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HomeMy WebLinkAbout02_012 PC ResolutionPC RESOLUTION NO. 2002-012 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 01-0610, TENTATIVE PARCEL MAP 30468 TO CREATE 14 PARCELS ON 32.6 ACRES, AND PLANNING APPLICATION 01-0611 A RELATED DEVELOPMENT PLAN FOR THE DESIGN, CONSTRUCTION AND OPERATION OF A 400 UNIT MULTI-FAMILY RESIDENTIAL APARTMENT COMPLEX; 108,100 SQUARE FEET OF RETAIL/OFFICE USES; AND A 15,000 SQUARE FOOT CHILD DAY CARE CENTER, GENERALLY LOCATED ON THE SOUTH SIDE OF HIGHWAY 79 SOUTH, BETWEEN JEDEDIAH SMITH ROAD AND AVENIDA DE MISSIONS, KNOWN AS ASSESSORS PARCEL NO. 961-010-006. WHEREAS, McComic Consolidated, Inc. submitted applications for a Tentative Pamel Map and a Development Plan on December 5, 2001; and WHEREAS, the application was processed including, but not limited to, in the time and manner prescribed by State and local law; and WHEREAS, the Planning Commission considered the Application on May 1, 2002, 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, the Planning Commission continued this item at their November 7, 1994, meeting to December 5, 1994; WHEREAS, at the conclusion of the Commission hearing and after cue consideration of the testimony, the Commission recommended approval of the Application subject to conditions after finding that the project proposed in the Applications conformed to the City of Temecula General Plan; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Tentative Parcel Map Findinqs. The Planning Commission in recommending approval of the Application makes the following findings: The proposed subdivision and the design and improvements of the subdivision are consistent with the Subdivision Ordinance, Development Code, General Plan, and the City of Temecula Municipal Code; Staff has reviewed the proposal and finds that Tentative Parcel Map No. 30468 is consistent with the General Plan, Subdivision Ordinance, Development Code, and the City of Temecula Municipal Code; R:~kau~PC Resolution 02-012.doc 1 The tentative map does not divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965, or the land is subject to a Land Conservation Act contract but the resulting parcels following division of the land will not be too small to sustain their agricultural use; The proposed land division is not designated for conservation or agricultural use. The site is physically suitable for the type and proposed density of development proposed by the tentative map; The project consists of a Parcel Map on property designated for Professional Office uses, which is consistent with the General Plan, as well as, the development standards for the PDO-4 zoning designation. The design of the subdivision and the proposed improvements, with the conditions of approval, are not likely to cause significant environmental damage or substantially and avoidable injure fish or wildlife or their habitat; Per the CEQA Guidelines, a Mitigated Negative Declaration has been prepared for this project. The proposed Mitigation Monitoring Program will ensure that the impacts are not likely to cause significant damage to the environment. The design of the subdivision and the proposed improvements are not likely to cause serious public health problems; The project has been reviewed and commented on by the Fire Safety Division, the Building Safety Division, Public Works, Community Services and Planning Staff. As a result, the project will be conditioned to address all concerns. Further, provisions are made in the General Plan and the Development Code to ensure that the public health, safety and welfare are safeguarded. The project is consistent with these documents. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible; There are solar possibilities available to the tentative parcel map; however, the applicant has not submitted any information in regard to solar possibilities. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided; The Public Works Department, expressed concerns regarding potential conflicts with easements or accesses during the project review stage. The concerns expressed by Public Works have already been addressed, or will be addressed in the Conditions of Approval. 8. The subdivision is consistent with the City's parkland dedication requirements (Quimby); The applicant is responsible for payment of fees, which will address the City's parkland dedication requirements. R:~kaul~PC Resolution 02-012.doc 2 Section 3. Development Plan Findinqs. The Planning Commission in recommending approval of the Application, makes the followings: 1. The proposed use is in conformance with the General Plan and with all applicable requirements of state law and other City Ordinances. The plan to develop 123,100 square feet of commercial space and 400 multi-family apartment units on 32.6 acres is consistent with the PDO-4 policies and development regulations, and the terms of the Settlement Agreement. The proposed plan incorporates architectural and landscape designs, which will enhance land use objectives along Highway 79 South. 2. The overall development of the land is designated for the protection of the public health safety, and general welfare. The project has been conditioned to conform to the Uniform Building Code, and all construction will be inspected by City staff prior to occupancy. The Fire Department staff has also found that the site design will provide adequate emergency access in the case of a need for emergency response to the site. Section 4. Environmental Compliance. The initial environmental assessment for this project identified issues that could potentially have significant impacts without mitigation. A Mitigated Negative Declaration and Mitigation Monitoring Program have been prepared for this project to reduce potential impacts to levels that are less significant. Section 5. Conditions. That the City of Temecula Planning Commission hereby conditionally approves the Applications, a request to divide 32.6 acres into 14 lots, and to develop ten buildings totaling 123,100 square feet of commemial space; and 25 multi-family apartment buildings totaling 400 residential units, as set forth on attached Exhibit A, attached hereto, and incorporated herein by this reference together with any and all necessary conditions that may be deemed necessary. Section 6. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 1st day of May 2002 Chiniaeff, Chairperson A'I-I'EST: Debbie Ubnoske, Secretary [SEAL} R:~kaul~,PC Resolution 02-012.doc 3 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. 02-012 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 1st day of May, 2002 by the following vote of the Commission: AYES: 4 PLANNING COMMISSIONERS: Mathewson, Olhasso, Telesio, and Chairman Chiniaeff NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 1 PLANNING COMMISSIONERS: Guerriero Del~bie U~)noske, Secretary R:~kaul~PC Resolution 02-012.doc 4 Temecula Creek Village Final Conditions of Approval EXHIBIT A CITY OFTEMECULA CONDITIONS OF APPROVAL Planning Application No. PA00-0610 Tentative Parcel Map PA00-0611 Development Plan Project Description: PA00-0610: Tentative Pamel Map 30468 subdividing the site into 14 parcels, 12 for commercial uses and 2 for high-density residential use. PA00-0611: Construct 400 multi-family residential units on approximately 20.7 acres and 123,100 square feet of commercial space on approximately 11.9 acres. Development Impact Fee Category: Multi-Family Residential and Retail Commercial Assessor's Parcel No.: 961-010-006 Approval Date: TBD Expiration Date: TBD PLANNING DIVISION Within Forty-Eight (48) Hours of the Approval of this Project 1. The applicant shall deliver to the Community Development Department - Planning Division a cashier's check or money order made payable to the County Clerk in the amount of One thousand three hundred and fourteen dollars ($1314.00) for the County administrative fee, to enable the City to file the Notice of Determination required under Public Resources Code Section 21108(b) and California Code of Regulations Section 15075. If within said forty-eight (48) hour period the applicant has not delivered to the Community Development Department - Planning Division the check as required above, the approval for the project granted shall be void by reason of failure of condition [Fish and Game Code Section 711.4(c)]. General Requirements 2. The parcel map shall comply with the State of California Subdivision Map Act and to all the requirements of the City of Temecula's Subdivision Ordinance, 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. 3. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend with Legal Counsel of the R:\P M\2001\01-0610 TPM30468 Temecula Creek Village\Conditions of Approval.dcc 1 Temecula Creek Village Final Conditions of Approval City's own selection, 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 from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, void, annul, 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. City shall promptly notify the 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 its 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. 4. The project and ali subsequent projects within this site shall comply with all mitigation measures contained in the Mitigation Monitoring Program and conditions set forth. 5. After grading, all slopes shall be planted in accordance with the City's Slope Planting Guidelines. Jute netting will be required on all slopes greater than ten linear feet. 6. An Administrative Development Plan application shall be submitted and approved by the Planning Department for buildings on Pads C1, C2, C3, C9 and C10, prior to issuance of building permits. 7. The final landscape plan shall indicate street trees planted along the Highway 79 South frontage as a minimum of 24-inch box for each variety shown. 8. The applicant is advised that Highway 79 South is a state highway, and that all landscape approvals are to meet CalTrans requirements. 9. Perimeter trees shall include some specimen trees of the varieties indicated on the final landscape plan. Specimens shall be a minimum of 36-inch box and shall be placed in a manner that vehicular and pedestrian entrances are accented and provide variation in canopy height. In addition to perimeter trees, please add three (3) 24-inch box Chinese Flame trees, and all eighteen (18) 36- inch box Red Crepe Myrtle trees to conform to the number of specimens identified in the planting legend. 10. The permittee shall obtain City approval for any modifications or revisions to the approval of this development plan. 11. This approval shall be used within two (2) years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two (2) year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. 12. The development of the premises shall substantially conform to the approved floor plans, elevations and the Color and Material Boards on file with the Community Development Department - Planning Division. 13. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Planning Director. If it is determined that the landscaping is not being maintained, the Planning Director shall have the R:\P M~001\01-0610 TPM30468 Temecula Creek Village\Conditions of Approval.doc 2 Temecula Creek Village Final Conditions of Approval 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, Property Owner's Association, or any successors in interest. 14. All mechanical and roof equipment shall be fully screened from public view by being placed below the lowest level of the surrounding parapet wall. Parapet walls shall be of sufficient height above the roofline to screen said equipment. 