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HomeMy WebLinkAbout2022-09 PC ResolutionP C RE S O L U T I O N N O . 2 0 2 2 -0 9 A RE S O L U T I O N O F T H E P L A N N I N G C O M M I S S I O N O F T H E C I T Y O F T E M E C U L A A P P R O V I N G P L A N N IN G A P P L I C A T I O N N O . P A 2 1 -0 8 3 9 , A T E N T A T IV E T RA C T M A P (T T M 3 8 1 2 1 ) F O R C O N D O M IN I U M P U RP O S E S F O R T H E C RE A T I O N O F O N E (1 ) RE S ID E N T IA L L O T , T W O (2 ) O P E N S P A C E L O T S , A N D O N E (1 ) 2 .9 5 A C RE L O T F O R S T RE E T A N D H I G H W A Y D E D I C A T I O N L O C A T E D A T T H E T E RM I N U S O F E Q U IT Y D RI V E O N T H E W E S T S ID E O F YN E Z R O A D (A P N S : 9 1 6 -4 0 0 -0 5 1 , 9 1 6 -4 0 0 -0 5 2 , 9 1 6 -4 0 0 - 0 5 3 , 9 1 6 -4 0 0 -0 6 3 , 9 1 6 -4 0 0 -0 6 6 , 9 1 6 -4 0 0 -0 6 7 ), A N D M A K IN G A F I N D I N G T H A T T H E P R O J E C T IS N O T S U B J E C T T O F U R T H E R E N V I R O N M E N T A L RE V IE W U N D E R S E C T I O N S 1 5 1 8 2 AN D 1 5 1 6 2 O F T H E C A L IF O RN IA E N V I R O N M E N T A L Q U A L IT Y A C T (C E Q A ) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On June 16, 2021, AHV Communities filed two Planning Applications: No. PA21- 0838, a Development Plan and No. PA21-0839, a Tentative Tract Map (TTM 38121). These applications (collectively "Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. The Project was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the Project and environmental review on April 20, 2022, 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. D. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA21-0839, subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that in accordance with Temecula Municipal Code Section 16.09.140: A. The proposed subdivision and the design and improvements of the subdivision are consistent with the Development Code, General Plan, any applicable specific plan, and the City of Temecula Municipal Code. The maximum number of residential units allowed within the Residential Overlay of the Harveston Specific Plan is 1,000. The proposed project proposes the creation of (1) residential lot, two (2) open space lots, and one (1) 2.95 acre lot for street and highway dedication. As such, the total number of residential units proposed as part of this project and previously approved within the Residential Overlay are below what is allowed per the Specific Plan. Furthermore, the proposed Tentative Map is consistent with the design requirem ents of the Harveston Specifi c Plan. T herefo re, the proposed subdivision and the design and im pro vem ents of the subdivision are consistent w ith the Developm ent C ode, Genera l Plan, the City of T em ecula M unicipal C ode, an d the Harv eston Specific Plan. B. T he Tentative M ap does not pro pose to divide land, which is the 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 property has not been used as agricultural land and has never been subject to any W ill iam son A ct contra cts. C. T he site is physically suitable fo r the type and proposed density of development proposed by the Tentative Map. The site is physically suitable for the type and proposed density of development proposed by the Tentative Map. The proposed Tentative Map is in accordance with what is allowed by the previously approved Residential Overlay within the Harveston Specific Plan which allows for 1,000 residential units. Specifically, Planning Area 12 allows for a maximum of 1,000 residential units. The Tentative Map for Condominium Purposes will allow for the development of single family homes that results in under 1,000 total residential units as part of this project and previously approved within Planning Area 12. As such, the site is suitable for this development proposed. D. The design of the subdivision and the proposed improvements, with Conditions of Approval, are either: 1. Not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat, or 2. An environm ental impact report has been prepared and a finding has been made, pursuant to Public Resources Code Section 21081(a)(3), finding that specific economic, social, or other considerations make infeasible mitigation measures or project alternatives identified in the environmental impact report. A Subsequent Environm ental Impact Report (SEIR) was prepared and certified on December 1, 2020 in connection with the second amendment to the Harveston Specific Plan that allowed for the creation of the residential overlay zone (EIR No. SCH# 2019070974). The SEIR identified seven (7) areas where no impacts were discovered. These areas are: Aesthetics, Agriculture and Forestry, Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality, Mineral Resources, and Wildfire. The analysis identified seven (7) areas where impacts were not considered to be significant. T hese areas in cl u de: E nergy, G reenh ouse G as E m ission s and C lim ate C hange, Land U se and P lann ing, Population and H ousing, Public Serv ices, R ecreation, and U tilities and Service Sy stem s. T he SE IR recom m ended fe asible m itigation m easures fo r enviro nm ental im pacts that can be m itigated to a less than signifi cant im pact in the fo llow ing areas: B iological R esour ces, C u ltura l R esources, N oise, Tra nsport ation, and Tribal C u ltura l R esources. A M itigation M onitorin g and R eport ing Pro gra m w as adopted in conn ection w ith the SEI R . C on sequentl y, the T entative M ap, w hich im plem ents the second a m e n d m e n t t o t h e H arveston Specifi c Plan, is not likely to cause signifi cant enviro nm ental d a m a g e o r s u b s t a n t ia ll y a n d a v o i d a b l y inj u r e fi s h o r w ildlife or their habitat, based on the analysis in the SEI R . In addition, w hile the SE IR identifi ed A ir Q uality as creating s ig n ifi c a n t a n d u n a v o i d a b le im p a c t s , in a ccordance w ith Section 15 093 of the State C E Q A G uidelines, a Statem ent of O verr iding C on sidera tion s w as adopted stating that the signifi cant adverse project effects are acceptable because the expected project benefi ts outw eigh unavoidable adverse enviro nm ental im pacts. In addition , the C ity C ouncil adopted Fin dings of F acts in Support of Findings that identify that, w ith respect to A ir Q uality, specifi c econom ic, legal, social, techn ological, or other considera tions, incl u ding pro vision of em ploym ent opport unities fo r highly tra in ed w orkers, m ake infe asible the m itigation m easur es or project altern atives identifi ed in the F inal SE IR. T he Fin dings of Fact in Support of Findin gs ar e incorp ora ted herein as if set fo