Code Section 21152 and
14 Cai. C~e of Regulations 15075. If w~hin such fo~-eight (48) hour period the
appli~nFdeveloper has not delivered to the Planning DepaAment the check r~uired
above, the approval for the proje~ granted herein shall be void by reason of failure of
condition, Fish and Game Code Section 711.4(c).
R:~ O T~i .0121 3~1 23209~DH staff re3mrCdoc
9
31. Prior to the issuance of the 75th certificate of occupancy for the entire project area, the
applicant shall have completed to the satisfaction of the r,v_......_...., ......
Temecula Community Services District all park site improvements relevant to Lot No.
221 of Tentative Tract Map No. 23209. (Revised at the Planning Commission meeting
on March 16, 1992).
32. Prior to the Issuance of any occupancy permits the developer shall submit to the
City a disclosure statement for the tract area which identifies the potential future
impact of noise associated with the potential placement of wind machines at the
adjacent vineyard. Said disclosure shall Inform buyers that rights to protest have
been waived by the developer. Said document shall be subject to the approval of
the Planning Director and the City Attorney. Said approval shall be obtained prior
to the issuance of occupancy permits. The City will require that said document
will be submitted to and signed in agreement by future residential occupants.
(Added at the Planning Commission meeting on Mamh 16, 1992).
DEPARTMENT OF PUBLIC WORKS
The following are the Department of Public Works Conditions of Approval for this project, and
shall be completed at no cost to any Government Agency. Ail questions regarding the true
meaning of the conditions shall be referred to the appropriate staff person of the Department of
Public Works.
It is understood that the Subdivider has correctly shown on the tentative map all existing and
proposed easements, traveled ways, improvements constraints and drainage courses, and their
omission may require the project to be resubmitted for further review and revision.
PRIOR TO RECORDATION OF THE FINAL MAP:
33. 'Prior to recordation of the final map, an Assessment District or other public financing
mechanism shall be established to address access to the area ~'-~'~ ~""" Butterfield
Stage Road and Nicholas Road. The Subdivider shall participate in and pay for its fair
share of any such Assessment District or other public financing mechanism formed to
provide the improvements," (Amended at City Council August 11, 1992)'
34. As deemed necessary by the Department of Public Works, the developer shall receive
written clearance from the following agencies:
Rancho California Water District;
Eastern Municipal Water District;
Riverside County Flood Control district;
City of Temecula Fire Bureau;
Planning Department;
Department of Public Works;
Riverside County Health Department;
CATV Franchise;
Parks and Recreation Department; and
Metropolitan Water District.
R:~E O '~01-0121 TM 2320eADH staff report.doc
10
35. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of
an existing Assessment District Must comply with the requirements of said section.
36. All road easements and/or street dedications shall be offered for dedication to the public
and shall continue in force until the City accepts or abandons such offers. All
dedications shall be free from all encumbrances as approved by the Department of
Public Works.
37. The former Walcott Land alignment shall be used by the TCSD as a pedestrian access
and landscaped parkway in conjunction with the adjacent public park site. Provision
shall also be made for right of way dedication to provide for the remainder of the cul-de-
sac bulb for Leigh Lane. Developer shall improve the former section of Walcott Lane as
part of the park improvements within Lot No. 221.
38. Streets 'A', 'B', "C", 'D', "E', 'G', 'H', 'J", 'K', "L', "M", 'N" and 'O" shall be improved
with 40 feet of asphalt concrete pavement, or bonds for the street improvements may be
posted, within the dedicated right-of-way in accordance with City Standard No. 104,
Section A (60'/40').
39. Streets 'F" and "1" shall be improved with 36 feet of asphalt concrete pavement, or
bonds for the street improvements may be posted, within the dedicated right-of-way in
acCordance with City Standard NO. 105, Section A (60736').
40.
Improve Walcott Lane (Modified Principal Collector Highway Standards - 70' R/W) to
include dedication of street right-of-way, installation of street improvements, paving, curb
and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities
(including but not limited to water and sewer).
41.
Improve La Serena Way (Secondary Highway Standards - 88' R/W) to include dedication
of street right-of-way, installation of street improvements, paving, curb and gutter,
sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not
limited to water and sewer).
42.