15. The colors and materials for the project shall substantially conform to those noted directly below and with the Color and Material Boards on file with the Community Development Department - Planning Division (with the following changes made by the Planning Commission at a Public Hearing held on May 1, 2002). Areas A and C: Primary wall exterior: Stucco Accent 1: Stucco Accent 2: Stucco Accent 3: Trim and Bands: Roof Stone Veneer Frazee Desert Fawn (8222 W) Frazee Burnt Copper (8355 D) Frazee Safari Tan (7754 M) Frazee Lulled Beige (8232 W) Frazee Almond White (8180 W) Patina Green Metal Seam Roof Cheyenne Limestone Area B: Primary wall exterior: Stucco Accent: (remove wood siding) Fascia, Trim, Bands and Railings: Garage Doors Roof Tile Stone Veneer Frazee Clay Beige (8721 W) Frazee Daplin (8234 M) Frazee Swiss Coffee (487) Frazee Lulled Beige (8232 W) Silhouette Slate (ISTCS 4930) Jackson Valley Quarrystone (SP 103) (wrap stone veneer around window frames) Area D: Primary wall exterior: Stucco Accent 1: Stucco Accent 2: Stucco Accent 3: Fascia, Trim, Bands and Railings: Roof Tile Stone Veneer Frazee Hay Seed (8220 W) Frazee Daplin (8234 M) Frazee Festoon (8274 W) Frazee Burnt Copper (8355 D) Frazee Swiss Coffee (487) Wolf Grey Shake (1 SKCB 5969) Oakridge Mountain Ledge 16. Added by Planning Commission on May 1, 2002 - The Clubhouse (Sub- R:\P M~2001\01-0610 TPM30468 Temecula Creek Village\Conditions of Approval.doc 3 Temecula Creek Village Final Conditions of Approval Area D) in proximity to the Village Center shall incorporate design elements that closely resemble those of the Village Center commercial buildings. The Clubhouse (Sub-Area B) adjacent to the public trail on the south side of project shall incorporate design elements that closely resemble the residential buildings. 17. The construction landscape drawings shall indicate coordination and grouping of all utilities, which are screened from view per applicable City Codes and guidelines. 18. AII multi-family residential buildings shall meet the building separation requirements of Section 17.06.050 B of the City's Development Code. 19. The applicant shall submit a fence plan for review and approval for Sub-Areas B and D prior to the issuance of the first residential building permit. 20. The applicant shall redesign the trash enclosures such that no unattended rollout container(s) be left in the drive aisle during pick up. 21. Added by Planning Commission on May 1, 2002 - The driveway apron and drive aisle to/from Jedediah Smith Road shall be sufficiently widened to reduce vehicle stacking exiting the site, and to facilitate emergency vehicle movement. Prior to Issuance of a Building Permit 22. Prior to issuance of building permits, Covenants, Conditions, and Restrictions (CC&R's) shall be approved by the Planning Department and recorded with the Riverside County Recorder. The CC&R's shall contain provisions for the creation of a Property Owner's Association for the maintenance of all landscaping on the commercial parcels, and maintenance of all internal roadway and hardscape surfaces within those pamels. 23. The applicant shall insure that all trees planted along the Highway 79 South property line of the subject development be a minimum size of 24" box trees. The applicant shall revise the landscape plans and resubmit the plans for Planning Department approval prior to the issuance of a building permit. Prior to Issuance of an Occupancy Permit 24. All perimeter and slope landscaping, including the Highway 79 South landscape planter area shall be installed to the approval of the Planning Director, prior to the first certificate of occupancy. 25. All conditions shall be complied with prior to any occupancy or use allowed by this Development Plan. 26. A one-year landscape maintenance bond of sufficient amount shall be submitted and approved by the Planning Department. 27. The applicant and owner of the real property represented by this approval shall join and maintain active membership in the Crime Free Multi-housing Program. Prior to Issuance of Grading Permits 28. A copy of the Rough Grading plans shall be submitted and approved by the Planning Department. R:\P IV~2001\01-0610 TPM30468 Temecula Creek Village\Conditions of Approval.doc 4 Temecula Creek Village Final Conditions of Approval 29. 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. PUBLIC WORKS PA01-0610 (Tentative Parcel Map) The Department of Public Works recommends the following Conditions of Approval for this project. Unless stated otherwise, all conditions shall be completed by the Developer at no cost to any Government Agency. General Requirements 1. It is understood that the Developer correctly shows on the tentative map all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. 2. A Grading Permit for either rough or precise grading shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained road right-of-way. 3. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 4. An Encroachment Permit shall be obtained from the California Department of Transportation prior to commencement of any construction within an existing or proposed State right-of-way. 5. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. 6. All on-site drainage facilities shall be privately maintained. 7. The vehicular movement for the following locations shall be restricted as follows: a. Highway 79 South at the easterly access to the site shall be restricted to a right in/right out movement subject to approval by CalTrans. The method of controlling this movement shall be approved by the Director of Public Works. b. Highway 79 South at the driveway east of Jedediah Smith Road shall be restricted to right in/right out movement subject to approval of CalTrans. The method of controlling this movement shall be approved by the Director of Public Works. Prior to Approval of the Parcel Map, unless other timing is indicated, the Developer shall complete the following or have plans submitted and approved, subdivision improvement agreements executed and securities posted: 8. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b. Rancho California Water District c. Eastern Municipal Water District R:\P M~2001\01-0610 TPM30468 Temecula Creek Village\Conditions of Approval.doc 5 Temecula Creek Village Final Conditions of Approval d. Riverside County Flood Control and Water Conservation District e. City of Temecula Fire Prevention Bureau f. Planning Department g. Department of Public Works h. Riverside County Health Department i. Cable TV Franchise j. CalTrans k. Community Services District I. Verizon Telephone m. Southern California Edison Company n. Southern California Gas Company o. Fish & Game p. Army Corps of Engineers 9. The Developer shall construct the following public improvements to City of Temecula General Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Director of the Department of Public Works: a. Improve Highway 79 South (Urban Arterial Highway Standards) to include installation of sidewalk, street lights, drainage facilities, signing and striping, and utilities (including but not limited to water and sewer) b. Provide a lane drop transition per CalTrans standards to the driveway east of Jedediah Smith Road c. Install a traffic signal at the intersection of Highway 79 South and Jedediah Smith Road. d. Install a traffic signal at the intersection of Highway 79 South and Main Project entrance. 10. Unless otherwise approved the following minimum criteria shall be observed in the design of the street improvement plans: a. Street centerline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. b. Driveways shall conform to the applicable City Standard No. 207A c. Street lights shall be installed along the public streets adjoining the site in accordance with City Standard No. 800, 802 and 803. d. Concrete sidewalks and ramps shall be constructed along public street frontages in accordance with City of Temecula Standard Nos. 400 and 402 e. All street and driveway centerline intersections shall be at 90 degrees. f. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. g. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided underground. Easements shall be provided as required where adequate right-of-way does not exist for installation of the facilities. All utilities shall be designed and constructed in accordance with City Codes and the utility provider. h. All utilities, except electrical lines rated 33ky or greater, shall be installed underground R:\P M\2001\01-0610 TPM30468 Temecula Creek Village\Conditions of Approval.doc 6 Temecula Creek Village Final Conditions of Approval 11. Private roads shall be designed to meet City public road standards. Unless otherwise approved the following minimum criteria shall be observed in the design of private streets: a. The Developer shall improve Jedediah Smith Road (60 feet curb to curb) to include the installation of street improvements, paving, curb and gutter, sidewalk, raised median, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) as shown on the tentative parcel map. i) The raised median island on Jedediah Smith Road shall be 4 feet wide, 200 foot long ii) The roadway design shall be coordinated with the adjacent property owner b. All intersections shall be perpendicular (90). t2. A construction area Traffic Control Plan shall be designed by a registered Civil Engineer and reviewed by the Department of Public Works for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. t3. Relinquish and waive right of access to and from Highway 79 South on the Parcel Map with the exception of five (5) openings as delineated on the approved Tentative Parcel and approved by CalTrans. f4. Corner property line cut off for vehicular sight distance and installation of pedestrian facilities shall be provided at all street intersections in accordance with Riverside County Standard No. 805. f5. 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. 16. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision that is part of an existing Assessment District must comply with the requirements of said section. Prior to City Council approval of the Parcel Map\Final Map, the Developer shall make an application for reapportionment of any assessments with appropriate regulatory agency. 17. Any delinquent property taxes shall be paid. 18. An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the Parcel Map to delineate identified environmental concerns and shall be recorded with the map. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The following information shall be on the ECS: a. The delineation of the area within the 100-year floodplain. b. Special Study Zones. c. Geotechnical hazards identified in the project's geotechnical report. 19. The Developer shall comply with all constraints that may be shown upon an Environmental Constraint Sheet recorded with any underlying maps related to the subject property. R:\P M~001\01-0610 TPM30468 Temecula Creek Village\Conditions of Approval.doc 7 Temecula Creek Village Final Conditions of Approval 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, prior to submittal of the Parcel Map for recordation, enter into an agreement to complete the improvements pursuant to the Subdivision Map Act, Section 66462 and Section 66462.5. Such agreement shall provide for payment by the Developer of all costs incurred by the City to acquire the off-site property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the Developer, at the Developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. 21. The Developer shall notify the City's cable TV Franchises of the Intent to Develop. Conduit shall be installed to cable TV Standards at time of street improvements. 22. Bus bays will be designed at all existing and proposed bus stops as directed by Riverside Transit Agency and approved by the Department of Public Works 23. A minimum 24 foot wide easement shall be dedicated for public utilities and reciprocal ingress/egress access for all private streets and drives. 24. Private drainage easements for cross-lot drainage shall be required and shall be delineated and noted on the final map. 25. Easements for sidewalks for public uses shall be dedicated to the City where sidewalks meander through private property. 26. Easements, when required for roadway slopes, landscape easements, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted for review and recorded as directed by the Department of Public Works. On-site drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the final map. A note shall be added to the final map stating "drainage easements shall be kept free of buildings and obstructions." Prior to Issuance of Grading Permits 27. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b. Riverside County Flood Control and Water Conservation District c. Planning Department d. Department of Public Works e. Community Services District 28. A Grading Plan shall be prepared by a registered Civil Engineer in accordance with City of Temecula standards and approved by the Department of Public Works prior to commencement of any grading. The plan shall incorporate adequate erosion control measures to protect the site and adjoining properties from damage due to erosion. 29. A Soils Report shall be prepared by a registered Civil or Soils Engineer and submitted to the Department of Public Works with the initial grading plan check. R:\P M~?.001\01-0610 TPM30468 Temecula Creek Village\Conditions of Approval,doc 8 Temecula Creek Village Final Conditions of Approval The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and preliminary pavement sections. 30. 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. 31. A Drainage Study shall be prepared by a registered Civil Engineer and submitted to the Department of Public Works with the initial grading plan check. The study shall identify storm water runoff quantities expected from the development of this site and upstream of the site. It shall identify all existing or proposed off-site or on-site, 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. The basis for analysis and design shall be a storm with a recurrence interval of one hundred years. 32. The Developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resoumes Control Board. No grading shall be permitted until an NPDES Notice of Intent (NOI) has been filed or the project is shown to be exempt. 33. The Developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. 34. The Developer shall obtain letters of approval or easements for any off-site work performed on adjoining properties. The letters or easements shall be in a format as directed by the Department of Public Works. Prior to Issuance of Building Permits 35. Parcel Map shall be approved and recorded. 36. 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. 37. Grading of the subject property shall be in accordance with the California Building Code, the approved grading plan, the conditions of the grading permit, City Grading Standards and accepted grading construction practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. 38. 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. Prior to Issuance of Certificates of Occupancy R:\P M~2001\01-0610 TPM30468 Ternecula Creek Village\Conditions of Approval.doc 9 Temecula Creek Village Final Conditions of Approval 39. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. Rancho California Water District b. Eastern Municipal Water District c. Department of Public Works 40. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. 41. All improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of Public Works. 42. The existing improvements shall be reviewed. Any appurtenance damaged or broken due to the construction operations of this project shall be repaired or removed and replaced to the satisfaction of the Director of Public Works. PUBLIC WORKS PA01-0611 (Development Plan) 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 site plan all existing and proposed property lines, easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. General Requirements 1. A Grading Permit for precise grading, including all on-site flat work and improvements, shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained street right- of-way. 2. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 3. An Encroachment Permit shall be obtained from the California Department of Transportation prior to commencement of any construction within an existing or proposed State right-of-way. 4. All improvement plans and grading plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. 5. All on-site drainage facilities shall be privately maintained. 6. The vehicular movement for the following locations shall be restricted as follows: a. Highway 79 South at the easterly access to the site shall be restricted to a right in/right out movement subject to approval by CalTrans. The method of controlling this movement shall be approved by the Director of Public Works. b. Highway 79 South at the driveway east of Jedediah Smith Road shall be R:VP M~001\01-0610 TPM30468 Temecula Creek Village\Conditions of Approval.doc 10 Temecula Creek Village Final Conditions of Approval restricted to right in/right out movement subject to approval of CalTrans. The method of controlling this movement shall be approved by the Director of Public Works. Prior to Issuance of a Grading Permit 7. A permit from Riverside County Flood Control and Water Conservation District is required for work within their right-of-way. 8. A Grading Plan shall be prepared by a registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. The grading plan shall include all necessary erosion control measures needed to adequately protect adjacent public and private property. 9. The Developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. 10. A Soil Report shall be prepared by a registered Soil or Civil Engineer and submitted to the Director of the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. 11. A Geological Report shall be prepared by a qualified engineer or geologist and submitted to the Department of Public Works with the initial grading plan check. The report shall address special study zones and the geological conditions of the site, and shall provide recommendations to mitigate the impact of ground shaking and liquefaction. 12. The Developer shall have a Drainage Study prepared by a registered Civil Engineer in accordance with City Standards identifying storm water runoff expected from this site and upstream of this site. The study shall identify all existing or proposed public or private drainage facilities intended to discharge this runoff. The study shall also analyze and identify impacts to downstream properties and provide specific recommendations to protect the properties and mitigate any impacts. Any upgrading or upsizing of downstream facilities, including acquisition of drainage or access easements necessary to make required improvements, shall be provided by the Developer. 