rt h in fu ll . B ecause the T entative M ap im plem ents the H arv eston Sp ecifi c Plan as am ended, these sam e considera tions and findin gs apply here. E . T he design of the subdivision and the type of im pro vem ents are not likely to cause serious public health pro blem s. T he design of the subdivision and the type of im pro v em ents are not likely to cause serious public health pro blem s because the pro posed developm ent is consistent w ith all applicable building, developm ent an d fire codes, w hich incl ude pro vision s to safe guard public health, and w ill be fu rt her review ed and in spected by C ity staff fo r com pliance w ith all applicable buildin g, developm ent and fire codes prior to issuance of an y gra din g, buildin g, or occupancy perm its. F . T he design of the subdivision pro vides fo r fu ture passiv e or natura l heatin g or cooling opport unities in the subdivision to the extent fe asible. T he design of the subdiv ision pro vides fo r fu ture passive or natura l heating or cooling opport unities. T he project has been designed to ensur e that all setbacks have been m et and that light and air access is available to the extent possible. In addition, the constru ction w ill be requ ired to con fo rm to all state energy effi ciency cod es as w ell. G . T he design of the subdivision and the type of im pro vem ents w ill not confl ict w ith easem ents acquired by the public at large fo r access thr ough or use of pro pert y w ithin the pro posed subdiv ision, or the design of the altern ate easem ents w hich are substantially equivalent to those previously acquired by the public w ill be pro v ided . T he subdivision w as designed, and the im pro vem ents bein g pro posed incl uding the residential lots w ill not confl ict w ith existing or fu tur e easem ents acquired by the public at larg e fo r access th ro u g h or u se of p ro p ert y w ith in th e p ro p o sed su b d iv isio n . T h e p roject is b ein g co n d itio n ed to gra n t all req u ired easem en ts an d d ed icatio n s. H . T h e su b d iv isio n is co n sisten t w ith th e C ity 's p ar k lan d d ed icatio n req u irem en ts (Q u im b y A ct). T h e su b d iv isio n is co n sisten t w ith th e C ity 's p ar k lan d d ed icatio n req u irem en ts (Q u im b y A ct) b ecau se p ay m en t o f Q u im b y fe es h as b een in cl u d ed as a co n d itio n o f ap p ro v al o f th e p roject. Sectio n 3. E n v iro nm en tal F in d in g s. T h e P lann in g C o mm issio n h ereb y m ak es th e fo ll o w in g en v iro nm en tal fi n d in g s an d d eterm in atio n s in co nn ectio n w ith th e ap p ro v al o f th e T en tativ e M ap : A. In accordance with the California Environmental Quality Act, it has been determined that no further environmental review of the proposed project is required (Section 15182, Projects Pursuant to a Specific Plan and Section 15162, Subsequent EIRs and Negative Declarations); 1. On August 14, 2001, the City Council certified the Program Environmental Impact Report for the Harveston Specific Plan (SCH #99041033). Amendment No. 1 to the Harveston Specific Plan (SP 13) was approved on August 26, 2003 by the adoption of Resolution No. 03-110. A Subsequent Environmental Impact Report (SEIR) was prepared and certified on December 1, 2020 in connection with the second amendment to the Harveston Specific Plan that allowed for the creation of the residential overlay zone. The proposed project has been determined to be consistent with the previously adopted Harveston SEIR. Staff has determined that the project is exempt from CEQA pursuant to CEQA Guidelines Section 15182 as the proposed residential development is in conformity with the Harveston Specific Plan, as amended. Staff has reviewed the SEIR and has determined that the proposed project does not require the preparation of a subsequent Environmental Impact Report as none of the conditions described in Section 15162 of the CEQA Guidelines (14 Cal. Code Regs. 15162) exist. Specifically, there are no substantial changes proposed by the proposed project that will require major revisions of the previous SEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; no substantial changes have occurred with respect to the circumstances under which the proposed project are undertaken that will require major revisions of the previous SEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and there is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous SEIR was adopted, showing that: (a) the proposed project will have one or more significant effects not discussed in the SEIR; (b) there are significant effects previously examined that will be substantially more severe than shown in the SEIR; ( c) there are mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the proposed project, but the City declines to adopt the mitigation measure or altern ative; or ( d) mitigation measures or altern atives which are considera bly different from those analyzed in the SEIR would substantially reduce one o r m o re sig n ificant effects on the environm ent, but the City declines to adopt the mitigation measure or altern ative. The application for a tentative tra ct map for one (1) re sid e n tia l lo t, tw o (2) open space lots, and one (1) 2.95 acre lot for street and highway d e d ic a tio n is co n sistent with the project that was analyzed by the SEIR. The pro posed project is required to meet all requirements and mitigation contained in SEI R. Section 4. Conditions. The Plann ing Commission of the City of Temecula approves Plann ing Application No. PA21-0839, a Tentative Tract M ap (TTM 38121) for Condominium Purposes for one (1) residential lot, two (2) open space lots, and one (1) 2.95 acre lot for street and highway dedication located at the term inus of Equity Drive on the west side of Ynez Road, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorpora ted herein by this reference. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 20th day of April, 2022. Gary Watts, ATTEST: [SEAL] STATE OF CALI FORN IA ) C O UN T Y OF RIVER SIDE )ss C IT Y O F T E M E C U L A ) I, Luke W atson, Secretary of the Tem ecula Plann ing Com m ission, do hereby certify that the fo rg o in g P C Re solution No. 2022-09 was duly and regularly adopted by the Plann ing Com m ission of the City of Tem ecula at a regular m eeting thereof held on the 20th day of April, 2022, by the fo llowing vote: AYES: NOES: 3 PLANN IN G COM M ISSIONER S: Hagel, Ruiz, W atts 0 PLANN IN G COM M ISSIONERS: None A B S T A IN : 0 P L A NN IN G C O M M ISSIONERS: None ABSENT: 2 PLANN IN G COM M ISSIONERS: Te~ Luke W atson Secretary CITY OF TEMECULA C O N D IT IO N S O F A PP R O VA L A CC E PTA N C E Planning A pplication Num ber: PA 21-0839 By sig n ing below , I/w e have agreed to the fo llow ing C onditions of A ppro val, incl uding (but not lim ited to) any referenced do cum ents, local state, or federal regulations, statem ent of operations, ho u rs of operation, floo r pla ns, site plans, and C onditions that m ay require the paym ent or re im b urse m e nt of fee s, as described. I/w e have read the attached C onditions of Approval and un d e rstand the m . I/w e also understand that vio lations or non-com pliance with these Conditions of A p p ro va l, m ay delay a pro je ct, and/or result in the revocation of a perm it in accordance w ith the Te m e cula M un ici pa l C ode. I/w e are also responsible fo r discl osing these C onditions of A pproval to an y successive ow ne rs/ope rators. I/w e agree and com m it to the C ity of Tem ecula that I/we will im ple m e nt and abide by the C o nditions of A pproval, incl uding any indem nification requirem ents im p o se d by tho se conditio ns. Pro p e rt y O w ne r P rinted N a m e C (L ~ / fHtV Pn,wo 0'-'"'4 , LL ( 1 A p p lican t Printed N a m e Cll ¥) /!Htv ~~, (faNUl., LLC- Property O w ner Signature & D ate ~ i /if /u. Applicant Signature & Date / ~ 'ffs 2-l E X H IB IT A C ITY O F TE M E C U LA F IN A L C O N D IT IO N S O F A P P R O VA L P lanning A pplicatio n N o.: P roject D escriptio n: A ssesso r's P arcel N o.: PA21-0839 Prado TTM: A Tentative Tract Map (No. 38121) for Condominium Purposes for the creation of one (1) residential lot, two (2) open space lots, and one (1) 2.95 acre lot for street and highway dedication located at the terminus of Equity Dr. on the west side of Ynez Road 916-400-051 916-400-052 916-400-053 916-400-063 916-400-066 916-400-067 MSHCP Category: DIF Category: TUMF Category: Quimby Category: New Street In-lieu of Fee: Approval Date: Expiration Date: PLANNING DIVISION General Requirements 1. Indemnification of the City. Indemnity, Duty to Defend and Obligation to Pay Judgments and D e fe nse C o sts, In clu d in g A tt o rn e ys' Fe e s, Incurred by the City. The Applicant shall defend, indemnify, and hold harmless the City, its elected officials, officers, employees, volunteers, ag e nts, and tho se C ity agents serving as independent contractors in the role of City officials (co lle ctiv e ly "lnd e m n ite e s") fr o m a nd aga inst a ny cl a im s , da m a ge s, actions, causes of actions, la w suits, suits, pro ce e d ing s, lo sse s, ju d g m e nts, costs, and exp e nse s (incl u d ing , w itho ut lim itatio n , att o rn e ys' fee s o r co urt co sts) in any m a n n e r a ris ing out of or incident to the P la nn in g C o m m issio n's actio ns, th is ap p rova l a nd the C ity C o u nc il's actio ns, re la ted e ntitle m e nts, or the C ity's e nv iro nm e nta l re vie w the re o f. T he A pp licant sha ll p a y and sa tisfy a ny jud g m e nt, aw a rd o r de cree tha t m a y b e re nde red aga inst C ity or the othe r ln d e m n itee s in any such suit, actio n, or othe r le g a l proce e din g . T he C ity sha ll pro m p tly no tify the A pp lica nt of a ny cl a im , actio n , or pro ce e d in g a nd the C ity sha ll rea so na b ly coo p e rate in the de fense . If the C ity fails to pro m p tly no tify the A p p lica nt of any cl a im , actio n , o r pro cee d in g , o r if the C ity fails to re aso na b ly co o pe rate in the de fense , the A p p lica nt sha ll n o t the re a ft e r b e re spo nsib le to de fe nd , ind e m n ify , or h o ld h a rm le ss the C ity o r the lnd e m n itee s. T he C ity sha ll h a ve the rig ht to se le ct co u nse l of its cho ice . T he A p p lica nt sha ll re im b urse the C ity, a nd the othe r ln d e m n ite e s, for any and all le g a l expe nse s a nd co sts in curre d b y ea ch of the m in co nn e ctio n the rew ith o r in enforcing the in d e m n ity h e re in provid e d . N o thing in th is co nd itio n sha ll b e co nstrue d to req u ire the A p p lica nt to in d e m nify lnd e m n ite e s for any cla im arising fro m the so le n e g lig e nce o r w illful m isco nd u ct of the ln d e m n ite e s. In the eve nt such a le g a l actio n is file d cha lle ng in g the C ity's de te rm ina tio n s h e re in o r the issua nce of the a p p ro va l, the C ity sha ll estim a te its expe nse s fo r the litig a tio n. T he A p p lica nt sha ll de p osit sa id am o u nt w ith the C ity o r, at the discretio n of the C ity , e nte r into a n ag re e m e nt w ith the C ity to pay suc h expe nses as the y b e co m e due . 2 . E x p iratio n . T h is a p p ro va l sha ll b e u se d w ithin th re e ye a rs of th e a p p rova l da te ; othe rw ise , it sha ll b e co m e n u ll a n d vo id . U se m e a n s the be g in n in g of su b sta ntia l co nstructio n co nte m p la te d b y this a p p ro va l w ithin the th ree ye a r pe rio d , w hic h is the re aft e r dilige ntly pursu e d to co m p le tio n , o r the b e g in n in g of su b sta ntia l u tiliza tio n co nte m p la ted by th is ap p rova l, or u se of a pro pe rt y in co nform a nce w ith a C o nd itio na l U se P e rm it. A m o d ifica tio n m a d e to a n ap p ro ve d de ve lo p m e n t pla n do e s n o t aff ect the o rig in a l ap p ro va l da te of a de ve lo p m e nt pla n . 3. T im e E xte nsio n . T he D irecto r of C o m m u n ity D e ve lo pm e nt m a y, upo n a n a p p licatio n b e ing file d prio r to exp iratio n , a nd fo r go o d ca use , gra nt a tim e exte nsio n of up to five (5 ) exte n sio ns of tim e , o ne ye a r at a tim e . A m o d ifica tio n m a d e to an ap p ro ve d de ve lo p m e nt pla n do e s no t aff ect the o rig in a l a p p ro val da te of a de ve lo p m e nt pla n . 4 . C o nsiste ncy w ith S p e cific P la ns . T his proje ct a nd a ll su b se q u e nt proje cts w ith in this site sha ll b e co nsiste nt w ith H a rv e sto n S p e cific P la n (S P 13 ). 5. C o ns iste ncy w ith D e ve lo p m e nt A g ree m e nts. T he proje ct a nd a ll sub se q ue nt proje cts w ithin this site sha ll b e subje ct to D e ve lo p m e nt A gre e m e nt N o . 20 0 2 0 2 6 4 7 0 re cor de d o n Ja nua ry 16 , 20 0 2 and A m e nd m e nts. 6 . C o m p lia nce w ith E IR. T he H a rv esto n S p e cific P la n w a s fo rm a lly ad o pte d in 20 0 1 and a m e nd e d in 2 0 2 0 to allo w fo r re sid e ntia l de ve lo p m e nt o n th e proje ct site . A S u b se q ue nt E nv iro nm e nta l Im p act R e p o rt (S E IR ) w a s pre pa red a nd ce rt ifie d as p a rt of this effo rt (E IR S C H N o . 