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HomeMy WebLinkAbout06_029 DH Resolution DH RESOLUTION NO. 06-029 A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA06-0045 (TENTATIVE PARCEL MAP NO. 34387) TO SUBDIVIDE A 5.9 ACRE COMMERCIALLY ZONED PARCEL INTO THREE PARCELS WITH A MINIMUM LOT SIZE OF .7 ACRES (APN 921-810-025) Section 1. Gustavo Miranda of K&S Engineering, representing Overland Plaza Investments LLC and W.O.T.B. Overland LLC, filed Planning Application No. PA06-0045, in a manner in accord with the City of Temecula General Plan, and Subdivision Ordinance. Section 2. Planning Application No. PA06-0045 was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. Section 3. The Planning Director, at a regular meeting, considered Planning Application No. PA06-0045 on December 7,2006, 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 in opposition to this matter. Section 4. At the conclusion of the Planning Director's Hearing and after due consideration of the testimony, the Planning Director approved Planning Application No. PA06- 0045, subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA06-0045 conformed to the City of Temecula General Plan. Section 5. That the above recitations are true and correct and are hereby incorporated by reference. Section 6. Findinas. The Planning Director, in approving Planning Application No. PA06-0045 (Tentative Parcel Map 34387) hereby makes the following findings as required by Section 16.09.140 of the Temecula Municipal Code: A. 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; . Tentative Parcel Map No. 34387 is consistent with the Subdivision Ordinance, Development Code, General Plan, and the City of Temecula Municipal Code in that the proposed project meets the design standards as required in the Subdivision Ordinance, Development Code, General Plan, and the City of Temecula Municipal Code. B. The tentative map does not divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965; The proposed land division does not divide land designated for conservation or agricultural use. G:\Planning\2006\PA06-0045 Creekside Centre - TPM\Planning\DH Reso.doc I C. The site is physically suitable for the type and proposed density of development proposed by the tentative map; The project consists of a Tentative Parcel Map on property designated for commercial uses, which is consistent with the General Plan, as well as the development standards of the Development Code. D. The design of the subdivision and the proposed improvements, with conditions of approval, are not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat; The proposed project is not located near a significant habitat area and is not anticipated to cause environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The project consists of a Parcel Map on property designated for commercial uses, which is consistent with the General Plan, as well as the development standards for the Community Commercial zoning designation. The project has been reviewed subject to CEQA and has been determined to be exempt subject to CEQA Section 15315, Class 15, Minor Land Division. E. The design of the subdivision and the type of improvements are not likely to cause serious public health problems; The project has been reviewed and commented on by the Fire Prevention Bureau, the Public Works Department, and the Building and Safety Department. As a result, the project will be conditioned to address their concerns. Further, provisions are made in the General Plan and the Development Code to ensure that the public health, safety, and welfare are safeguarded, and the project is consistent with these documents. F. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible; The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. Prior to the construction of buildings, the applicant was and will be required to submit building plans to the Building Department that comply with the Uniform Building Code, which contains requirements for energy conservation. G. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided; All required rights-of way and easements have been provided on the Tentative Map. The City has reviewed these easements and has found not potential conflicts. H. (Quimby); The subdivision is consistent with the City's parkland dedication requirements This is a map is for a commercial zoned property and is not subject to Quimby fees. G:\Planning\2006\PA06-0045 Creekside Centre. TPM\Planning\DH ResQ,doc 2 Section 7. Environmental Comoliance. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review. (Section 15315, Class 15, Minor Land Division). Section 8. Conditions. That the City of Temecula Director of Planning hereby approves Planning Application No. PA06-0045 (Tentative Parcel Map 34387) located at the southwest corner of Overland Drive and Nicole Lane, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference as though set forth in full. Section 9. PASSED, APPROVED AND ADOPTED by the City of Temecula Director of Planning this 7th day of December, 2006. ~~~ Stephen Brown, Principal Planner I, Jill Dickey, Secretary of the Temecula Director's Hearing, do hereby certify that DH Resolution No. 06-029 was duly and regularly adopted by the Director of Planning of the City of Temecula at a regular meeting thereof held on the 7'h day of December, 2006. S;;Y"JL O~ JI . i ey, Secretary G:\Planning\2006\PA06-0045 Creekside Centre - TPM\Planning\DH Reso.doc 3 EXHIBIT A FINAL CONDITIONS OF APPROVAL G:\P1anning\2006\PA06-0045 Creekside Centre - TPMIPIanninglDH Reso.dnc 4. EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA06-0045 (Tentative Parcel/Tract Map No. 34387) Project Description: A Tentative Parcel Map (TPM 34387) to subdivide 5.9 acres into three parcels located at the southwest corner of Overland Drive and Nicole Lane Assessor's Parcel No.: 921-810-025 MSHCP Category: DIF Category: TUMF Category: Commercial Retail Commercial/Service Commercial Retail Commercial/Service Commercial Approval Date: December 7, 2006 Expiration Date: December 7, 2009 WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT Planning Department 1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of $64.00 for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and Califomia Code of Regulations Section 15062. If within said 48-hour period the applicant/developer has not delivered to the Planning Department 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)). G:\Planning\2006lPA06-0045 Creekside Centre - TPMlPlannlngICOA-TENT MAP .final.doc 1 GENERAL REQUIREMENTS G:\Planning\2006\PA06-0045 Creekside Centre - TPMlPlanningICOA-TENT MAP -final.doc 2 Planning Department 2. The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance No. 460, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. , 3. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 4. If Subdivision phasing is proposed, a Dhasina Dlan shall be submitted to and approved by the Planning Director. 5. The applicant shall sign two copies of the final Conditions of Approval that will be provided by the Planning Department and return one signed copy to the Planning Department for their files. Fire Prevention The following are the Fire Department Conditions of Approval for this project. All questions regarding the meaning of these conditions shall be referred to the Fire Prevention Bureau. 6. All previous existing conditions for this project, Specific Plan, or Development Agreement will remain in full force and effect unless superseded by more stringent requirements here. 7. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 8. The Fire Prevention Bureau is required to set a minimum fire flow for commercial land division per CFC Appendix III.A, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 4,000 GPM at 20 PSI residual operating pressure with 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 III.A). 9. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III.B, Table A-III-B-1. Standard fire hydrants (6" x 4" x 2 1/2" outlets) shall be G:IPlanning\2006lPA06-0045 Creekside Centre. TPMIPlanningICOA.TENT MAP .final.doc 3 located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 500 feet apart, at each intersection and shall be located no more than 250 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required (CFC 903.2, 903.4.2, and Appendix III-B). 10. 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). This will include all internal roads, connecting roads between phases, and construction gates. All required access must be in and available prior to and during ALL construction. Public Works Department 11. Unless stated otherwise, all conditions shall be completed by the Developer at no cost to any Government Agency. 12. 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. 13. 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. 14. 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. 15. All 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. G:\Planning\2006\PA06-0045 Creekside Centre - TPMlPlanningICOA-TENT MAP -final.doc 4 PRIOR TO ISSUANCE OF GRADING PERMITS G:\Planning\2006\PAOS-0045 Creekside Centre. TPMlPlanningICOA-TENT MAP -final.doc 5 Planning Department 16. The following shall be included in the Notes Section of the Grading Plan: "If at any time during excavation/construction of the site, archaeologicaVcultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Director of Planning, at his/her sole discretion, may require the property owner to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the discovery is not an archaeologicaVcultural resource, the Director of Planning shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeologicaVcultural resource, the Director of Planning shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Director of Planning." 17. A copy of the Rough Grading plans shall be submitted and approved by the Planning Department. Fire Prevention 18. 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 Ibs GVW (CFC8704.2 and 902.2.2.2). 