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HomeMy WebLinkAbout14-007 PC Resolution PC RESOLUTION NO. 14-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA13-0217, A TENTATIVE TRACT MAP REVISION APPLICATION (TTM 33584) TO CHANGE THE NUMBER OF LOTS FROM 4 LOTS (ONE CONDOMINIUM LOT, ONE RECREATION BUILDING LOT, AND TWO OPEN SPACE LOTS) FOR 62 DETACHED CONDOMINIUM UNITS TO 4 LOTS (ONE CONDOMINIUM LOT, ONE RECREATION BUILDING LOT, AND TWO OPEN SPACE LOTS) FOR 59 DETACHED CONDOMINIUM UNITS LOCATED AT THE NORTHEAST CORNER OF RANCHO VISTA ROAD AND MIRA LOMA ROAD (APN 944-060-006) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On April 10, 2007, the City Council approved Planning Application No. PA05-0109, Tentative Tract Map No. 33584 (for condominium purposes) to subdivide 7.2 acres into three lots (one residential condominium lot, one recreation lot, and one open space lot) at 29601 Mira Loma Drive, generally located at the northeast corner of Mira Loma Drive and Rancho Vista Road. B. On September 12, 2013, Jim Ahmad, representing Inland Communities, filed Planning Application No. PA13-0217, a Tentative Tract Map revision application, in a manner in accord with the City of Temecula General Plan and Development Code. C. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. D. The Planning Commission, at a regular meeting, considered the Application and environmental review on March 19, 2014, 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. E. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA13-0217 subject to and based upon the findings set forth hereunder. F. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: Tentative Tract Map, Subdivision Ordinance Section 16.09.140 A. The proposed subdivision and the design and improvements of the subdivision are consistent with the Development Code, Subdivision Ordinance, General Plan, and the City of Temecula Municipal Code; As designed and conditioned, the proposed subdivision map is consistent with the development standards within the proposed Planned Development Overlay, Development Code, Subdivision Ordinance, and General Plan. 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, nor is the land subject to a Land Conservation Act contract; The proposed land division does not divide land designated for conservation or agricultural use. C. The site is physically suitable for the uses and proposed density as shown on the Tentative Map as proposed by the Tentative Map; The site is physically suitable for the uses and proposed density as shown on the Tentative Map as proposed by the Applicant. D. The design of the proposed subdivision and the proposed improvements, with appropriate conditions of approval, is not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat; There are no known fish, wildlife or habitat on the project site, and the project is not anticipated to affect any fish, wildlife or habitat off-site. E. The design of the subdivision and the type of improvements are not likely to cause serious public health problems; The project has been reviewed and commented on by Fire Prevention, the Public Works Department, and Building and Safety. As a result, the project has been appropriately conditioned to protect public health. Further, provisions are made in the General Plan to ensure that the public health, safety, and welfare are safeguarded, and the project is consistent with this document. F. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible; The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. Prior to the construction of buildings, the applicant will be required to submit building plans to Building and Safety that comply with the Uniform Building Code, which contains requirements for energy conservation. G. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided; All required rights-of-way and easements have been provided on the Tentative Map or required by Conditions of Approval. 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); This is a map for residentially zoned property and will therefore be subject to applicable Quimby fees at the time that building permits are issued for the project site. 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 revision, Planning Application No. PA13-0217: A. Pursuant to California Environmental Quality Act ("CEQA), City staff prepared an Initial Study of the potential environmental effects of the approval of the Tentative Tract Map revision application, as described in the Initial Study ("the Project"). Based upon the findings contained in that study, City staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a Mitigated Negative Declaration was prepared. B. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the (Mitigated) Negative Declaration as required by law. The public comment period commenced on December 23, 2013, and expired on January 21, 2014. Copies of the documents have been available for public review and inspection at the offices of the Department of Planning, located at City Hall, 41000 Main Street, Temecula, California 92590. C. Two written comments were received prior to the public hearing and are incorporated into the administrative record of the proceedings. D. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration prior to and at the March 19, 2014 public hearing, and based on the whole record before it finds that: (1) the Mitigated Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. E. Based on the findings set forth in the Resolution, the Planning Commission hereby adopts the Mitigated Negative Declaration prepared for this project. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA13-0217, a Tentative Tract Map revision application (TTM 33584) to change the number of lots from 4 lots (one condominium lot, one recreation building lot, and two open space lots) for 62 detached condominium units to 4 lots (one condominium lot, one recreation building lot, and two open space lots) for 59 detached condominium units located at the northeast corner of Rancho Vista Road and Mira Loma 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 1 gth day of March, 201 . r Stanley Harter, Chairman ATTEST: P V�. Armando G. Villa, AIC Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEM..ECULA ) I, Armando G. Villa, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 14-07 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 19th day of March, 2014, by the following vote: AYES: 4 PLANNING COMMISSIONERS: Carey, Guerriero, Harter, Telesio NOES: 0 PLANNING COMMISSIONERS None ABSENT: 1 PLANNING COMMISSIONERS Kight ABSTAIN: 0 PLANNING COMMISSIONERS None Armando G. Villa, AICP Secretary EXHIBIT A CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL (REVISED) Planning Application No.: PA13-0217 Project Description: Planning Application No. PA13-0217, a Tentative Tract Map revision (TTM 33584) application to change the number of lots from 4 lots (one condominium lot, one recreation building lot, and two open space lots) for 62 detached condominium units to 4 lots (one condominium lot, one recreation building lot, and two open space lots) for 59 detached condominium units located at the northeast corner of Rancho Vista Road and Mira Loma Road Assessor's Parcel No.: 944-060-006 MSHCP Category: Residential (Between 8.1 and 14.0 du/ac) DIF Category: Residential —Attached TUMF Category: Residential — Multi-Family(revised) Quimby Category: Single Family Attached (Attached Garage) Approval Date: March 19, 2014 Expiration Date: April 10, 2017 (per Section 16.09.220.0 of the Temecula Municipal Code, revised map approval shall not alter the original expiration date of the map) PLANNING DIVISION Within 48 Hours of the Approval of This Project PL-1. Filing Notice of Determination. The applicant/developer shall deliver to the Planning Division a cashier's check or money order made payable to the County Clerk in the amount of Two Thousand Two Hundred Thirty-One Dollars and Twenty-Five Cents ($2,231.25) which includes the Two Thousand One Hundred Eighty-One Dollars and Twenty-Five Cents ($2,181.25) 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 Mitigated or Negative Declaration required under Public Resources Code Section 21152 and California Code of Regulations Section 15075. If within said 48-hour period the applicant/ developer has not delivered to the Planning Division the check as required above, the approval for the project granted shall be void due to failure of condition [Fish and Wildlife Code Section 711.4(c)]. General Requirements PL-2. Indemnification of the City. 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. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL-4. Expiration. Pursuant to Section 16.09.220.0 of the Temecula Municipal Code, revised map approval shall not alter the original expiration date of the map. Tentative Tract Map 33584 was approved by City Council on April 10, 2007 with an initial expiration date of April 10, 2010. California Senate Bill 1185 extended the map expiration to April 10, 2011; California Assembly Bill 333 extended the map expiration to April 10, 2013; California Assembly Bill 208 extended the map expiration to April 10, 2015; and California Assembly Bill 116 extended the map expiration to April 10, 2017. PL-5. Time Extension. The Director of Community Development 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. Consistency with Specific Plans. This project and all subsequent projects within this site shall be consistent with Planned Development Overlay 11. PL-7. Compliance with Mitigated Negative Declaration. The project and all subsequent projects within this site shall comply with all mitigation measures identified within the Mitigated Negative Declaration adopted for PA13-0217. PL-8. SSi nape Permits. A separate building permit shall be required for all signage. PL-9. Conformance with Approved Plans. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. PL-10. Graffiti. All graffiti shall be removed within 24 hours on equipment, walls, or other structures. PL-11. Water Quality and Drainage. 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. To ensure compliance with this Condition of Approval: a. Spills and leaks shall be cleaned up immediately. b. Do not wash, maintain, or repair vehicles onsite. C. Do not hose down parking areas, sidewalks, alleys, or gutters. d. Ensure that all materials and products stored outside are protected from rain. e. Ensure all trash bins are covered at all times. PL-12. Subdivision Mai) Act. 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, prior to the expiration date. PL-13. Subdivision Phasing. If subdivision phasing is proposed, a phasing plan shall be submitted to and approved by the Community Development Director. PL-14. Construction and Demolition Debris. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris and shall provide the Planning Division verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and construction debris. PL-15. Public Art Ordinance. The applicant shall comply with the requirements of the City's Public Art Ordinance as defined in Section 5.08 of the Temecula Municipal Code. PL-16. Prooerty Maintenance. All parkways, including within the right-of-way, entryway median, landscaping, walls, fencing, recreational facilities, and on-site lighting shall be maintained by the property owner or maintenance association. PL-17. Noise Barrier. Prior to beginning any clearing, grading, or construction activities, the applicant shall install a temporary 10-foot high acoustic noise barrier to remain in place during construction to the completion of exterior stucco application on the buildings adjacent to the noise barrier. The noise barrier shall be placed at the northeast area of the project site in the vicinity of the single-family dwelling units to the east of the project site to a point south of the adjacent school building, and along Mira Loma Drive from the eastern edge of the property (but outside of the existing watercourse) to the east side of the main project entry. Prior to Issuance of Grading Permit(s) PL-18. Placement of Transformer. Provide the Planning Division with a copy of the underground water plans and electrical plans for verification of proper placement of transformer(s) and double detector check prior to final agreement with the utility companies. PL-19. Archaeological/Cultural Resources Gradinq Note. The following shall be included in the Notes Section of the Grading Plan: "If at any time during excavation/construction of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Director of Community Development at his/her sole discretion may require the property owner to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the discovery is not an archaeological/ cultural resource, the Director of Community Development shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Planning Director shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Director of Community Development." PL-20. Cultural Resources Treatment Agreement. The developer is required to enter into a Cultural Resources Treatment Agreement with the Pechanga Tribe. This Agreement will address the treatment and disposition of cultural resources and human remains that may be impacted as a result of the development of the project, as well as provisions for tribal monitors. PL-21. Discovery of Cultural Resources. If cultural resources are discovered during the project construction (inadvertent discoveries), all work in the area of the find shall cease, and a qualified archaeologist and representatives of the Pechanga Tribe shall be retained by the project sponsor to investigate the find, and make recommendations as to treatment and mitigation. PL-22. Archaeological Monitoring of Cultural Resources. A qualified archaeological monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the Pechanga Tribe and their designated monitors, to evaluate the significance of any archaeological resources discovered on the property. PL-23. Tribal Monitoring of Cultural Resources. Tribal monitors from the Pechanga Tribe shall be allowed to monitor all grading, excavation and groundbreaking activities, including all archaeological surveys, testing, and studies, to be compensated by the developer. PL-24. Relinquishment of Cultural Resources. The landowner agrees to relinquish ownership of all cultural resources, including all archaeological artifacts that are found on the project area, to the Pechanga Tribe for proper treatment and disposition. PL-25. Preservation of Sacred Sites. All sacred sites are to be avoided and preserved. PL-26. MSHCP Pre-Construction Survev. A 30-day preconstruction survey, in accordance with MSHCP guidelines and survey protocol, shall be conducted prior to ground disturbance. The results of the 30-day preconstruction survey shall be submitted to the Planning Division prior to scheduling the pre-grading meeting with Public Works. PL-27. Burrowing Owl Grading Note. The following shall be included in the Notes Section of the Grading Plan: "No grubbing/clearing of the site shall occur prior to scheduling the pre-grading meeting with Public Works. All project sites containing suitable habitat for burrowing owls, whether owls were found or not, require a 30-day preconstruction survey that shall be conducted within 30 days prior to ground disturbance to avoid direct take of burrowing owls. If the results of the survey indicate that no burrowing owls are present on-site, then the project may move forward with grading, upon Planning Division approval. If burrowing owls are found to be present or nesting on-site during the preconstruction survey, then the following recommendations must be adhered to: Exclusion and relocation activities may not occur during the breeding season, which is defined as March 1 through August 31, with the following exception: From March 1 through March 15 and from August 1 through August 31 exclusion and relocation activities may take place if it is proven to the City and appropriate regulatory agencies (if any) that egg laying or chick rearing is not taking place. This determination must be made by a qualified biologist." PL-28. Rough Grading Plans. A copy of the Rough Grading Plans shall be submitted and approved by the Planning Division. Prior to Issuance of Building Permit(s) PL-29. Paved Access Easement. The Developer shall provide a paved 10-foot wide ingress/egress easement with a 15 percent maximum slope within Lot 3 from Mira Loma Drive to Lot 83 of Tract Map No. 4010. PL-30. Access Road Barrier. A gate or chain fence, subject to approval by the Director of Community Development, shall be installed at the entrance to the access road through Lot 3 of the project from Mira Loma Drive to Lot 83 of Tract Map No. 4010 to prevent unauthorized access to Lot 3 and the access road. PL-31. Transportation Uniform Mitigation Fee (TUMF). The City of Temecula adopted an ordinance on March 31, 2003 to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). This project is subject to payment of these fees at the time of building permit issuance. The fees are subject to the provisions of Chapter 15.08 of the Temecula Municipal Code and the fee schedule in effect at the time of building permit issuance. PL-32. Development Impact Fee (DIF). The developer shall comply with the provisions of Title 15, Chapter 15.06 of the Temecula Municipal Code and all its resolutions by paying the appropriate City fee. PL-33. Construction Landscaping and