20 19 0 7 0 9 7 4 ). T he proje ct a nd a ll sub se q u e nt proje cts w ithin the site h a ve b e e n de te rm in e d to b e co nsiste nt w ith the previo usly ad o pte d H a rv e sto n S E IR sha ll co m p ly w ith all m itig a tio n m e a sures id e ntifi e d in the M itig a tio n M o nito rin g & R e po rt in g P rog ra m . Modifications or Revisions. The developer shall obtain City approval for any modifications or revisions to the approval of this project. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 7. 8. TCSD Service Levels. It shall be the developer's responsibility to provide written disclosure of the existence of the Temecula Community Service District (TCSD) and its service level rates and charges to all prospective purchasers. 9. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this approval. Prior to Recordation of the Final Map 10. 11. 12. Final Map. A copy of the Final Map shall be submitted to, and approved by, the Planning Division. Environmental Constraint Sheet. A copy of the Environmental Constraint Sheet (ECS) shall be submitted to, and approved by, the Planning Division with the following notes: a. This property is located within 30 miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory recommendations, Ordinance No. 655. b. Environmental Impact Report (EIR) No. SCH# 2019070974 was prepared for this project and is on file at the City of Temecula Planning Division. Submittal of CC&Rs. A copy of the Covenants, Conditions, and Restrictions (CC&Rs) shall be submitted and approved by the Director of Community Development. The CC&Rs shall include liability insurance and methods of maintaining open space, recreation areas, parking areas, private roads, exterior of all buildings, and all landscaped and open areas, including parkways. Applicants shall provide a deposit in the amount of $3,750 for the review of new CC&Rs. Amended CC&Rs will require a deposit of $2,000. The applicant shall be responsible for all costs incurred during the review of the CC&Rs and additional fees may be required during the course of the review. Form and Content of CC&Rs. The CC&Rs shall be in the form and content approved by the Director of Community Development, City Engineer, and the City Attorney, and shall include such provisions as are required by this approval and as said officials deem necessary to protect the interests of the City and its residents. Preparation of CC&Rs. The CC&Rs shall be prepared at the developer's sole cost and expense. 15. Review of CC&Rs. The CC&Rs and Articles of Incorporation of the Property Owners Association are subject to the approval of the Director of Community Development, Public Works Director, and the City Attorney. 13. 14. 16. CC&Rs and ManagemenUMaintenance of Common Areas. The CC&Rs shall provide for the effective establishment, operation, management, use, repair, and maintenance of all common areas, drainage facilities, and pollution prevention devices outlined in the project's Water Quality Management Plan. 17. CC&Rs and Public Nuisance. The CC&Rs shall provide that the property shall be developed, operated, and maintained so as not to create a public nuisance. 18. Termination of CC&Rs. The CC&Rs shall provide that the association may not be terminated without prior City approval. 19. CC&Rs and Maintenance of Property. The CC&Rs shall provide that if the property is not maintained in the condition required by the CC&Rs, then the City, after making due demand and giving reasonable notice, may enter the property and perform, at the owner's sole expense, any maintenance required thereon by the CC&Rs or the Temecula Municipal Code. The property shall be subject to a lien in favor of the City to secure any such expense not promptly reimbursed. 20. Interest in Association. Every owner of a suite or lot governed by CC&Rs shall own as an appurtenance to such suite or lot, either: (1) an undivided interest in the common areas and facilities, or (2) a share in the corporation, or voting membership in an association owning the common areas and facilities. 21. Maintenance of Open Areas. All open areas and landscaping governed by CC&R shall be permanently maintained by the association or other means acceptable to the City. Such proof of this maintenance shall be submitted to the Planning Divisions and Public Works Department prior to the issuance of building permits. 22. Reciprocal Easements. Reciprocal access easements and maintenance agreements ensuring access to all parcels and joint maintenance of all roads, drives, parking areas, drainage facilities, and water quality features, shall be provided by the CC&Rs or by deeds and shall be recorded concurrent with the map or prior to the issuance of building permit where no map is involved. 23. Consent of City of Temecula. An Article must be added to every set of CC&Rs, following the Declarant's signature, to read as follows: CONSENT OF CITY OF TEMECULA The Conditions of Approval for Tentative Tract Map No. 38121 require the City of Temecula to review and approve the CC&Rs for the Parcel. The City's review of these CC&Rs has been limited to a determination of whether the proposed CC&Rs properly implement the requirements of the Conditions of Approval for the Parcel. The City's consent to these CC&Rs does not contain or imply any approval of the appropriateness or legality of the other provisions of the CC&Rs, including, without limitation, the use restrictions, private easements and encroachments, private maintenance requirements, architecture and landscape controls, assessments, enforcement of assessments, resolutions of disputes or procedural matters. Subject to the limitations set forth herein, the City consents to the CC&Rs. Luke Watson Deputy City Manager Approved as to Form: Peter M. Thorson City Attorney 24. Consent of City of Temecula. An Article must be added to every set of CC&Rs to read as follows: Article CONSENT OF CITY OF TEMECULA __ 1. The Conditions of Approval of Tentative Tract Map Number 38121 requires the City to review and approve the CC&Rs for the Parcel. __ 2. Declarant acknowledges that the City has reviewed these CC&Rs and that its review is limited to a determination of whether the proposed CC&Rs properly implement the requirements of the Conditions of Approval for the Parcel. The City's consent to these CC&Rs does not contain or imply any approval of the appropriateness or legality of the other provisions of the CC&Rs, including, without limitation, the use restrictions, private easements and encroachments, private maintenance requirements, architecture and landscape controls, assessment procedures, assessment enfo rcement, resolution of disputes or procedural matters. __ 3. In the event of a conflict betw een the Conditions of Approval of the land use entitlements issued by the City for the Parcel or Federal, State, or local laws, ordinances, and regulations and these CC&Rs, the provisions of the Conditions of Approval and Federal, State or local laws, ordinances, and regulations shall prevail, notw ithstanding the language of the CC&Rs. __ 4. These CC&Rs shall not be terminated, amended or otherwise modified without the express written consent of the Director Community Development of the City of Temecula. 