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HomeMy WebLinkAbout13-037 PC Resolution PC RESOLUTION NO. 13-37 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA11-0277, A TENTATIVE TRACT MAP TO CREATE 57 LOTS FROM THREE EXISTING PARCELS, GENERALLY LOCATED ON THE NORTHEAST CORNER OF PECHANGA PARKWAY AND LOMA LINDA ROAD" (APN 961-450-012, 961-450-013, AND 961-450-003) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On October 27, 2011, Larry Markham, on behalf of Coyne Development, filed Planning Application Nos. PA11-0276, a Zone Change and Planned Development Overlay; PA11-0277, a Tentative Tract Map; and PA11-0275, a Development Plan, in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application 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 Application and environmental review on March 20, 2013, 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. At the Commission's request, the item was continued to the April 3, 2013 meeting to allow the applicant to address the construction schedule for age-restricted, single-family housing, multi-family density, and architectural enhancements. D. At the Commission's request, the public hearing for the project was continued at the April 3, 2013 hearing to the April 17, 2013 hearing to again address issues related to the construction schedule for the age-restricted, single-family housing, multi-family density, and architectural enhancements. E. The Planning Commission, at a regular meeting, considered the Application on April 17, 2013 at a continued public hearing and after due.consideration of the testimony, the Planning Commission recommended that the City Council deny Planning Application Nos. PA11-0276, a Zone Change and Planned Development Overlay; PA11-0277, a Tentative Tract Map; and PA12-0275, a Development Plan, with an Environmental Impact Report (EIR), Mitigation Monitoring Program and Reporting Program, and Statement of Overriding Considerations subject to and based upon the findings set forth hereunder. F. The applicant then chose to revise and resubmit the project for further review based on the concerns raised at the public hearings. G. The Planning Commission, at a regular meeting, considered the Application on October 2, 2013 at a duly noticed public hearing and after due consideration of the testimony, the Planning Commission recommended that the City Council approve Planning Application Nos. PA11-0276, a Zone Change and Planned Development Overlay; PA11-0277, a Tentative Tract Map; and PA11-0275, a Development Plan, with an Environmental Impact Report (EIR), Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations subject to and based upon the findings set forth hereunder. H. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The, Planning Commission, in recommending approval of the Application hereby finds, determines and declares that Tentative Tract Map Application PA11-0277 is in'conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City: A. The proposed subdivision and the design and improvements of the subdivision is consistent with the Development Code, General Plan, any applicable Specific Plan and the City of Temecula Municipal Code; As designed and conditioned, the proposed map is consistent with the Subdivision Ordinance, Temecula General Plan, and the City of Temecula Municipal Code. B. The Tentative Map does not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965, or the land is subject to a Land Conservation Act contract but the resulting parcels following division of the land will not be too small to sustain their agricultural use; The proposed map does not impact land designated for conservation or agricultural use. C. The site is physically suitable for the type and proposed density of development proposed by the Tentative Map; The proposed map subdivides 22.73 acres to allow for 270 condominium units and 49 lots for age restricted single-family homes. The proposed Tentative Tract Map design is consistent with the Temecula General Plan and the development standards for the Planned Development Overlay 13 zoning designation. 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 project consists of a Tentative Tract Map on vacant property. An Environmental Impact Report (EIR) has been prepared for the project. As conditioned, the subdivision is not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 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 conditioned by the Fire, Public Works, Planning, and Building and Safety Departments. As a result, the project is consistent or has been conditioned to be consistent with Fire and Building Codes and the City's General Plan and Municipal Code which contain provisions to protect the health, safety, and welfare of the public. A Statement of Overriding Consideration has been provided in order to account for temporary construction noises. 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 to the extent feasible. All development must meet all appropriate Building and Fire Code requires as they relate to passive or natural heating or cooling opportunities. 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 acquired rights-of-way and easements have been provided on the Tentative Map. The City has reviewed these easements and has found no potential conflicts. H. The subdivision is consistent with the City's parkland dedication requirements (Quimby Act); The project involves the construction of multi-family and single-family residential units. The project has been conditioned to ensure the City's parkland dedication requirements are met. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Tentative Tract Map Application, PA11-0277: A. Pursuant to the California Environmental Quality Act (CEQA), City staff prepared an Initial Study of the potential environmental effects of the approval of the Tentative Tract Map Application ("the Project"), as described in the Initial Study. Based upon the findings contained in that study, City staff determined that there was substantial evidence that the Project could have a significant effect on the environment and an EIR was prepared. B. On April 12, 2012, a Notice of Preparation was released to all agencies and persons that might be affected by the Project. C. On April 30, 2012, a scoping session was held at which time City staff and interested persons had an opportunity to determine the extent of issues to be addressed iri the EIR for the Project. D. Pursuant to the California Environmental Quality Act, City staff prepared an EIR analyzing the potential environmental effects of the approval of the Tentative Tract Map and associated applications, as described in the EIR. Based upon the findings contained in that study, City staff determined that there was substantial evidence that the Project could have a significant effect on the environment and a Mitigation Monitoring and Reporting Program and Statement of Overriding Considerations were prepared. E. Thereafter, City staff circulated a Notice of Completion indicating the public comment period and intent to adopt the EIR as required by law. The public comment period commenced via the State Clearing House from December 3, 2012 through February 19, 2013. A Notice of Completion was also sent to adjacent property owners indicating a review period of January 20, 2013 through March 6, 2013. Copies of the documents have been available for public review and inspection at the offices of the Department of Community Development, located at City Hall, 41000 Main Street, Temecula, California 92590; the Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mellman Community Library located 41000 County Center Drive; and the City of Temecula website. F. Seven written comments were received prior to the public hearing and a response to all the comments made therein was prepared, submitted to the Planning Commission and incorporated into the administrative record of the proceedings. G. The Planning Commission has reviewed the EIR and corresponding Mitigation Monitoring and Reporting Program and Statement of Overriding Considerations and all comments received regarding these documents prior to and at the October 2, 2013 public hearing and based on the whole record before it finds that: (1) the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations were prepared in compliance with CEQA; (2) there is substantial evidence that the Project will have a significant effect on the environment with regard to temporary construction noise; and (3) the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations reflect the independent judgment and analysis of the Planning Commission. H. Following consideration of the entire record of information received at the public hearing, the Planning Commission adopted Resolution No. 13-39 recommending that the City Council certify the new Final Environmental Impact Report for the Project and approve a Mitigation Monitoring Program and Statement of Overriding Considerations for the Project. Section 4. Conditions. The Planning Commission recommends that the City Council approve Planning Application No. PA11-0277, a Tentative Tract Map to create 57 lots from three existing parcels totaling 22.73 acres, generally located on the northeast corner of Pechanga Parkway and Loma Linda Road, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 2nd day of October, 2013. John Telesio, Chairman ATTEST: Patrick Richardson, Secretary [SEAL] STATE OF CALIFJRNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 13-37 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 2nd day of October, 2013, by the following vote: AYES: 3 PLANNING COMMISSIONERS: Carey, Harter, Kight NOES: 1 PLANNING COMMISSIONERS Telesio ABSENT: 1 PLANNING COMMISSIONERS Guerriero ABSTAIN: 0 PLANNING COMMISSIONERS None Patrick Richardson, Secretary EXHIBIT A CC RESOLUTION RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA11-0277, A TENTATIVE TRACT MAP TO CREATE 57 LOTS FROM THREE EXISTING PARCELS TOTALING 22.73 ACRES, GENERALLY LOCATED ON THE NORTHEAST CORNER OF PECHANGA PARKWAY AND LOMA LINDA ROAD (APNS 961-450-012, 961-450-013, AND 961-450-003) Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On October 27, 2011, Larry Markham, on behalf of Coyne Development, filed Planning Application Nos. PA11-0276, a Zone Change and Planned Development Overlay; PA11-0277, a Tentative Tract Map; and PA11-0275, a Development Plan, 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, including the California Environmental Quality Act. C. An Environmental Impact Report (EIR), Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations were prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines (CEQA). Thereafter, City staff circulated a Notice of Completion