19. Prior to grading permit, 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 Ibs. GVW with a minimum AC thickness of .25 feet (CFC sec 902 and Ord 99-14). 20. 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 and Ord 99-14). 21. 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). G:\Planning\2006lPAOlHl045 Creekside Centre - TPMlPlanningICOA-TENT MAP -final.doc 6 Public Works Department 22. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. Planning Department b. Department of Public Works 23. 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. 24. 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. The report shall address all soil conditions of the site, and provide recommendations for the construction of engineered structures and preliminary pavement sections. 25. 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. 26. 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. 27. Construction-phase pollution prevention controls shall be consistent with the City's Grading, Erosion & Sediment Control Ordinance and associated technical manual, and the City's standard notes for Erosion and Sediment Control. 28. The project shall demonstrate coverage under the State NPDES General Permit for Construction Activities by providing a copy of the Waste Discharge Identification number (WDID) issued by the State Water Resources Control Board (SWRCB). A Stormwater Pollution Prevention Plan (SWPPP) shall be available at the site throughout the duration of construction activities. 29. 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. G:\Planning\2006\PA06-OQ45 Creekside Centre. TPMlPlanning\COA-TENT MAP -final.doc 7 30. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the Riverside County Flood Control and Water Conservation District by either cashier's check or money order, prior to issuance of permits, based on the prevailing area drainage plan fee. If the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. 31. 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. G:\Plannlng\2006\PAoa-Q045 Creekside Centre. TPMlPlanning\COA-TENT MAP -flnal.doc 8 PRIOR TO ISSUANCE OF BUILDING PERMITS G:\Plannlng\2006\PA06-Q045 Creekside Centre - TPMlPlanningICOA-TENT MAP -final.doc 9 Fire Prevention The following are the Fire Department Conditions of Approval for this project. All questions regarding the meaning of these conditions shall be referred to the Fire Prevention Bureau. 32. 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). 33. Prior to issuance of building permit, Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. 34. Prior to issuance of building permit, Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. Public Works Department 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. 39. The Developer shall pay to the City the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program as required by, and in accordance with, Chapter 15.08 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.08. G:\Planning\2006\PA06.0045 Creekside Centre. TPM\PlanningICOA-TENT MAP -final.doc 10 PRIOR TO ISSUANCE OF OCCUPANCY G:\Planning\2006\PA06-0045 C,eeksida Centre - TPMlPlanning\COA-TENT MAP .fina1.doc ff Fire Prevention The following are the Fire Department Conditions of Approval for this project. All questions regarding the meaning of these conditions shall be referred to the Fire Prevention Bureau. 40. 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). 41. 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 do.or (CFC 902.4). AIVany 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 firefighting personnel (CFC 902.4). Public Works Department 42. The project shall demonstrate that the pollution prevention BMPs outlined in the WQMP have been constructed and installed in conformance with approved plans and are ready for immediate implementation. 43. 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 44. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. 45. All improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of Public Works. 46. 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. G:lPlannlngI2OO6IPA06-0045 Creekside Centre - TPMlPlanningICOA-TENT MAP -final.doc 12 PRIOR TO RECORDATION OF THE FINAL MAP G:\Planning\2006lPA06-0045 Creekside Centre - TPMlPlannlngICOA-TENT MAP -final.doc 13 Planning Department 47. The following shall be submitted to and approved by the Planning Division: a. A copy of the Final Map. b. A copy of the Environmental Constraint Sheet (ECS) with the following notes: i. This property is located within 30 miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory recommendations, Ordinance No. 655. ii. This project is within a liquefaction hazard zone. c. A copy of the Covenants, Conditions, and Restrictions (CC&R's): i. CC&R's shall be reviewed and approved by the Planning Director. The CC&R's shall include liability insurance and methods of maintaining open space, recreation areas, parking