25. Operation of Association. No lot or suite in the development shall be sold unless a corporation, association, property owners group or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&Rs, which shall include compulsory membership of all owners of lots and/or suites and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&Rs shall permit enforcement by the City for provisions required as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. 26. 27. Recordation of CC&Rs. CC&Rs shall be finalized and recorded at the time of Final Map Recordation. Copies of CC&Rs. Three copies of the final recorded CC&Rs shall be provided to the Planning Division. P U B LI C W O R K S D E PA R T M E N T General Requirements 28. 29. Subdivision Map. The developer shall submit a complete Tract Map submittal for review and approval. Any omission to the representation of the site conditions may require the plans to be resubmitted for further review and revision. Grading Permit. A grading permit for rough and/or precise grading shall be obtained from Public Works prior to commencement of any construction within private property. Grading shall be in accordance with the approved grading plan, grading permit conditions and City codes/standards. 30. Encroachment Permits. Prior to commencement of any applicable construction, encroachment permit(s) are required; and shall be obtained: a. from Public Works for public offsite improvements; b. from the California Department of Transportation if encroaching within their right-of-way; and c. from Riverside County Flood Control & Water Conservation District (RCFC&WCD) if encroaching within their right-of-way. 31. PW-005: Improvement Plans. The developer shall submit improvement plans (to include public/private street plans, storm drain plans, traffic signal plans, signage and striping plans, etc.) as required for review and approval by Public Works. The designs shall be in compliance with Caltrans, Riverside County Flood Control and Water Conservation District and City codes/standards. 32. Private Drainage Facilities. All onsite drainage and water quality facilities shall be privately maintained. 33. Landscaped Plans (for Ynez Road median modification). The developer: a. shall contact the Park/Landscape Maintenance Supervisor for a pre-design meeting to discuss design parameters. The design shall be in conformance with the Temecula Community Services District's Landscape Standards. b. his successor or assignee, shall be responsible for the maintenance of the landscaped median until such time Public Works accepts that responsibility. 34. Access restriction. The future access onto Ynez Road shall be restricted to a right-in/right-ouUleft-in movement. 35. Underlying Approvals. If, in applying these conditions, there is any conflict between the requirements of (i) the Project's Development Agreement, as amended to date, (ii) the Specific Plan, as amended to date, (iii) Tentative Tract Map No. 29639, and/or (iv) Tentative Parcel Map No. 36336, the prevailing requirement shall be determined as follows: a. First priority goes to the provisions of the Development Agreement b. Second priority goes to the provisions of the Specific Plan, then c. Third priority goes to the provisions of the Tentative Tract Map No. 29639, then d. Fourth priority goes to the provisions of Tentative Parcel Map No. 36336 Prior to Recordation of the Final Map 36. Conditions of Approval. The developer shall comply with all Conditions of Approval, the Engineering and Construction Manual and all City codes/standards at no cost to any governmental agency. 37. Plans, Agreements & Securities. The developer shall have approved improvement plans, executed subdivision improvement agreements and posted securities. 38. Right-of-Way Dedications. All easements and/or right-of-way dedications shall be offered for dedication to the public or other appropriate agency and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by Public Works. 39. Environmental Constraint Sheet (ECS). The developer shall prepare and record an ECS with the Tract Map to delineate identified environmental concerns. The developer shall comply with all constraints per the recorded ECS along with any underlying maps related to the property. 40. Required Clearances. As deemed necessary by Public Works, the developer shall receive written clearance from the following agencies: a. Riverside County Flood Control and Water Conservation District; b. Rancho California Water District; c. Eastern Municipal Water District; d. or other affected agencies 41. Right of Access. Relinquish and waive right of access to and from Ynez Road on the Final Map with the exception of one opening as delineated on the approved Tentative Tract Map. 42. Easements. Note the following: a. An easement shall be dedicated for public utilities and emergency vehicle access for all private streets and drives. b. Private easements for cross-lot drainage shall be delineated and noted on the Tract Map. c. Easements (when required for roadway slopes, landscape, drainage facilities, utilities, etc.) shall be shown on the Tract Map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted for review and recorded, as directed by Public Works. Onsite drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the Tract Map. A note shall be added to the Tract Map stating: "Drainage easements shall be kept free of buildings and obstructions." 43. RCFC&WCD Approval. A copy of the grading and improvement plans, along with supporting hydrologic and hydraulic calculations, shall be submitted to the Riverside County Flood Control and Water Conservation District for approval prior to issuance of any permit. 44. Irrevocable Offer of Dedication. The developer shall provide an Irrevocable Offer of Dedication for future Interstate 15 Northbound off ramp, as shown on the approved Tentative Tract Map. 45. Public Street Improvements and Securities. The developer shall design and guarantee construction (i.e., posting of security and entering into agreements) of the following public improvements (including parkways and medians) to the City's General Plan standards unless otherwise noted. Plans shall be approved by Public Works. a. Improve Ynez Road (Major Arterial (4 lanes divided) Standard No. 101 - 11 O' R/W) to include installation of sidewalk, drainage facilities, signing and striping, utilities (including but not limited to water and sewer}, and raised landscaped median modification. 