Irrigation Plans. Four (4) copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Division. These plans shall be submitted as a separate submittal, not as part of the building plans or other plan set. These plans shall conform to the approved conceptual landscape plan, or as amended by these conditions. The location, number, height and spread, water usage or KC value, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance and Water Storage Contingency Plan per the Rancho California Water District. The plans shall be accompanied by the appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal) and one copy of the approved. Grading Plan. PL-34. Landscaping Site Inspections. The Landscaping and Irrigation Plans shall include a note stating, "Three landscape site inspections are required. The first inspection will be conducted at installation of irrigation while trenches are open. This will verify that irrigation equipment and layout is per plan specifications and details. Any adjustments or discrepancies in actual conditions will be addressed at this time and will require an approval to continue. Where applicable, a mainline pressure check will also be conducted. This will verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verify that all irrigation systems are operating properly, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The third inspection will verify property landscape maintenance for release of the one-year landscape maintenance bond." The applicant/owner shall contact the Planning Division to schedule inspections. PL-35. Agronomic Soils Report. The Landscaping and Irrigation Plans shall include a note on the plans stating, "The contractor shall provide two copies of an agronomic soils report at the first irrigation inspection." PL-36. Water Usage Calculations. The Landscaping and Irrigation Plans shall include water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance), the total cost estimate of plantings and irrigation (in accordance with approved plan). Applicant shall use evapotranspiration (ETo) factor of 0.70 for calculating the maximum allowable water budget. PL-37. Landscape Maintenance Program. A landscape maintenance program shall be submitted to the Planning Division for approval. The landscape maintenance program shall detail the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out the detailed program. PL-38. Specifications of Landscape Maintenance Program. Specifications of the landscape maintenance program shall indicate, "Three landscape site inspections are required. The first inspection will be conducted at installation of irrigation while trenches are open. This will verify that irrigation equipment and layout is per plan specifications and details. Any adjustments or discrepancies in actual conditions will be addressed at this time and will require an approval to continue. Where applicable, a mainline pressure check will also be conducted. This will verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verify that all irrigation systems are operating properly, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The third inspection will verify property landscape maintenance for release of the one-year landscape maintenance bond." The applicant/owner shall contact the Planning Division to schedule inspections. PL-39. Irrigation. Automatic irrigation shall be installed for all landscaped areas and complete screening of all ground mounted equipment from view of the public from streets and adjacent property for private common areas; front yards and slopes within individual lots; shrub planting to completely screen perimeter walls adjacent to a public right-of-way equal to 66 feet or larger; and, all landscaping excluding City maintained areas and front yard landscaping which shall include, but may not be limited to, private slopes and common areas. PL-40. Temporary Landscaping Requirement for Phased Development. If any phase or area of the project site is not scheduled for development within six months of the completion of grading, it shall be temporarily landscaped and irrigated for dust and soil erosion control. PL-41. Hardscaping. The plans shall include all hardscaping for pedestrian trails within private common areas. PL-42. Wall and Fence Plans. Wall and fence plans shall be consistent with the Conceptual Landscape Plans showing the height, location and the following materials for all walls and fences: Walls or fencing for the perimeter of the project adjacent to a public right-of-way equal to 66 feet or larger and the side yards for corner lots. Wrought iron or decorative block and wrought iron combination to take advantage of views for side and rear yards. Wood or vinyl fencing shall be used for all side and rear yard fencing when not restricted/conditioned as outlined above. PL-43. Precise Grading Plans. Precise Grading Plans shall be consistent with the approved rough grading plans including all structural setback measurements. PL-44. WQMP Treatment Devices. All WQMP treatment devices, including design details, shall be shown on the construction landscape plans. If revisions are made to the WQMP design that result in any changes to the conceptual landscape plans after entitlement, the revisions will be shown on the construction landscape plans, subject to the approval of the Director of Community Development. PL-45. Utility Screening. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. Provide a three-foot clear zone around fire check detectors as required by the Fire Department before starting the screen. Group utilities together in order to reduce intrusion. Screening of utilities is not to look like an after-thought. Plan planting beds and design around utilities. Locate all light poles on plans and ensure that there are no conflicts with trees. PL-46. Building Construction Plans for Outdoor Areas. Building Construction Plans shall include detailed outdoor areas including but not limited to trellises, decorative furniture, and hardscape to match the style of the buildings subject to the approval of the Director of Community Development. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit PL-47. Front Yard and Slope Landscaping. Front yard and slope landscaping within individual lots shall be completed for inspection. PL-48. Private Common Area Landscaping. Private common area landscaping shall be completed for inspection prior to issuance of the first occupancy permit. PL-49. HOA Landscaping. HOA landscaping shall be completed for inspection for those lots adjacent to HOA landscaped area. PL-50. Performance Securities. Performance securities, in amounts to be determined by the Director of Community Development,- to guarantee the maintenance of the plantings in accordance with the approved construction landscape and irrigation plan, shall be filed with the Planning Division for a period of one year from final Certificate of Occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Director of Community Development, the bond shall be released upon request by the applicant. PL-51. Installation of Site Improvements. All site improvements, including but not limited to, parking areas and striping shall be installed. PL-52. 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. PL-53. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Prior to Recordation of the Final Map PL-54. Final Map. A copy of the Final Map shall be submitted to, and approved by, the Planning Division. PL-55. 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. A Mitigated Negative Declaration was prepared for this project and is on file at the City of Temecula Planning Division. c. This project is within a Liquefaction Hazard Zone. PL-56. 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. PL-57. 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. PL-58. Preparation of CC&Rs. The CC&Rs shall be prepared at the developer's sole cost and expense. PL-59. 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. PL-60. CC&Rs and Management and Maintenance 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. PL-61. 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. PL-62. Termination of CC&Rs. The CC&Rs shall provide that the association may not be terminated without prior City approval. PL-63. CC&Rs and Maintenance of Propertv. 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-64. 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. PL-65. Maintenance of Open Areas. All open areas and landscaping governed by CC&Rs 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. PL-66. 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. PL-67. 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 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 Director Community Development of the City of Temecula. PL-68. 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. 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. Armando G. Villa, AICP Director Community Development Approved as to Form: Peter M. Thorson City Attorney PL-69. 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. PL-70. Recordation of CC&Rs. CC&Rs shall be finalized and recorded at the time of Final Map Recordation. PL-71. Copies of CC&Rs. Three copies of the final recorded CC&Rs shall be provided to the Planning Division. PL-72. Quimby Requirements. The developer shall satisfy the City's park land dedication (Quimby) requirement through the payment of in-lieu fees equal to 0.66 acres of park land, based upon the City's then current appraised park land valuation. Said requirements include a 25% credit for private recreational opportunities provided. OUTSIDE AGENCIES PL-73. Compliance with EMWD. The applicant shall comply with the recommendations set forth in the Eastern Municipal Water District's transmittal dated October 4, 2013, a copy of which is attached. BUILDING AND SAFETY DIVISION No conditions. FIRE PREVENTION General Requirements F-1. Requirements. Any and all previous existing conditions for this project will remain in full force and effect unless superseded by more stringent requirements here. F-2. Fire Flow (Residential). The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all residential 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 multi-family projects. The fire flow as given above has taken into account all information as provided (CFC Appendix B and Temecula City Ordinance 15.16.020). F-3. Fire Hydrants. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix C. Standard fire hydrants (6" x 4" 2 '/z" outlets) shall be located on Fire Department access roads and adjacent 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 projects. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required (CFC Appendix C and Temecula City Ordinance 15.16.020). F-4. Construction Phasing. If construction is phased, each phase shall provide approved access and fire protection prior to any building construction (CFC Chapter 5) Prior to Issuance of Grading Permit(s) F-5. Turning Radius (Dead End Roadway). Prior to building construction, 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 Temecula City Ordinance 15.16.020). F-6. All Weather Access Roads. Fire apparatus access roads and driveways 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 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 City Ordinance 15.16.020). F-7. Access Road Widths. Fire Department vehicle access roads shall have an unobstructed width of not less than 24 feet for commercial and track home roads and 20 feet for custom homes residential driveways with an unobstructed vertical clearance of not less than 13 feet 6 inches (CFC Chapter 5 and Temecula City Ordinance 15.16.020). 