Improve Butterfield Stage Road (Arterial Highway Standards - 110' R/W) to include
dedication'of half-width street right-of-way, installation of half-width street improvements
plus one 12' lane, paving, curb and gutter, sidewalk, street lights, drainage facilities,
signing and striping, utilities (including but not limited to water and sewer), raised
landscaped median. The design shall conform to the vertical alignment approved by City
Council on November 12, 1991.
43. Standard cul-de-sacs and knuckles and offset cul-de-sacs shall be constructed
throughout the land division.
44. The subdivider shall provide/acquire sufficient public offsite rights-of-way to provide for
primary and secondary access road(s) to a paved and maintained road. Said access
read(s) shall be constructed in accordance with City Standard No. 106, Section B.
(32'/60') at a grade and alignment approved by the Department of Public Works. Said
offsite access roads shall include, but not' be limited to, the southerly and easterly
R:~E O T~OI-OI21 TM 23209~DH staff ~port.doc
II
extensions of Butterfield Stage Road to Rancho California Road or as approved by the ~-'~
Department of Public Works.
45. East and west bound left turn lanes shall be provided on La Serena Way at the
intersections with Walcott Lane, Street 'B' and Butterfield Stage Road as approved by
the Department of Public Works.
46. Vehicular access shall be restricted on Butterfield Stage Road and La Serena Way and
so noted on the final map with the exception of street intersections and driveways as
approved by the Department of Public Works.
47. Corner property line cut off shall be required per Riverside County Standard No. 805.
48. Minimum lot frontages along the cul-de-sacs and knuckles shall be 35 feet.
49. Easements, when required for roadway slopes, landscape easements, drainage
facilities, utilities, etc., shall be shown on the final map if they are located within the land
division boundary. All offers of dedication and conveyances shall be submitted and
recorded as directed by the Department of Public Works.
50. A declaration of Covenants, Conditions and Restrictions (CC&R's) shall be prepared by
the developer and submitted to the Director of Planning, City Engineer and City Attorney.
The CC&R's shall be signed and acknowledged by all parties having any record title
interest in the property to be developed, shall make the City a party thereto, and shall be
enfomeable by the City. The CC&R's shall be reviewed and approved by the City and
recorded. The CC&R's shall be subject to the following Engineering conditions:
A. The CC&R's shall be prepared at the developer's sole cost and expense.
The CC&R's shall be in the form and content approved by the Director of
Planning, City Engineer and the City Attorney, and shall include such provisions
as are required by this approval and as said officials deem necessary to protect
the interest of the City and its residents.
The CC&R's and Articles of Incorporation of the Property Owner's Association
are subject to the approval of Planning, Department of Public Works, and the City
Attorney. They shall be recorded concurrent with the final map. A recorded copy
shall be provided to the City.
The CC&R's shall provide for the effective establishment, operation,
management, use, repair and maintenance of all common areas, drainage and
related facilities.
The CC&R's shall provide that the property shall be developed, operated and
maintained so as not to create a public nuisance.
The CC&R's shall provide that if the property is not maintained in the condition
required by the CC&R's, then the City, after making due demand and giving
reasonable notice, may enter the property and perform, at the owner's sole
expense, any maintenance required thereon by the CC&R's or the City
R:~E O T~l-0121 TM 2320OADH $~aff report.doc
12
ordinances. The property shall be subject to a lien in favor of the City to secure
(~ such not promptly reimbursed.
any
expense
The declaration shall contain language 'prohibiting further subdivision of
any lots, whether they are lettered lots or numbered lots.
All parkways, open areas, and landscaping shall be permanently
maintained by the association or other means acceptable to the City.
Such proof of this maintenance shall be submitted to Planning and the
Department of Public Works prior to issuance of building permits.
Reciprocal access easements and maintenance agreements ensuring
access to all pamels and joint maintenance of all reads, drives or parking
areas shall be provided by CC&R's or by deeds and shall be recorded
concurrent with the map, or prior to the issuance cf building permit where
no map is involved.
51. The subdivider shall construct or post security and an agreement shall be executed
guaranteeing the construction of the following public improvements in conformance with
applicable City standards.
Street improvements, including, but not limited to: pavement, curb and gutter,
medians, sidewalks, drive approaches, street lights, signing, striping, and other
traffic control devices as appropriate.
B. Storm drain facilities.
C. Landscaping (street and parks).
Sewer and domestic water systems.
All trails, as required by the City's Master Plans.