46. Traffic Signal Modification. The developer shall design and guarantee installation of traffic signal modifications for the intersection of Ynez Road and Equity Drive. The traffic signal modifications shall include designs for fiber optic communications on Ynez Road from Winchester Road to Equity Drive, traffic signal fiber communication equipment, CCTV, and other necessary traffic signal modifications needed for the entry driveway connection at Ynez Road and Equity Drive. The plans shall be prepared by a registered civil engineer and conform to the latest edition of the City of Temecula's Traffic Signal Standards and Guidelines. 47. Parkway Landscaping. All parkway landscaping areas shall be privately maintained. 48. Private Streets. Private ro ads shall be designed to meet C ity public ro ad standards. Unless o th e rw is e a p p ro v e d , th e fo ll o w in g m in im u m c r ite r ia s h a ll b e o b s e rv e d in th e d e s ig n o f p rivate s tre e ts : a. Improve Equity Drive (Private Street - 60' R/E) to include installation of full-width street improvements, including utilities, as shown on the approved Tentative Tract Map. b. Improve Streets A, B, C and D (Private Street - 60' R/E) to include installation of full-width street improvements, including utilities, as shown on the approved Tentative Tract Map. c. Improve Streets C and D at the Entry Circles (Private Street - 86' R/E) to include installation of full-width street improvements, including utilities, as shown on the approved Tentative Tract Map. d. Improve Alleys A through EE (Private - 24' R/E) to include installation of full-width street improvements as shown on the approved Tentative Tract Map. e. Cul-de-sac geometries shall meet current City standards. f. Minimum safe horizontal centerline radii shall be required (all centerline radii should be identified on the site plan). g. All intersections shall be perpendicular to 90 degrees. 49. Undergrounding Utility Systems. All utility systems including gas, electric, telephone, water, sewer and cable TV shall be provided underground (with the required easements); and shall be designed and constructed in accordance with City codes and utility provider's standards. Telephone, cable TV and/or security systems shall be pre-wired in the residence. The developer shall notify the City's cable TV franchisees of the Intent to Develop. Conduit shall be installed to cable TV standards at time of street improvements. 50. Assessments. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision, which is part of an existing Assessment District, must comply with the requirements of said section. The developer shall submit an application for reapportionment of any assessments with the appropriate regulatory agency. 51. Property Taxes. Any delinquent property taxes shall be paid. 52. Parcel Geometry. The applicant shall submit an editable projected digital version of the parcel geometry in a drawing exchange format (pursuant to Riverside County standards). Prior to final approval, the City's GIS Division shall conduct quality control on the data to verify accuracy and compatibility. Prior to Issuance of a Grading Permit 53. Required Clearances. As deemed necessary by Public Works, the developer shall receive written clearance from the following agencies: a. Riverside County Flood Control and Water Conservation District; b. or other affected agencies. 54. Grading/Erosion & Sediment Control Plan. The developer shall submit a grading/erosion & sediment control plan(s) to be reviewed and approved by Public Works. All plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. The approved plan shall include all final WQMP water quality facilities and all construction-phase pollution-prevention controls to adequately address non-permitted runoff. Refer to the City's Engineering & Construction Manual at: www.TemeculaCA.gov/ECM 55. Erosion & Sediment Control Securities. The developer shall comply with the provisions of Chapter 18, Section 18.24.140 of the Temecula Municipal Code by posting security and entering into an agreement to guarantee the erosion & sediment control improvements. 56 . N P D E S G e n e ra l P e rm it C o m p lia n c e . T h e d e v e lo p e r s h a ll o b ta in p roje c t co v e ra g e u n d e r th e S ta te N a tio n a l P o llu ta n t D is c h a rg e E lim in a tio n S y s te m (N P D E S ) G e n e ra l P e rm it fo r C o n s tru c tio n A c tiv itie s a n d s h a ll p ro v id e th e fo llo w in g : a. A c o p y o f th e Wa s te D is c h a rg e Id e n tific a tio n nu m b e r (W D ID ) is s u e d by th e S ta te W a te r R e s o u rc e s C o n tro l B o a rd (S W R C B ); b . T h e p roje c t's R is k Le v e l (R L ) d e te rm in a tio n nu m b e r; a n d c . T h e na m e , co n ta c t in fo rm a tio n a n d c e rt ific a tio n nu m b e r o f th e Q u a lifi e d S W P P P D e v e lo p e r (Q S D ). P u rs u a n t to th e S ta te Wa te r R e s o u rc e s C o n tro l B o a rd (S W R C B ) re q u ire m e n ts a n d C ity 's sto rm w a te r o rd in a n c e , a S to rm Wa te r P o llu tio n P re v e n tio n P la n (S W P P P ) s h a ll b e g e n e ra te d a n d s u b m itt e d to th e B o a rd . T h ro u g h o u t th e p ro je c t d u ra tio n , th e S W P P P s h a ll b e ro u tin e ly u p d a te d a n d re a d ily a v a ila b le (o n s ite ) to th e S ta te a n d C ity . R e v ie w www .c a b m p h a n d b o o k s .c o m fo r S W P P P g u id e lin e s . R e fe r to th e fo llo w in g lin k : htt p ://www .w a te rb o a rd s .c a .g o v /w a te r_is s u e s /p ro g ra m s /s to rm w a te r/c o n s tru c tio n .s h tm l 5 7 . W a te r Q u a lity M a n a g e m e n t P la n (W Q M P ) a n d O &M A g re e m e n t .. T h e d e v e lo p e r s h a ll s u b m it a fin a l W Q M P (p re p a re d b y a re g is te re d p ro fe s s io n a l e n g in e e r) w ith th e in itia l g ra d in g p la n s u b m itt a l, ba s e d o n th e c o n c e p tu a l W Q M P fr o m th e e n title m e n t p ro c e s s . It m u s t re c e iv e a c c e p ta n c e b y P u b lic W o rk s . A c o p y o f th e fin a l p ro je c t-s p e c ifi c W Q M P m u s t be ke p t o n s ite a t a ll tim e s . In a d d itio n , a c o m p le te d W Q M P O p e ra tio n a n d M a in te n a n c e (O &M ) A g re e m e n t s h a ll b e s u b m itt e d fo r re v ie w a n d a p p ro v a l. U p o n a p p ro v a l fro m C ity sta ff , th e a p p lic a n t s h a ll re c o rd th e O &M a g re e m e n t a t th e C o u n ty R e c o rd e r's O ff ic e in Te m e c u la. R e fe r to th e W Q M P te m p la te a n d a g re e m e n t lin k : www .Te m e c u la C A.g o v /W Q M P. A s p a rt o f th e W Q M P a p p ro v a l, th e E n g in e e r o f R e c o rd s h a ll re p o rt a n d ce rt ify B M P c o n s tru c tio n pe r C ity o f Te m e c u la N P D E S re q u ire m e n ts . S h o u ld th e p roje c t re q u ire A lte rn a tiv e C o m p lia n c e , th e de v e lo p e r is re s p o n s ib le fo r e x e c u tio n o f a n a p p ro v e d A lte rn a tiv e C o m p lia n c e A g re e m e n t. 5 8 . A re a D ra in a g e P la n (A D P ) F e e to R C F C &W C D . T h e d e v e lo p e r sh a ll d e m o n s tra te to th e C ity th a t th e flo o d m itig a tio n c h a rg e (A D P fe e ) ha s be e n p a id to R C F C &W C D . If th e fu ll A D P fe e ha s a lre a d y be e n c re d ite d to th is p ro p e rt y , n o ne w c h a rg e w ill b e re q u ire d . 