indicating the public comment period and intent to adopt the EIR as required by law. The public comment period commenced via the State Clearing House from December 3, 2012 through February 19, 2013. A Notice of Completion was also sent to adjacent property owners indicating a review period of January 20, 2013 through March 6, 2013. Copies of the documents have been available for public review and inspection at the offices of the Department of Community Development, located at City Hall, 41000 Main Street, Temecula, California 92590; the Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mellman Community Library located 41000 County Center Drive; and the City of Temecula website. D. On March 20, 2013, at a duly noticed public hearing as prescribed by law, the Planning Commission considered the Project and any comments received prior to or at the public hearing on March 20, 2013, at which time the City staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to the Project and the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations. At the Commission's request, the item was continued to the April 3, 2013 meeting to allow the applicant to address the construction schedule for age-restricted, single-family housing, multi-family density, and architectural enhancements. E. At the Commission's request, the public hearing for the project was continued at the April 3, 2013 hearing to the April 17, 2013 public hearing to again address issues related to the construction schedule for the age-restricted, single-family housing, multi-family density, and architectural enhancements. F. At the conclusion of the Planning Commission hearing and after due consideration of the entire record before the Planning Commission hearing, and after due consideration of the testimony regarding the proposed Project, the Planning Commission recommended that the City Council deny the Project including Planning Application Nos. PA11-0276, a Zone Change and Planned Development Overlay; PA11-0277; a Tentative Tract Map; and PA11-0275, a Development Plan. G. The applicant chose to revise and resubmit the project for further review based on the concerns raised at the public hearings. H. On October 2, 2013, at a duly noticed public hearing as prescribed by law, the Planning Commission considered the Project and any comments received prior to or at the public hearing on October 2, 2013, at which time the City staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to the Project and the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations. I. Following consideration of the entire record before it at the public hearing and due consideration of the proposed Project the Planning Commission recommended that the City Council adopt the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations prepared for the Project. J. At the conclusion of the Planning Commission hearing and after due consideration of the entire record before the Planning Commission hearing, and after due consideration of the testimony regarding the proposed Project, the Planning Commission recommended that the City Council approve the Project including Planning Application Nos. PA11-0276, a Zone Change and Planned Development Overlay; PA11-0277; a Tentative Tract Map; and PA11-0275, a Development Plan and cerfify the new Final EIR for the project and approve a Mitigation Monitoring Program and Statement of Overriding Considerations for the project. K. On , the City Council of the City of Temecula considered the Project and the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations, at a duly noticed public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The Council considered all the testimony and any comments received regarding the Project and the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations prior to and at the public hearing. L. Following the public hearing, the Council adopted Resolution No. 13- adopting the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations. M. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Legislative Findings. The City Council in approving the Tentative Tract Map application hereby finds, determines and declares that: A. The proposed subdivision and the design and improvements of the subdivision is consistent with the Development Code, General Plan, any applicable Specific Plan and the City of Temecula Municipal Code; As designed and conditioned, the proposed map is consistent with the Subdivision Ordinance, Temecula General Plan, and the City of Temecula Municipal Code. B. The Tentative Map does not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965, or the land is subject to a Land Conservation Act contract but the resulting parcels following division of the land will not be too small to sustain their agricultural use; The proposed map does not impact land designated for conservation or agricultural use. C. The site is physically suitable for the type and proposed density of development proposed by the Tentative Map; The proposed map subdivides 22.73 acres to allow for 270 condominium units and 49 lots for age restricted single-family homes. The proposed Tentative Tract Map design is consistent with the Temecula General Plan and the development standards for the Planned Development Overlay 13 zoning designation. 