areas, private roads, exterior of all buildings and all landscaped and open areas including parkways. ii. The CC&R's shall be prepared at the developer's sole cost and expense. iii. The CC&R's shall be in the form and content approved by the Planning Director, City Engineer and the City Attorney and shall include such provisions as are required by this approval and as said officials deem necessary to protect the interests of the City and it's residents. iv. The CC&R's and Articles of Incorporation of the Property Owner's Association are subject to the approval of the Planning and Public Works Departments and the City Attorney. They shall be recorded concurrent with the Final Map. A recorded copy shall be provided to the City. v. The CC&R's shall provide for the effective establishment, operation, management, use, repair and maintenance of all common areas, drainage and facilities. vi. The CC&R's shall provide that the property shall be developed, operated and maintained so as not to create a public nuisance. vii. The CC&R's shall provide that the association may not be terminated without prior City approval. viii. The CC&R's shall provide that if the property is not maintained in the condition required by the CC&R's, then the City, after making due demand and giving reasonable notice, may enter the property and perform, at the owner's sole expense, any maintenance required thereon by the CC&R's or the City Ordinances. The property shall be subject to a lien in favor of the City to secure any such expense not promptly reimbursed. ix. Every owner of a suite or lot shall own as an appurtenance to such suite or lot, either (1) an undivided interest in the common areas and facilities, or (2) a share in the corporation, or voting membership in an association owning the common areas and facilities. L G:IPlanning\2006IPA06-0045 Creekside Centre - TPMIPlannlngICOA-TENT MAP -final.doc 14 x. All 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 the Planning and Public Works Departments prior to the issuance of building permits. xi. Reciprocal access easements and maintenance agreements ensuring access to all parcels and joint maintenance and use of all roads, drives and parking areas shall be provided by the CC&R's or by deeds and shall be recorded concurrent with the map or prior to the issuance of building permit where no map is involved. 48. No lot or suite in the development shall be sold unless a corporation, association, property owner's group or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&R's, which shall include compulsory membership of all owners of lots and/or suites and flexibility of assessments to meet changing costs of maintenance, . repairs, and services. Recorded CC&R's shall permit enforcement by the City for provisions required as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. 49. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Public Works Department 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. 50. 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. City of Temecula Fire Preventjon Bureau c. Planning Department d. Department of Public Works e. Community Services District 51. An easement for a joint use driveway shall be provided prior to approval of the Parcel Map or issuance of building permits, whichever occurs first. 52. Relinquish and waive rights of access to and from Overland Drive on the Parcel Map with the no openings as delineated on the approved Tentative Parcel Map. 53. Relinquish and waive rights of access to and from Nicole Lane on the Parcel Map with the exception of one opening as delineated on the approved Tentative Parcel Map. G:IPlanning\2006\PA06-0045 Creekside Centre - TPMIPlanningICOA-TENT MAP -final.doc 15 54. 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. 55. 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. 56. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of an existing Assessment District must comply with the requirements of said section. Prior to City Council approval of the Parcel Map, the Developer shall make an application for reapportionment of any assessments with appropriate regulatory agency. 57. Any delinquent property taxes shall be paid. 58. 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. 59. The Developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet recorded with any underlying maps related to the subject property. 60. 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. 61. 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. 62. Private drainage easements for cross-lot drainage shall be required and shall be delineated and noted on the Final Map. 63. 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. " G:lPlanning\2006\PA06-OO45 Creekside Centre. TPMlPlanning\COA-TENT MAP -flnal.doc 16 OUTSIDE AGENCIES G:lPlanning\2006IPA06-0045 Creel<side Centre. TPM\PIanningICOA-TENT MAP -final.doc 17 64. Flood protection shall be provided in accordance with the Riverside County Flood Control District's transmittal dated March 9, 2006, a copy of which is attached. The fee is made payable to the Riverside County Flood Control Water District by either a cashier's check or money order, prior to the issuance of a grading permit (unless deferred to a later date by the District), based upon the prevailing area drainage plan fee. 65. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated March 21 , 2006, a copy of which is attached. 66. The applicant shall comply with the recommendations set forth in the Rancho California Water Districfs transmittal dated March 13, 2006 a copy of which is attached. 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. Date Applicant's Signature Applicant's Printed Name G:\Plannlng\200S\PAOS-0045 Creekside Centre - TPMlPlanning\COA-TENT MAP -final.doc 18 o WARREN D. WILLIAMS . IOncnll Man.ger-ChiefEngin.... o \ 1995 MARKET STREET RIVERSIDE, CA 92501 951.955.1200 951.788.9965 FAX www.f100dcontrol.co.rivenide.ca.us 105393_2 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT March 9, 2006 Ms. Harmony Bales City of Temecula PlaMing Department Post Office Box 9033 Temecula, CA 92589 [D)[g@[g U W~l(Y ln1 MAR 1 5 2006 lYJ By PlannIng Department . Dear Ms. Bales: Re: Parcel Map 34387 . (P A06-0045) The District does not nonnallyrecommend conditions for land divisions or other land use cases in incorporated cities. The District also does not plan check city land use cases or provide State Division of Real Estate letters or other flood hazard reports for such cases. . District comments/recommendations for such cases are nonnally limited to items of specific interest to the District including District Master Drainage Plan facilities, other regional floOd. control and drainage' facilities which could be considered a logical component or.extension<ofarnaster plan system and District Area Dririnage Plan fees (development mitigation fees). In addition, infonnatioI!- of a general nature,is p~ovided. . ,( The District has not reviewed the proposed project in det!lil and the following comments do not in any .. way coDstitute or imply District approval or endorsement of the proposed project with respect to flood . . hazard, public health .and safety or any other such issue: , . This proposed project is adjacent to facilities that could be considered regional in nature and/or a logical extension of Temecula Valley Ynez Road Stonn Drain. If the City desires for the District to maintain the drainage facilities, the following five. items shall be accomplished. prior to starting construction. of drainage . facilities or recordation of final map: 1) the developer shall submit to the CitylDistrict the preliminary title reports, plats . and legal descriptions for all right of way to be conveyed to the CitylDistrict and secure thai right of way to the satisfaction of the CitylDistrict, 2) a three party agreement between the City, District and Developer must be. executed which establishes the terms and conditions of inspection, operation and maintenance, 3) approved plans for the facility must be signed by the District's General Manager-Chief Engineer, the plans cannot be signed prior to execution of the agreement, 4) all regulatory pennits (and any attachments thereto such as Habitat Mitigation and Monitoring Plans, Conservation PlimsJEasements) to be secured by the Developer shall. be submitted to the City for review, 5) submit copies . .of CEQA andMSHCP 40cumerits to CitylDistrict.". . ._,c", . This project is located within the.limits of the District's Murrieta Creek ~ Temecula Valley Area Drainage Plan for which drainage fees have been adopted; applicable fees should be paid prior to the issuance of grading permits. . Fees to be paid should be at the rate in effect at the time of issuance of the actual pennit. ---- .. . o o 105393_2 . Ms. Harmony Bales City ofTemecula Re:' Parcel Map 34387 (PA06-004S) -2- March 9, 2006 -'. GENERAL INFORMATION This project may require a National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. Clearance for lWKling,recordation or other fmal approval should not be given until the City has determined that the project has been granted a permit or is shown to be exempt. .' " If this project involves a Federal Emergency Management Agency (FEMA) mapped flood plain, then the City should require the applicant to provide all studies, calculations, plans and other information required to meet FEMA requirements and should further require that the applicant obtain a Conditional Letter of Map Revision (CLOMR) prior to grading, recordation or other final approval of the project and a Letter of Map Revision (LOMR) prior to occupancy. The applicant shall show written proof of compliance with the Multiple Species Habitat Conservation Plan (MSHCP) for any drainage facilities the applicant proposes to be maintained by the District. All applicable CEQA and MSHCP documentS and permits shall address the construction, operation and maintenance of all onsite and off site