5 9 . D ra in a g e S tu d y . A d ra in a g e s tu d y s h a ll b e p re p a re d b y a re g is te re d c iv il e n g in e e r a n d s u b m itt e d to P u b lic W o rks w ith th e in itia l g ra d in g p la n c h e c k in a c c o rd a n c e w ith C ity , R iv e rs id e C o u n ty a n d e n g in e e rin g sta n d a rd s . T h e stu d y s h a ll id e n tify s to rm w a te r ru n o ff q u a n titie s (to m itig a te th e 10 a n d 10 0 -y e a r sto rm e v e n t fo r 2 4 h o u r s tor m d u ra tio n pe a k flo w ) fr o m th e d e v e lo p m e n t o f th is s ite a n d up s tre a m o f th e s ite . It s h a ll id e n tify a ll e x is tin g o r p ro p o s e d o ffs ite o r o n s ite , p u b lic o r p riv a te , d ra in a g e fa c ilitie s in te n d e d to d is c h a rg e th is ru n o ff . R u n o ff s h a ll be co n v e y e d to a n a d e q u a te o u tfa ll c a p a b le o f re c e iv in g th e sto rm w a te r ru n o ff w ith o u t d a m a g e to p u b lic o r p riv a te p ro p e rt y. T h e s tu d y s h a ll in c lu d e a ca p a c ity a n a ly s is v e rify in g th e a d e q u a c y o f a ll fa c ilitie s . A n y u p g ra d in g o r up s iz in g o f d ra in a g e fa c ilitie s ne c e s s a ry to c o n v e y th e sto rm w a te r ru n o ff s h a ll be p ro v id e d a s pa rt o f d e v e lo p m e n t o f th is p roje c t. 6 0 . S o ils R e p o rt . A so ils re p o rt , p re p a re d b y a re g is te re d so il o r c iv il e n g in e e r, s h a ll be s u b m itt e d to P u b lic W o rk s w ith th e in itia l g ra d in g pla n s u b m itt a l. T h e re p o rt s h a ll a d d re s s th e s ite 's so il c o n d itio n s a n d p ro v id e re c o m m e n d a tio n s fo r th e co n s tru c tio n o f e n g in e e re d stru c tu re s a n d p re lim in a ry p a v e m e n t se c tio n s . 6 1. Le tt e r o f P e rm is s io n /E a s e m e n t. T h e d e v e lo p e r s ha ll o b ta in d o c u m e n ts (le tt e rs o f p e rm is s io n o r e a s e m e n ts ) fo r a n y o ff s ite w o rk pe rfo rm e d o n a d jo in in g p ro p e rt ie s . T h e d o c u m e n t's fo rm a t is a s d ire c te d by , a n d s h a ll b e s u b m itt e d to , P u b lic Wo rk s fo r a c c e p ta n c e . T h e d o c u m e n t in fo rm a tio n s h a ll b e no te d o n th e a p p ro v e d g ra d in g p la n . 62. Habitat Conservation Fee. The developer shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in the ordinance or by providing documented evidence that the fees have already been paid. 63. American Disability Act. The developer shall ensure that all frontage areas to the proposed development within the public right of way are ADA compliant. Any sidewalk within the public right of way found to be non-compliant shall be the responsibility of the property owner to be removed and replaced with ADA compliant sidewalk per the Streets and Highway Code Section 5610. Prior to Issuance of Building Permit(s) 64. Final Map. Tract Map Number 38121 shall be approved and recorded. 65. Street Lights. a. Street Light Plan - Street lighting shall be designed in accordance with the latest City Standards and Specifications for LS-3 street light rates, and as determined by the City Engineer. b. Onsite and Offsite Street Lights Ownership and Maintenance - All proposed public and private street lights shall be designed in accordance with City approved standards and specifications, or as determined and approved by the City Engineer. The City shall have ownership and maintenance of all proposed public street lights and associated appurtenances, and shall be provided with adequate service points for power. The design shall be incorporated in the project's street improvement plans or in a separate street light plan as determined and approved by the City Engineer. c. Streetlight Design as LS-3 Rate Lights -All new streetlights, other than traffic signal safety lights, shall be designed as LS-3 rate lights in accordance with approved City standards and specifications, and as determined by the City Engineer. d. Street Light Service Point Addressing - The developer shall coordinate with the PW Department and with Southern California Edison the assignment of addresses to required street light service points. Service points serving public streetlights shall be owned by the City and shall be located within public's right of way or within duly dedicated public easements. 66. Precise Grading Plan. A precise grading plan shall be submitted to Public Works for review and approval. The plan shall be in substantial conformance with the approved rough grading plan; and shall show all lot drainage directed to the driveway by side yard drainage swales independent of any other lot. The building pad shall be certified by a registered civil engineer for location and elevation; and the soils engineer shall issue a final soils report addressing compaction and site conditions. 67. Landscaped Median Modification. The landscaped median modification shall be completed to the satisfaction of Public Works prior to issuance of the building permit(s). 68. Traffic Signal Modification. Prior to issuance of the first building permit, the developer shall obtain approval of the traffic signal modification design plans for the intersection of Ynez Road and Equity Drive. The traffic signal modification plans shall include designs for fiber optic communications on Ynez Road from Winchester Road to Equity Drive, traffic signal fiber communication equipment, CCTV, and other necessary traffic signal modifications needed for the entry driveway connection at Ynez Road and Equity Drive. The plans shall be prepared by a registered civil engineer and conform to the latest edition of the City of Temecula's Traffic Signal Standards and Guidelines. Prior to Issuance of a Certificate of Occupancy 69. Traffic Signal Modification. Prior to issuance of the first Certificate of Occupancy, the traffic signal modification at the intersection of Ynez Road and Equity Drive shall be operational. 