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 project consists of a Tentative Tract Map on vacant property. An Environmental Impact Report (EIR) has been prepared for the project. As conditioned, the subdivision is not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 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 conditioned by the Fire, Public Works, Planning, and Building and Safety Departments. As a result, the project is consistent or has been conditioned to be consistent with Fire and Building Codes and the City's General Plan and Municipal Code which contain provisions to protect the health, safety, and welfare of the public. A Statement of Overriding Consideration has been provided in order to account for temporary construction noises. 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 to the extent feasible. All development must meet all appropriate Building and Fire Code requires as they relate to passive or natural heating or cooling opportunities. 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 acquired rights-of-way and easements have been provided on the Tentative Map. The City has reviewed these easements and has found no potential conflicts. H. The subdivision is consistent with the City's parkland dedication requirements (Quimby Act); The project involves the construction of multi-family and single-family residential units. The project has been conditioned to ensure the City's parkland dedication requirements are met. Section 3. Conditions. The City Council of the City of Temecula approves Planning Application No. PA11-0277, a Tentative Tract Map to create 57 lots from three existing parcels totaling 22.73 acres generally located on the northeast corner of Pechanga Parkway and Loma Linda Road, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 4. The City Clerk shall certify to the adoption of this Resolution and it shall become effective upon its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of , 2013. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 13- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , 2013, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk EXHIBIT B CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA11-0277 Project Description: A Tentative Tract Map to create 57 lots from three existing parcels totaling 22.73 acres. Assessor's Parcel No.: 961-450-012, 961-450-013, and 961-450-003 MSHCP Category: Residential (Greater than 14.1 DU) DIF Category: Residential (270 Units Attached, 49 Units Detached) TUMF Category: Residential (270 Units Multi-Family, 49 Units Single Family) Quimby Category: Multi-Family Attached (5 or More Units), Single-Family (Attached Garage) Approval Date: 2013 Expiration Date: 2016 PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project PL-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 in the amount of Three Thousand Forty-Five Dollars and Twenty-Five Cents ($3,045.25) which includes the Two Thousand Nine Hundred Ninety-Five Dollars and Twenty-Five Cents($2,995.25) fee, required by Fish and Wildlife Code Section 711.4(d)(3) plus the Fifty Dollars ($50.00)County administrative fee,to enable the City to file the Notice of Determination for the Environmental Impact Report required under Public Resources Code Section 21152 and California Code of Regulations Section 15904. If within said 48-hour period the applicant/developer has not delivered to the Planning Department the check as required above,the approval for the project granted shall be void by reason of failure of condition (Fish and Wildlife Code Section 711.4(c)). General Requirements PL-2. 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. PL-3. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL-4. This approval shall be used within three years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the three year period,which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. PL-5. The Planning Director may, upon an application being filed prior to expiration, and for good cause,grant a time extension of up to 5 one-year extensions of time,one year at a time. PL-6. The project and all subsequent projects within this site shall comply with all mitigation measures identified within the Bella Linda Residential Project Environmental Impact Report. PL-7. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers, landscape debris, and waste from entering the storm drain system or from leaving the property. Spills and leaks must be cleaned up immediately. Do not wash, maintain, or repair vehicles onsite. Do not hose down parking areas, sidewalks, alleys, or gutters. Ensure that all materials and products stored outside are protected from rain. Ensure all trash bins are covered at all times. PL-8. The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance No. 460, unless modified by the conditions listed below. An Extension of Time may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 60 days prior to the expiration date. PL-9. If subdivision phasing is proposed, a phasing plan shall be submitted to and approved by the Planning Director. Prior to Recordation of the Final Map PL-10. A copy of the Final Map shall be submitted to and approved by the Planning Department. PL-11. A copy of the Environmental Constraint Sheet (ECS) shall be submitted to and approved by the Planning Department 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)(Bella Linda Residential Project)was prepared for this project and is on file at the City of Temecula Planning Department. c. This project is within a Liquefaction Hazard Zone. PL-12. A copy of the Covenants, Conditions, and Restrictions(CC&Rs)shall be submitted and approved by the Planning Director. 