F. Undergrounding of proposed utility distribution lines.
52. The street design and improvement concept of this project shall be coordinated with
adjoining developments.
53. Street lights shall be provided along streets adjoining the subject site in accordance with
the requirements of Ordinance No. 461 and as appi'oved by the Department of Public
Works.
54. Prior to recordation of the final map, the developer shall deposit with the Department of
Public Works a cash sum as established, per lot, as mitigation towards traffic signal
impacts. Should the developer choose to defer the time of payment of traffic signal
mitigation fee, he may enter into a written agreement with the City deferring said
payment to the time of issuance of a building permit.
55. Street names shall be subject to the approval of the Building and Safety Department.
O TOI-0121 TM 23209~DH staff repmt.doc
13
56. The minimum centerline radii shall be 300 feet or as approved by the Department of
Public Works,
57. All street and driveway centerline intersections shall be at 90 degrees or as approved by
the Department of Public Works,
58.
Improvement plans shall be based upon a centerline profile extending a minimum of 300
feet beyond the project boundaries at a grade and alignment as approved by the
Department of Public Works.
59. A minimum centerline street grade shall be 0.50 pement.
60.
All driveways shall conform to the applicable City of Temecula standards and shall be
shown on the street improvement plans in accordance with City Standard 207 and 401
(curb sidewalk).
61. All driveways shall be located a minimum of two (2) feet from the side property line. A
minimum of 4 feet of full height curb shall be constructed between driveways.
62. The minimum garage setback shall be 30 feet measured from the face of curb.
63. The subdivider shall submit two (2) prints of a comprehensive grading plan to the
Department of Public Works. The plan shall comply with the Uniform Building Code,
Chapter 70, and as may be additionally provided for in these Conditions of Approval.
The plan shall be drawn on 24" x 36" mylar by a Registered Civil Engineer. Letters of
permission from adjacent owners shall be provided for all offsite grading work.
64. A geological report shall be prepared by a qualified engineer or geologist and submitted
as directed by the Department of Public Works at the time of application for grading plan
check. All work shall be in conformance with the County Geologist's letter dated April
28, 1989, and any subsequent amendments.
65. The subdivider shall submit two (2) copies of a soils report to the Department of Public
Works. The report shall address the soils stability and geological conditions of the site.
66. A drainage study shall be submitted to and approved by the Department of Public
Works. All drainage facilities shall be installed as required by the Department of Public
Works.
67.
On-site drainage facilities, located outside of road right-of-way, shall be contained within
drainage easements shown on the final map. A note shall be added to the final map
stating "Drainage easements shall be kept free of buildings and obstructions."
68.
A drainage easement shall be obtained from the affected property owners for the release
of concentrated or diverted storm flows onto the adjacent property. A copy of the
recorded drainage easement shall be submitted to the City for review prior to the
recordation of the final map.
R:~E O T~0I-0121 ~ 23209~DH staffreport.doc
14
69. A copy of the improvement plans, grading plans and final map, along with supporting
hydrologic and hydraulic calculations should be submitted to the Riverside County Flood
Control District for review.
70. The subdivider shall accept and properly dispose of all off-site drainage flowing onto or
through the site. In the event the Department of Public Works permits the use of streets
for drainage purposes, the provisions of Article XI of Ordinance No. 460 will apply.
Should the quantities exceed the street capacity, or use of streets be prohibited for
drainage purposes, the subdivider shall provide adequate facilities as approved by the
Department of Public Works.
71. The subdivider shall protect downstream properties from damages caused by alteration
of the drainage patterns; i.e., concentration or diversion of flow. Protection shall be
provided by constructing adequate drainage facilities, including enlarging existing
facilities or by securing a drainage easement.
72. The developer shall record an Environmental Constraint Sheet delineating areas of
identified environmental concerns and shall be permanently filed with the Department of
Public Works.
73. Prior to final map, the subdivider shall notify the City's CATV Franchises of the Intent to
Develop. Conduit shall be installed to CATV Standards at time of street improvements.
74. Ahern Lane (66' R/W) to include dedication of street right-of-way, installation of street
improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing
and striping, utilities (including but not limited to water and sewer).
PRIOR TO ISSUANCE OF GRADING PERMITS:
75.