13. The Developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent (NOI) has been filed or the project is shown to be exempt. 14. As deemed necessary by the Director of the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b. Riverside County Flood Control and Water Conservation District c. Planning Department d. Department of Public Works e. Community Services District f. Fish&Game g. Army Corps of Engineers R:\P M~001\01-0610 TPM30468 Temecula Creek Village\Conditions of Approval.doc 11 Temecula Creek Village Final Conditions of Approval 15. The Developer shall comply with all constraints that may be shown upon an Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the subject property. 16. Permanent landscape and irrigation plans shall be submitted to the Planning Department and the Department of Public Works for review and approval. 17. The Developer shall obtain any necessary letters of approval or slope easements for off-site work performed on adjacent properties as directed by the Department of Public Works. 18. The site is in an area identified on the Flood Insurance Rate Map as Flood Zone A. This project shall comply with Chapter 15, Section 15.12 of the City Municipal Code which may include obtaining a Letter of Map Revision from FEMA. A Flood Plain Development Permit shall be submitted to the Department of Public Works for review and approval. Prior to Issuance of a Building Permit 19. Improvement plans and/or precise grading plans shall conform to applicable City of Temecula Standards subject to approval by the Director of the Department of Public Works. The following design criteria shall be observed: a. FIowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. b. Driveways shall conform to the applicable City of Temecula Standard No. 207A. c. Street lights shall be installed along the public streets adjoining the site in accordance with City Standard No. 800, 802 and 803. d. Concrete sidewalks and ramps shall be constructed along public street frontages in accordance with City of Temecula Standard Nos. 400 and 402. e. All street and driveway centerline intersections shall be at 90 degrees. f. Public Street improvement plans shall include plan and profile showing existing topography, utilities, proposed centerline, top of curb and flowline grades. g. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. 20. The Developer shall construct the following public improvements to City of Temecula General Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Director of the Department of Public Works: a. Improve Highway 79 South (Urban Arterial Highway Standards) to include installation of sidewalk, street lights, drainage facilities, signing and striping, and utilities (including but not limited to water and sewer) b. Provide a lane drop transition per CalTrans standards to the driveway east of Jedediah Smith Road c. Install a traffic signal at the intersection of Highway 79 South and Jedediah Smith Road. d. Install a traffic signal at the intersection of Highway 79 South and Main Project entrance. 21. Private roads shall be designed to meet City public road standards. Unless R:\P M'~.001\01-0610 TPM30468 Temecula Creek Village\Conditions of ApprovaLdoc 12 Temecula Creek Village Final Conditions of Approval otherwise approved the following minimum criteria shall be observed in the design of private streets: a. The Developer shall improve Jedediah Smith Road (60 feet curb to curb) to include the installation of street improvements, paving, curb and gutter, sidewalk, raised median, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) as shown on the site plan. i) The raised median island on Jedediah Smith Road shall be 4 feet wide, 200 foot long ii) The roadway design shall be coordinated with the adjacent property owner b. All intersections shall be perpendicular (90). 22. All street improvement design shall provide adequate right-of-way and pavement transitions per CalTrans' standards for transition to existing street sections. 23. The Developer shall construct the following public improvements in conformance with applicable City Standards and subject to approval by the Director of the Department of Public Works. a. Street improvements, which may include, but not limited to: pavement, curb and gutter, sidewalks, drive approaches, street lights, signing, striping, traffic signal systems, and other traffic control devices as appropriate b. Storm drain facilities c. Sewer and domestic water systems d. Under grounding of proposed utility distribution lines 24. A construction area Traffic Control Plan shall be designed by a registered Civil or Traffic Engineer and reviewed by the Director of the Department of Public Works for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. 25. Bus bays will be designed at all existing and proposed bus stops as directed by Riverside Transit Agency and approved by the Department of Public Works. 26. All access rights, easements for sidewalks for public uses shall be submitted and reviewed by the Director of the Department of Public Works and City Attorney and approved by City Council for dedication to the City where sidewalks meander through private property. 27. The building pad shall be certified to have been substantially constructed in accordance with the approved Precise Grading Plan by a registered Civil Engineer, and the Soil Engineer shall issue a Final Soil Report addressing compaction and site conditions. 28. The Developer shall obtain an easement for ingress and egress over the adjacent property. 29. 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. R:\P M~001\01-0610 TPM30468 Temecula Creek Village\Conditions of Approval.doc 13 Temecula Creek Village Final Conditions of Approval Prior to Issuance of a Certificate of Occupancy 30. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. Rancho California Water District b. Eastern Municipal Water District c. Department of Public Works 31. Corner property line cut off shall be required per Riverside County Standard No. 805. 