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. PL-13. The CC&Rs 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 its residents. PL-14. The CC&Rs shall be prepared at the developer's sole cost and expense. PL-15. The CC&Rs and Articles of Incorporation of the Property Owners 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. PLA 6. 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. PLA 7. The CC&Rs shall provide that the property shall be developed, operated and maintained so as not to create a public nuisance. PLA 8. The CC&Rs shall provide that the association may not be terminated without prior City approval. PL-19. The CC&Rs shall provide that if the property is not maintained in the condition required by the CC&Rs, then the City, after making due demand and giving reasonable notice, may enter the property and perform, at the owner's sole expense, any maintenance required thereon by the CC&Rs or the City Ordinances. The property shall be subject to a lien in favor of the City to secure any such expense not promptly reimbursed. PL-20. 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. PL-21. 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 and Public Works Departments prior to the issuance of building permits. PL-22. Maintenance agreements for the multi-family and single-family units must be provided that ensure 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. PL-23. 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 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 enforcement, resolution of disputes or procedural matters. 3. In the event of a conflict between 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,notwithstanding 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 Planning Director of the City of Temecula. PL-24. 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. 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. Patrick Richardson Director Community Development Approved as to Form: Peter M. Thorson City Attorney PL-25. 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. PL-26. CC&Rs shall be finalized and recorded at the time of Final Map Recordation. PL-27. Three copies of the final recorded CC&Rs shall be provided to the Planning Department. PL-28. Per Municipal Code Chapter 17.30,"Smoking in Multi-Unit Residences,"the Developer shall submit a site plan to the City for review and approval,designating a minimum of 25 percent of the units within the project as non-smoking units. PL-29 The developer shall satisfy the City's parkland dedication(Quimby)requirement through the payment of in-lieu fees equivalent to 2.79 acres of parkland, based upon the City's then current land evaluation. Said requirement includes a 40% credit for private recreational opportunities provided. PUBLIC WORKS General Requirements PW-1. The Department of Public Works recommends the following Conditions of Approval for this project. Unless otherwise noted, all conditions shall be completed by the developer at no cost to any Government Agency. PW-2. 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. PW-3. A Grading Permit for rough grading, including all on-site flat work and improvements, shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained street right-of-way. PW-4. 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. PW-5. 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. PW-6. The project shall include construction-phase pollution prevention controls into the design of the project to prevent non-permitted runoff from discharging off site or entering any storm water conveyance system or receiving water during all field activities. PW-7. An updated version of the conceptually-accepted Water Quality Management Plan (WQMP) must be submitted to the Department of Public Works as part of the initial grading plan submittal package. PW-8. Permanent landscape and irrigation plans shall be consistent with the accepted WQMP PW-9. All onsite drainage and water quality facilities shall be privately maintained PW-10. The vehicular movement for the proposed southerly driveway on Loma Linda Road is restricted to right in/right out only. Prior to approval of the Tract Map, unless other timing is indicated, the developer shall complete or have plans submitted and approved, subdivision improvement agreements executed and securities posted. PW-11. The Developer shall process the required documents to affect the proposed sale of Lot 87 of Tract Map No.21067(APN 961-450-003)from the City to the Developer, including costs of the appraisal and staff/legal review. PW-12. The Developer shall provide a drainage easement at the southwest corner of the property to accommodate four 10' x 7' reinforced concrete box storm drain facility as shown on the City of Temecula Capital Improvement Project No. PW99-11 PW-13. As deemed necessary by the Department of Public Works,the developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b. Army Corps of Engineers c. California Department of Fish and Wildlife d. Rancho California Water District PW-19. Relinquish and waive right of access to and from Loma Linda Road from Pechanga Parkway to Temecula Lane on the Tract Map with the exception of one opening as delineated on the approved Tentative Tract Map. PW-20. Relinquish and waive right of access to and from Temecula Lane from Loma Linda Road to Canterfield Drive on the Tract Map with the exception of three openings as delineated on the approved Tentative Tract Map PW-21. 