70. Completion of Improvements. The developer shall complete all work per the approved plans and Conditions of Approval to the satisfaction of the City Engineer. This includes all on site work (including water quality facilities), public improvements and the executed WQMP Operation and Maintenance agreement. 71. Utility Agency Clearances. The developer shall receive written clearance from applicable utility agencies (i.e., Rancho California and Eastern Municipal Water Districts, etc.) for the completion of their respective facilities and provide to Public Works. 72. Replacement of Damaged Improvements/Monuments. Any appurtenance damaged or broken during development shall be repaired or removed and replaced to the satisfaction of Public Works. Any survey monuments damaged or destroyed shall be reset per City Standards by a qualified professional pursuant to the California Business and Professional Code Section 8771. 73. Certifications. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by Public Works. 74. Traffic Signal Modification. Prior to issuance of the first Certificate of Occupancy, the following signal rnodificationg at the intersection of Ynez Road and Equity Drive shall be completed and operational: a) Fiber Optic Communications on Ynez Road from Winchester Road to Equity Drive. b) Traffic signal fiber communications equipment at signalized intersections receiving fiber. c) CCTV camera at Ynez Road and Equity Drive. d) Upgraded traffic signal cabinet at Ynez Road and Equity Drive. (COA revised at April 20, 2022 Planning Commission Hearing) 75. Traffic Signal Modification. Prior to issuance of the 200th Certificate of Occupancy, the following traffic modifications at Ynez Road and Equity Drive shall be completed and operational: a) Traffic signal modifications for the final connection of Equity Drive to Ynez Road. b) Completion of Equity Drive improvements to Ynez Road. (COA added at April 20, 2022 Planning Commission Hearing) 76. Landscape Median Modification. Prior to the first Certificate of Occupancy, the landscaped median modification shall be completed to the satisfaction of Public Works. FIRE PREVENTION General Requirements 77. Fire Flow. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial and residential buildings per CFC Appendix B. The developer shall provide for this project, a water system capable of delivering 2,400 GPM at 20-PSI residual operating pressure for a 2-hour duration for single family dwellings. The average daily use for the dwelling units will need to be included in the fire flow since this is a combo system and the domestic water lines are coming off of the fire line. The fire flow as given above has taken into account all information as provided (CFC Appendix B and Temecula Municipal Code Section 15.16.020). 7 8 . F ire H y d ra n ts . T h e F ire P re v e n tio n B u re a u is re q u ire d to se t m in im u m fire hy d ra n t d is ta n c e s pe r C F C A p p e n d ix C . S ta n d a rd fire hy d ra n ts (6 " x 4 " x (2 ) 2 ½" o u tle ts ) s h a ll be lo c a te d o n fire a c c e s s ro a d s a n d a d ja c e n t p u b lic stre e ts . F or a ll s in g le fa m ily d w e llin g s a n d tra c t ho m e s hy d ra n ts sh a ll be 5 0 0 fe e t a p a rt , a n d s h a ll b e lo c a te d no m o re th a n 2 5 0 fe e t fr o m a n y po in t o n th e stre e t o r F ire D e p a rt m e n t a c c e s s ro a d (s ) fr o n ta g e to a hy d ra n t. T h e re q u ire d fire flo w s h a ll be a v a ila b le fro m a n y a d ja c e n t hy d ra n t(s ) in th e sy s te m . T h e fire lin e m a y be re q u ire d to be a lo o p e d s y s te m . T h e up g ra d e o f e x is tin g fire hy d ra n ts m a y be re q u ire d (C F C A p p e n d ix C a n d Te m e c u la M u n ic ip a l C o d e S e c tio n 15 .1 6 .0 2 0 ). 7 9 . F ire D e p t. P la n R e v ie w . F in a l fire a n d life sa fe ty c o n d itio n s w ill be a d d re s s e d w h e n b u ild in g p la n s a re re v ie w e d b y th e F ire P re v e n tio n B u re a u . T h e s e c o n d itio n s w ill be ba s e d o n o c c u p a n c y , us e , th e C a lifo rn ia B u ild in g C o d e (C B C ), C a lifo rn ia F ire C o d e (C F C ), a n d re la te d c o d e s w h ic h a re in fo rc e a t th e tim e o f b u ild in g p la n s u b m itt a l. 8 0 . Tw o P o in t A c c e s s . T h is d e v e lo p m e n t s h a ll m a in ta in tw o po in ts o f a c c e s s , v ia a ll-w e a th e r s u rfa c e ro a d s , a s a p p ro v e d by th e F ire P re v e n tio n B u re a u (C F C C h a p te r 5 ). 8 1. Wa te r M a in te n a n c e A g re e m e n t. A n a g re e m e n t fo r th e m a in te n a n c e a n d re p a ir o f a n y a n d a ll e x is tin g un d e rg ro u n d F ire D e p a rt m e n t w a te r sy s te m s , in c lu d in g a ll fire s p rin k le r s u p p lie s , a n d a ll fire hy d ra n ts a n d s u p p lie s , w ill b e in p la c e a s a c o n d itio n o f th is d iv is io n to m a in ta in a v a ila b le w a te r in p e rp e tu ity Prior to Issuance of Grading Permit(s) 82. All Weather Access Roads. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be with a surface to provide all-weather driving capabilities. Access roads shall be 60,000 lbs. GVW with a minimum of AC thickness of .25 feet. In accordance with Section 3310.1, prior to building construction, all locations where structures are to be built shall have fire apparatus access roads. (CFC Chapter 5 and Temecula Municipal Code Section 15.16.020) 83. Access Road Widths. Fire Department vehicle access roads shall have an unobstructed clear width of not less than 24 feet for residential tract developments, with an unobstructed vertical clearance of not less than 13 feet 6 inches. Parking and waste disposal bins cannot obstruct the 24-feet of clear unobstructed width for fire access. (CFC Chapter 5 and Temecula Municipal Code Section 15.16.020). 84. Gradient of Access Roads. The gradient for fire apparatus access roads shall not exceed 15 percent (CFC Chapter 5 and Temecula Municipal Code Section 15.16.020). Prior to Issuance of Certificate of Occupancy 85. Knox Box. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department access shall be provided with the Knox Rapid entry system for emergency access by firefighting personnel (CFC Chapter 5) 86. File Format Requirements. A simple plot plan and a simple floor plan, each as an electronic file of the .DWG format, must be submitted to the Fire Prevention Bureau. Contact Fire Prevention for approval of alternative file formats which may be acceptable