drainage facilities. Draft CEQAdocuments shall be forwarded to the District during the public review period, . If a natural watercourse or mapped floodplain is impacted by this project, the City should require the applicant to obtain all applicable Federal, State and local regulatory permits. These regulatory permits include but lire not limited to: a Section 404 Permit issued by the U.S. Army Corps of Engineers in compliance with section 404 of the Clean Water Act, a California State Department of Fish and Game Streambed Alteration Agreement in compliance with the Fish and Game Code Section 1600 et seq., and a 401 Water Quality Certification or a Report of Waste Discharge Requirements in compliance with Section 401 of the Clean Water Act or State Porter Cologne Water Quality Act, respectively, from the appropriate Regional Water Quality Control Board. The applicant shall also be responsible for complying with all mitigation measures as required under CEQA and all Federal, State and local enviromnental rules and regulations. Very truly yours, ~dk1 ARTURO DIAZ Senior Civil Engineer c: Riverside County Planning Department Attn: David Mares AM:blj Q)UNTY OF RIVERSmO DEPARTMENT OF ENVIRONMENTAL HEALTH TO: DATE: Pre-DRC Meeting to be held on March 21, 2006 City of Temecula Planning Department ATI'N: Harmony Bales ~Greg\Dellenbach, REHSIV OVERLAND PLAZA INV, PA06-0045 APN 921-810-025 . Site Location: Southwest comer of Overland Drive and Nicole Lane FROM: RE: 1. Department of Environmental Health has reviewed the Tentative Parcel Map (I'PM34387) to subdivide 6.27 acres into 3 parcels, for your applicant: Overland Plaza Inv, PA06-0045 and we have no objections. 2. PRIOR TO PLAN CHECK SUBMITTAL, the following are required: a) "WilI-serve"letters from the appropriate water (RCWD) and sewering (EMWD) districts. b) If there are to be any food establishments, (including vendingmachines),'three complete sets of plans for each food establishment will be submitted including a fixture schedule, a finish schedule and a plumbing schedule in order to ensure compliance with the California Uniform Retail Food Facilities Law 2. For specific reference, please contact Food Facility Plan Examiners at 4065 County Circle Dr., Riverside, CA 92503 (951) 358.5316 Fax 358.4529. c) If there are to be any hazardous materials, a clearance letter from the Department of . Environmental Health Hazardous Materials Management Branch (951) 358.5055 will be . required indicating that the project has been cleared for: . Underground storage tanks, Ordinance # 617.4. . Hazardous Waste Generator Services, Ordinance # 615.3. . Hazardous Waste Disclosure. (in accordance with Ordinance # 651.2). . Waste reduction management. 3. Departnient of Environmental Health portion due at Planning Department for regular submittal will be $528rrentative Map SAN 53 review, which is a deposit-based fee, has been received. GD:gd (951) 377.8464 Faxed ~ bact to City OD 9 Mar 06 . BRS06 ll.'olNlDDEWNlDlMI!aTYOPTEM!IC\.tATfIILlTTSlTOI'l.AHNtGDEPl'DOCI @ IaDcha later Boanlor_ BeaB.Dnke _t _d......... Sr. VlaPnekJeDt Ralph B._ LIsa D.Berman Jom B.1Ioqbuul ,Micbae1 R. MeMUlaa ;Wmb~E.~ "'"-. _d._ a.-.!_ PhIDlp LPortte. Auiatant 0eDeral Manapr I Cbief~Offtcer E. P. "Bob-1.emoDII DireC:torot EncineerfnI ....... B. ...... DiNctm-or_ JeflD.~. """""'" KeIU B.""'" -- C. Michael Cowe" Best Best. EriefeZ' LLP GenenI CouDOol March 13, 20 6 1iJ)~@~ n \Vl~ l[)l In1 MAR 1 5 2006 I!!) Dear Ms. Linton: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District (RCWD). Water service, therefore, would be available upon construction of any required on-site and/or off- site water facilities and the completion of financial arrangements between RCWD and the 'property owner. If fire protection is ~uired, the customer will need to contact RCWD for fees and requirenients. Water aviillability would be contingent upon the property owner signing an Agency Agreement that assigns water management rights, if any, to RCWD. This project has the potential to become a commercial condominium ,development, with individual building' owners .and an Owner's Association maintaining the comnion property and private water, fire protection, and landscape irrigation facilities. As a condition of approval for the project, RCWD requires that the City of Temecula include a Reciprocal Easement and Maintenance Agreement for these on-site private water facilities. In addition to this agreement, RCWD would require individual water meters for each condominium unit. If you should have any questions, please contact an Engineering Services Representative at this office. Sincerely, RANCHO CALIFORNIA WATER DISTRICT 1J1;Jfh7J7~r . Michael G. Meyerpe~.'p:E. Acting Development Engineering Manager ce: Laurie Williams, Engineering Services Supervisor Bud Jones, Associate Engineer 06\MM:atOS8IFEG Rancho CaUlonda Water District 4Jl85Wincbe8WrRoad. PoatOfllceButo17 . Ttmecula,Ctilifomia92589-9017 . (961)296-6900 . J'AX(V51)296-6860