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. PW-22. Any delinquent property taxes shall be paid. PW-23. An Environmental Constraints Sheet(ECS) shall be prepared in conjunction with the Tract Map to delineate identified environmental concerns and shall be recorded with the map. PW-24. 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. PW-25. 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 Tract 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 be approved by the City prior to commencement of the appraisal. PW-26. Easements, when required for roadway slopes, landscape easements, 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 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 Tract Map. A note shall be added to the Tract Map stating "drainage easements shall be kept free of buildings and obstructions." Prior to Issuance of Grading Permit(s) PW-27. The Water Quality Management Plan (WQMP) must receive final acceptance by the City prior to issuance of any grading permit. PW-28. The project shall submit a completed WQMP Operation and Maintenance (O&M) Agreement that must include the owner's notarized signature, proof of recordation with the County Recorder's Office, and all maintenance procedures for each of the structural treatment control Best Management Practices (BMPs) outlined in the WQMP PW-29. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the following agencies: a. California Department of Fish and Wildlife b. Riverside County Flood Control and Water Conservation District PW-30. A Grading Plan shall be prepared by a registered civil engineer in accordance with City of Temecula standards and shall be approved by the Department of Public Works prior to the commencement of grading. The Grading Plan shall include all necessary erosion control measures needed to adequately protect the site.(public and private) and adjoining properties from damage due to erosion. PW-31. A Soils Report shall be prepared by a registered soil or civil engineer and submitted to the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and preliminary pavement sections. PW-32. The Geologic Study shall be submitted, reviewed, and approved by the County Geologist. PW-33. 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 to mitigate the 1,00-year storm event 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. PW-34. The Developer shall obtain and submit a Conditional Letter of Map Revision(CLOMR) from Federal Emergency Management Agency(FEMA). PW-35. Construction-phase pollution prevention shall be consistent with the Temecula Municipal Code Chapter 18.15 and associated technical manual and the City's standard notes for Erosion and Sediment Control PW-36. 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), the project's Risk Level (RL) determination number, and name, contact information, and certification number of the Qualified SW PPP Developer(QSD). A Stormwater Pollution Prevention Plan (SWPPP) shall be available at the site throughout the duration of construction activities. PW-37. 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 in accordance with the Construction, Grading and Encroachment Ordinance Section 18.24.140 PW-38. 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. PW-39. 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. PW-40. The developer shall obtain letters of approval or easements for any off site work performed on adjoining properties. The letters or easements shall be in format as directed by the Department of Public Works. Prior to Issuance of Building Permit(s) PW-41. Prior to issuance of the first building permit, Tract Map No. 36415 shall be approved and recorded. PW-42. The Developer shall obtain a Letter of Map Revision(LOMR)from Federal Emergency Management Agency(FEMA). PW-43. 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. PW-44. 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. PW-45. PW-45. The developer shall pay to the City the Public Facilities Development Impact Fee (DIF) as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all resolutions implementing Chapter 15.06. PW-46. 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. Prior to Issuance of Certificate of Occupancy PW-47. Prior to the first Certificate of Occupancy, the Developer shall pay its fair share contribution for offsite improvements as identified in the Project's Traffic Impact Analysis dated November 2012 (Section H of the EIR). PW-48. The project shall demonstrate that all of the structural water quality facilities outlined in the WQMP have been constructed and installed in conformance with approved plans and are ready for immediate implementation. PW-49. All public improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Department of Public Works. PW-50. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall be repaired or removed and replaced to the satisfaction of the Department of Public Works. FIRE PREVENTION General Requirements F-1. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use,the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. F-2. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial buildings per CFC Appendix B. The developer shall provide for this project, a water system capable of delivering 4,000 GPM at 20-PSI residual operating pressure for a 4-hour duration for the multi-family buildings and 1,500 GPM at 20-PSI residual operating pressure for a 2-hour duration for single family dwellings (CFC Appendix B and Temecula City Ordinance 15.16.020). F-3. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix C. A combination of on-site and off site 6" x 4" x 2-2 %" outlets on a looped system shall be located on fire access roads and adjacent to public streets. Hydrants shall be spaced at 350- feet apart, at each intersection and shall be located no more than 210-feet from any point on the street or Fire Department access road(s)frontage to a hydrant for multi-family buildings and 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 for single family dwellings. The required fire flow shall be available from any adjacent hydrants in the system (CFC Appendix C and Temecula City Ordinance 15.16.020). Prior to Issuance of Grading Permit(s) F-4. Maximum cul-de-sac- length shall not exceed 1320 feet. Minimum turning radius on any cul-de-sac shall be 45 feet(CFC Chapter 5 along with Temecula City Ordinance 15.16.020). F-5. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be with a surface to provide all-weather driving capabilities. Access roads shall be 80,000 lbs. GVW with a minimum of AC thickness of .25 feet. In accordance with Section 1410.1, prior to building construction, all locations where structures are to be built shall have fire apparatus access roads(CFC Chapter 5 and City Ordinance 15.16.020). F-6. Fire Department vehicle access roads shall have an unobstructed width of not less than 24 feet of clear width and an unobstructed vertical clearance of not less than 13 feet 6 inches for multi-family buildings and 20 feet of clear width and an unobstructed vertical clearance of not less than 13 feet 6 inches for single family dwellings. Fire access roads cannot have any obstructions. Clear width means no parking and no trash bins located in the street(CFC Chapter 5 and City Ordinance 15.16.020). F-7. The gradient for fire apparatus access roads shall not exceed 15 percent(CFC Chapter 5 and City Ordinance 15.16.020). F-8. This development shall maintain two points of access,via all-weather surface roads,as approved by the Fire Prevention Bureau (CFC Chapter 5). F-9. Dead end roadways and streets in excess of 150 feet which have not been completed shall have a turnaround capable of accommodating fire apparatus(CFC Chapter 5 and City Ordinance 15.16.020). Prior to Issuance of Building Permit(s) F-10. The developer shall furnish three copies of the water system plans to the Fire Prevention Bureau for approval prior to installation for all private water systems pertaining to the fire service loop. 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. Hydraulic calculations will be required with the underground submittal to ensure fire flow requirements are being met for the on-site hydrants. The plans must be submitted and approved prior to building permit being issued (CFC Chapter 14 and Chapter 5). F-11. 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. These plans must be submitted prior to the issuance of building permit. All structures for this proposed development will require fire sprinklers. F-12. 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. The fire alarm system is required to have a dedicated circuit from the house panel. These plans must be submitted prior to the issuance of building permit. Fire alarm systems are required for all the multi-family buildings and commercial structures. Prior to Issuance of Certificate of Occupancy F-13. Hydrant locations shall be identified by the installation of reflective markers(blue dots) (City Ordinance 15.16.020). F-14. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Multi-family residential shall have a minimum of 12-inch numbers with suite numbers being a minimum of six inches in size. Single family residences and multi-family residential units shall have 4-inch letters and/or numbers, as approved by the Fire Prevention Bureau (CFC Chapter 5 and City Ordinance 15.16.020). F-15. A directory display monument sign shall be required for apartment, condominium, townhouse or mobile home parks. Each complex shall have an illuminated diagrammatic layout of the complex which indicates the name of the complex, all streets, building identification, unit numbers, and fire hydrant locations within the complex. Location of the sign and design specifications shall be submitted to and be approved by the Fire Prevention Bureau prior to installation. F-16. A"Knox-Box"shall be provided. The Knox-Box shall be installed a minimum of six feet in height and be located to the right side of the fire riser sprinkler room(CFC Chapter 5). F-17. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by firefighting personnel (CFC Chapter 5). F-18. The applicant shall prepare and submit to the Fire Department for approval, a site plan designating fire lanes with appropriate lane painting and/or signs (CFC Chapter 5). F-19. 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.