32. All public improvements, including traffic signals, shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of the Department of Public Works. 33.The existing improvements shall be reviewed. Any appurtenance damaged or broken shall be repaired or removed and replaced to the satisfaction of the Director of the Department of Public Works. COMMUNITY SERVICES General Conditions: 1. The developer shall contact the City's franchised solid waste hauler for disposal of construction debris. Only the City's franchisee may haul construction debris. 2. Developer shall provide adequate space for a recycling bin within the trash enclosure areas. 3. All perimeter walls, trail fences, entry monumentation, parkways, landscaping, pedestrian portals, private recreational amenities and all open space shall be maintained by the property owner or a private maintenance association. 4. The Developer shall provide to the City of Temecula an eight (8) foot multi-use trail easement deed for public access. 5. The Developer shall provide to the Temecula Community Services District (TCSD) an eight (8) foot maintenance easement deed for the multi-use trail. 6. A multi-use trail will be constructed by the developer as indicated on the development plan. Specifications and standards to be approved by TCSD. 7. Prior to the 221st residential building permit the development of the trial shall be completed and accepted by TCSD. Prior to Building Permits: 8. The developer shall satisfy the City's park land dedication (Quimby) requirement through the payment of in-lieu fees equivalent to 2.43 acres of park land, based upon the City's then current land evaluation. Said requirement includes a 50% credit for private recreational opportunities provided on-site and shall be pro- rated at a per dwelling unit cost prior to the issuance of residential building permit requested. R:\P M',2001\01-0610 TPM30468 Temecula Creek Village\Conditions of Approval.doc 14 Temecula Creek Village Final Conditions of Approval If additional arterial street lighting needs to be installed, prior to the first building permit or installation of arterial street lighting, the developer shall complete the TCSD application process and pay the appropriate energy fees related to the transfer of street lighting into the TCSD maintenance program. FIRE DEPARTMENT 1. 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 fome at the time of building plan submittal. 2. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial buildings per CFC Appendix III.A, Table A-Ill-A- 1. The developer shall provide for this project, a water system capable of delivering 2250 GPM at 20 PSI residual operating pressure, plus an assumed sprinkler demand of 850 GPM for a total fire flow of 3100 GPM with a 4 hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix 3. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix Ill-B, Table A-III-B-1. A minimum (based on the greatest hazard building)of 3 hydrants, in a combination of on-site and off-site (6" x 4" x 2-2 1/2" outlets) on a looped system shall be located on fire access roads and adjacent to public streets. Hydrants shall be spaced at 400 feet apart, at each intersection and shall be located no more than 225 feet from any point on the street or Fire Department access road(s) frontage to an hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix Ill-B). 4. As required by the California Fire Code, when any portion of the facility is in excess of 150 feet from a water supply on a public street, as measured by an approved route around the exterior of the facility, on-site fire hydrants and mains capable of supplying the required fire flow shall be provided. For this project on site fire hydrants are required. (CFC 903.2) 5. Maximum cul-de-sac length shall not exceed 1320 feet. Minimum turning radius on any cul-de-sac shall be forty-five (45) feet. (CFC 902.2.2.2.3 and Subdivision Ord. 16.03.020) 6. If construction is phased, each phase shall provide approved access and fire protection prior to any building construction. (CFC 8704.2 and 902.2.2) 7. Prior to building construction, all locations where structures are to be built shall have approved temporary Fire Department vehicle access roads for use until permanent roads are installed. Temporary Fire Department access roads shall be an all weather surface for 80,000 lbs. GVW. (CFC 8704.2 and 902.2.2.2) 8. Prior to building final, all locations where structures are to be built shall have approved Fire Department vehicle access roads to within 150 feet to any portion of the facility or any portion of an exterior wall of the building(s). Fire Department access roads shall be an all weather surface designed for 80,000 lbs. GVW with R:\P M\2001\01-0610 TPM30468 Temecula Creek Village\Conditions of Approval.doc 15 Temecula Creek Village Final Conditions of Approval a minimum AC thickness of .25 feet. ( CFC sec 902) 9. Fire Department vehicle access roads shall have an unobstructed width of not less than twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches. (CFC 902.2.2.1) 10. The gradient for a fire apparatus access roads shall not exceed fifteen (15) pement. (CFC 902.2.2.6 Ord. 99-14) 11. Prior to building construction, dead end road ways and streets in excess of one hundred and fifty (150) feet, which have not been completed, shall have a turnaround capable of accommodating fire apparatus. (CFC 902.2.2.4) 12. Prior to building construction, this development shall have two (2) points of access, via all-weather surface roads, as approved by the Fire Prevention Bureau. (CFC 902.2.1) 13. Prior to issuance of building permits, the developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for approval prior to installation. Plans shall be signed by a registered civil engineer; contain a Fire Prevention Bureau approval signature block; and conform to hydrant type, location, spacing and minimum fire flow standards. After the plans are signed by the local water company, the originals shall be presented to the Fire Prevention Bureau for signatures. The required water system including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot. (CFC 8704.3, 901.2.2.2 and National Fire Protection Association 24 1-4.1) 14. Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers" shall be installed to identify fire hydrant locations. (CFC 901.4.3) 15. Prior to issuance of a Certificate of Occupancy or building final, approved numbers or addresses shall be provided on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall be of a contrasting color to their background. Commercial, multi-family residential and industrial buildings shall have a minimum twelve (12) inches numbers with suite numbers a minimum of six (6) inches in size. All suites shall gave a minimum of six (6) inch high letters and/or numbers on both the front and rear doors. Single family residences and multi- family residential units shall have four (4) inch letters and /or numbers, as approved by the Fire Prevention Bureau. (CFC 901.4.4) 16. Prior to issuance of a Certificate of Occupancy or building final, a directory display monument sign shall be required for apartment, condominium, townhouse or mobile home parks. Each complex shall have an illuminated diagrammatic layout of the complex, which indicates the name of the complex, all streets, building identification, unit numbers, and fire hydrant locations within the complex. Location of the sign and design specifications shall be submitted to and be approved by the Fire Prevention Bureau prior to installation. 17. Prior to issuance of Certificate of Occupancy or building final, based on square footage and type of construction, occupancy or use, the developer shall install a fire sprinkler system. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10, CBC Chapter 9) R:\P M'~001\01-0610 TPM30468 Temecula Creek Village\Conditions of Approval.doc 16 Temecula Creek Village Final Conditions of Approval 18. Prior to issuance of Certificate of Occupancy or building final, based on a requirement for monitoring the sprinkler system, occupancy or use, the developer shall install an fire alarm system monitored by an approved Underwriters Laboratory listed central station. Plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10) 19. Prior to the issuance of a Certificate of Occupancy or building final, a "Knox-Box" shall be provided. The Knox-Box shall be installed a minimum of six (6) feet in height and be located to the right side of the main entrance door. (CFC 902.4) 20. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by fire fighting personnel. (CFC 902.4) 21. Prior to final inspection of any building, the applicant shall prepare and submit to the Fire Department for approval, a site plan designating Fire Lanes with appropriate lane painting and or signs. 22. Prior to the building final, speculative buildings capable of housing high-piled combustible stock, shall be designed with the following fire protection and life safety features: an automatic fire sprinkler system(s) designed for a specific commodity class and storage arrangement, hose stations, alarm systems, smoke vents, draft curtains, Fire Department access doors and Fire department access roads. Buildings housing high-piled combustible stock shall comply with the provisions California Fire Code Article 81 and all applicable National Fire Protection Association standards. (CFC Article 81) 23. Prior to the issuance of a Certificate of Occupancy or building final, the developer/applicant shall be responsible for obtaining underground and/or aboveground tank permits for the storage of combustible liquids, flammable liquids or any other hazardous materials from both the County Health department and Fire Prevention Bureau.(CFC 7901.3 and 8001.3) Special Conditions 24. Prior to issuance of building permits, fuel modification plans shall be submitted to the Fire Prevention Bureau for review and approval for all open space areas adjacent to the wild land-vegetation interface. (CFC Appendix II-A) 25. Prior to issuance of building permits, plans for structural protection from vegetation fires shall be submitted to the Fire Prevention Bureau for review and approval. The measures shall include, but are not limited to, enclosing eaves, noncombustible barriers (cement or block walls), and fuel modification zones. (CFC Appendix II-A) 26. Prior to building permit issuance, a full technical report may be required to be submitted and to the Fire Prevention Bureau. This report shall address, but not be limited to, all fire and life safety measures per 1998 CFC, 1998 CBC, and NFPA - 13, 24, 72 and 231-C. 27. Prior to issuance of a Certificate of Occupancy or building final 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. Alternative file formats may be acceptable, contact fire prevention for approval. 28. The applicant shall comply with the requirements of the Fire Code permit process R:\P M~001\01-0610 TPM30468 Temecula Creek Village\Conditions of Approval.doc 17 Temecula Creek Village Final Conditions of Approval 29. and update any changes in the items and quantities approved as part of their Fire Code permit. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection. (CFC 105) The applicant shall submit for review and approval by the Riverside County Department of Environmental Health and City Fire Department an update to the Hazardous Material Inventory Statement and Fire Department Technical Report on file at the city; should any quantities used or stored onsite increase or should changes to operation introduce any additional hazardous material not listed in existing reports. (CFC Appendix II-E) OUTSIDE AGENCIES 1. The applicant shall comply with all the mitigation measures identified in the attached Mitigation Monitoring Plan. (Environmental Mitigation Measures) 2. The applicant shall comply with all CalTrans requirements concerning signal lights for Highway 79 South. 3. The applicant shall comply with all CalTrans requirements concerning street trees along Highway 79 South. 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 Date Name printed R:\P M~001\01-0610 TPM30468 Temecula Creek Village\Conditions of ApprovaLdoc 18