Prior to issuance of a grading permit, developer must obtain a National Pollutant
Discharge Elimination System (NPDES) permit from the State Water Resources Control
Board. No grading shall be permitted until a NPDE$ permit is granted or the project is
shown to be exempt.
76. Prior to any work being performed in public right-of-way, fees shall be paid and an
encroachment permit shall be obtained from the Department of Public Works.
77. Prior to any work being performed on the private streets or drives, fees shall be paid and
a construction permit shall be obtained from the Department of Public Works.
78. A grading permit shall be obtained from the Department of Public Works prior to
commencement of any grading outside of the City-maintained road right'of-way.
79. No grading shall take place prior to the improvement plans being substantially cOmplete,
appropriate clearance letters have been obtained, and approval of the grading plan has
been granted by the Department of Public works.
R:~E O'1~01-0121 TM 23209~DH
IS
80. If grading is to take place between the months of October and April inclusive, erosion
control and runoff mitigation plans will be required. All plans shall be submitted with
appropriate notes as directed and approved by the Department of Public Works.
81. All lot drainage shall be to the street by side yard drainage sWales independent of any
other lot.
82. A flood mitigation charge shall be paid. The charge shall equal the prevailing Area
Drainage Plan fee rate multiplied by the area of new development. The charge is
payable to the Flood Control District prior to issuance of permits. If the full Area
Drainage Plan fee or mitigation charge has already credited to this property, no new
charge needs to be paid.
83. A permit from the County Flood Control District is required for work within their right-of-
way.
PRIOR TO BUILDING PERMIT:
84.
A precise grading plan shall be submitted to the Department of Public Works for review
and approval. The building pad shall be certified by a registered Civil Engineer for
location and elevation, and the Soils Engineer shall issue a Final Soils Report
addressing compaction and site conditions.
85.
Grading of the subject property shall be in accordance with the Uniform Building Code,
City Grading Standards and accepted grading practices. The final grading plan shall be
in substantial conformance with the approved rough grading plan.
86. Developer shall pay any capital fee for road improvements and public facilities imposed
upon the property or project, including that for traffic and public facility mitigation as
required under the EIR/Negative Declaration for the project. The fee to be paid shall be
in the amount in effect at the time of payment of the fee. If an interim or final public
facility mitigation fee or district has not been finally established by the date on which
developer requests its building permits for the project or any phase thereof, the
developer shall execute the Agreement for payment of Public Facility fee, a copy of
which has been provided to developer. Concurrently, with executing this Agreement,
developer shall post security to secure payment of the Public Facility fee. The amount of
the security shall be $2.00 per square foot, not to exceed $10,000. Developer
understands that said Agreement may require the payment of fees in excess of those
now estimated (assuming benefit to the project in the amount of such fees). By
execution of this Agreement, developer will waive any right to protest the provisions of
this Condition, of this Agreement, the formation of any traffic impact fee district, or the
process, levy, or collection of any traffic mitigation or traffic impact fee fOr this project;
provided that developer is not waiving its right to protest the reasonableness of any
traffic impact fee, and the amount thereof.
R:~E O T~01-0121 TM :2320~Dlt slaff r~po~doc
16
PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY:
87.
Construct full street improvements including but not limited to, curb and gutter, A.C.
pavement, sidewalk, drive approaches, parkway trees and street lights on all interior
public streets.
88.
Existing city roads requiring construction shall remain open to traffic at all times with
adequate detours during construction. Traffic control plans shall be provided as directed
by the Department of Public Works, and may be required to be prepared by a registered
Civil Engineer.
89, Asphaltic emulsion (fog seal) shall be applied not less than 14 days following placement
of the asphalt surfacing and shall be applied at a rate of 0,05 gallon per square yard.
Asphalt emulsion shall conform to Section Nos. 37, 39, and 94 of the State Standard
Specifications,
TRANSPORTATION ENGINEERING
PRIOR TO RECORDATION OF THE FINAL MAP:
90, A signing and striping plan shall be designed by a registered Civil Engineer and
approved by the Department of Public Works for Butterfield Stage Road and La Serena
Way and shall be included in the street improvement plans.
91. Prior to designing any of the above plans, contact Transportation Engineering for the
design requirements.
PRIOR TO THE ISSUANCE OF ANY ENCROACHMENT PERMITS:
92. A construction area traffic control plan shall be designed by a registered Civil Engineer
and approved by the City Engineer for any street closure and detour or other disruption
to traffic circulation as required by the Department of Public Works.
PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS:
93. All signing and striping shall be installed per the approved signing and striping plan.
94. The subdivider shall provide 'stop" controls at the intersection of local streets with
arterial streets as directed by the Department of Public Works,
95. Provide limited landscaping in the corner cut-off area of all intersections and adjacent to
driveways to provide for minimum sight distance.
COMMUNITY SERVICES DEPARTMENT
GENERAL REQUIREMENTS:
96. The Citys park land dedication requirement (Quimby) shall be satisfied with the
development and dedication of 2,9 acres of park land, which will include the former
R:~E O TO]-0121 TM 23209~DH stuff reptnt.doc
l?
Walcott Lane alignment described in Public Works Condition No. 37, so long as it is
available for pedestrian access, landscaping and park purposes.
97. The installation of the park improvements, slopes and landscaped median on Butterfield
Stage Road shall be in conformance with the City of Temecula Landscape Development
Plan Guidelines and Specifications. Construction of said improvements shall commence
pursuant to a pre-job meeting with the developer and the City Maintenance
Superintendent.
98. The developer shall complete the TCSD application/inspection process and pay the
appropriate fees prior to the acceptance of street lighting and perimeter slope areas into
the respective TCSD maintenance programs. Failure to comply with TCSD procedures
may preclude acceptance of these areas into the TCSD maintenance programs.
99. The developer shall maintain the park, slopes and landscaped medians until such time
as these responsibilities ara accepted by the TCSD or other responsible party.
100.Class II Bike lanes shall be provided on Butterfield Stage Road and completed in
concurrence with the road improvements required for this development.
PRIOR TO RECORDATION OF THE FINAL MAP:
101 .The developer shall enter into an improvement agreement and post securities for the
neighborhood park site, landscaped median within Butterfield Stage Road, and the
proposed TCSD slope maintenance areas.
102.AII slopes and parkway landscaping identified as TCSD maintenance areas shall be
offered for dedication on the final map.
103. Landscape construction drawings for the park site, landscaped median and proposed
TCSD slope maintenance areas shall be reviewed and approved by the Director of
Community Services.
104.The developer shall obtain a landscape easement from the adjacent property owner for
maintenance of the offsite slope area located to the north of the cul-de-sac bulb on
Street [;]GE. Said maintenance easement shall be transferrable to the TCSD and
improved as part of the La Serena Way slope improvements.
105. The subdivider shall file an application with the TCSD to initiate property owner election
proceedings for the dedication and annexation of perimeter slopes and residential street
lighting into the respective TCSD maintenance programs. (Added by the Planning
Director, April 30, 1998)
PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY
106.The neighborhood park shall be dedicated to the City frae and clear of any liens,
assessments or easements that would preclude the City from using the property for park
purposes. A policy of title insurance and a soils assessment report shall also be
R:'~ O T~01-0121 ~ 2~2~ADH staff ~eport.doc
18
')
provided with the dedication of the property. (Condition relocated by the Planning
Director, April 30, 1998)
107.At the time of completion of the park and acceptance by City Council, the developer
shall receive fee credits against the remaining parks component of the CityDs
Development Impact Fees based on the actual cost of the onsite park improvements
which exceed the Quimby requirements, up to a total maximum credit of $265,815 (165
remaining homes x $1,611 park component = $265,815). The City shall have the right to
review, audit and ver'~ all costs associated with said park improvements. (Condition
relocated by the Planning Director, April 30, 1998)
108. Prior to the issuance of the first certificate of occupancy, the developer shall submit the
most current list of Assessor's Parcel Numbers assigned to the final project.
109.1t shall be the developer's responsibility to provide written disclosure of the existence of
the TCSD and its service level rates and charges to all prospective purchasers.
110. Prior to the issuance of the 75th certificate of occupancy for the entire project area, the
applicant shall comply with the requirements stipulated in Condition of Approval #31,
contained here within.
By placing my signature below, I confirm that I have read, understand and accept all the above
Conditions of Approval. I further understand that the property shall be maintained in
conformance with these conditions of approval and that any changes I may wish to make to the
project shall be subject to Community Development Department approval.
Applicant's Signature
Name printed
Date
R:~E O TOI-0121 TM 23209~DH staffreporLdoc
19