6 Prior to Issuance of Building Permit(s) F-8. Two Point Access. This development and any street within serving more than 35 homes or any commercial developments shall have two points of access, via all- weather surface roads, as approved by the Fire Prevention Bureau (CFC Chapter 5). F-9. Reauired Submittals (Fire Underground Water). 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 for the underground water system. 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 5 and Chapter 33). F-10. Reauired Submittals (Residential Fire Sprinkler Systems). 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. F-11. Required Submittals (Residential Fire Alarm Systems). 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. These plans must be submitted prior to the issuance of building permit. These are required for multi-family residential projects only. Prior to Issuance of Certificate of Occupancy F-12. Hydrant Markers. Hydrant locations shall be identified by the installation of reflective markers (blue dots) per Temecula City Ordinance 15.16.020). F-13. 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). POLICE DEPARTMENT No Conditions PUBLIC WORKS DEPARTMENT General Requirements PW-1. 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. PW-2. Subdivision Mao. 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. PW-3. 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. PW-4. Encroachment Permits. Prior to commencement of any applicable construction, encroachment permit(s) are required and shall be obtained from Public Works for public offsite improvements PW-5. Improvement Plans. The developer shall submit improvement plans (to include public/private street plans, storm drain plans, signage and striping plans) as required for review and approval by Public Works. The designs shall be in compliance with Riverside County Flood Control and Water Conservation District and City codes/standards. PW-6. Drainage and Water Quality Facility Maintenance. All onsite drainage and water quality facilities to be privately maintained. Prior to Recordation of the Tract Map PW-7. 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. PW-S. 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. PW-9. Required Clearances. As deemed necessary by Public Works, the developer shall receive written clearance from the following agencies: a. Rancho California Water District; b. Eastern Municipal Water District; c. Cable TV Franchise; d. Verizon; e. Southern California Edison Company; f. The Gas Company; or other affected agencies. PW-10. Rioht of Access. Relinquish and waive right of access to and from: a. Rancho Vista Road on the Tract Map with no opening as delineated on the approved Tentative Tract Map. b. Mira Loma Drive on the Tract Map with the exception of two (2) openings as delineated on the approved Tentative Tract Map. PW-11. Easements. Note the following: a. An easement shall be dedicated for public utilities and emergency vehicle access for all private streets as shown on the Tentative Tract Map. b. Easements (when required for roadway slopes, landscape, drainage facilities, utilities, etc.) shall be shown on the Final Map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted for review and recorded, as directed by 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." PW-12. 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) to the City's General Plan standards unless otherwise noted. Plans shall be approved by Public Works. All street improvement designs shall provide adequate right-of-way and pavement transitions per Caltrans' standards to join existing street improvements. a. Improve Rancho Vista Road (Secondary Arterial (4 lanes undivided) Standard No. 102 — 88' RAW) to include installation of streetlights, drainage facilities, signing and striping and utilities (including but not limited to water and sewer). b. Improve Mira Loma Drive (Collector(2 lanes undivided) Standard No. 103A—66' R/W) to include installation of streetlights, drainage facilities, signing and striping, and utilities (including but not limited to,water and sewer). PW-13. Parkway Landscaping. All parkway landscaping areas shall be privately maintained. PW-14. Underarounding Wires. All existing and proposed electrical and telecommunication lines, except electrical lines rated 34KV or greater, shall be installed underground per Title 15, Chapter 15.04 of the Temecula Municipal Code and utility provider's standards. The developer is responsible for any associated costs, for making arrangements with each utility agency and for obtaining the necessary easements. PW-15. 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. PW-16. Property Taxes. Any delinquent property taxes shall be paid. PW-17. Acquisition of Offsite Property. The developer shall make a good faith effort to acquire required offsite 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 Subdivision Map Act, Sections 66462 and 66462.5. The agreement shall provide for payment by the developer of all costs incurred by the City to acquire the offsite 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 developer's cost). The appraiser shall be approved by the City prior to commencement of the appraisal. PW-18. 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 Grading Permit(s) PW-19. Required Clearances. As deemed necessary by 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. Southern California Edison Company; e. The Gas Company; or other affected agencies. PW-20. 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: htto://www.cityoftemecula.org/Temecula/Government/PublicW orks/eng i neeringconst manual.htm PW-21. Grading/Erosion & Sediment Control Securities. The developer shall comply with the provisions of Chapter 24, Section 18.24.140 of the Temecula Municipal Code by posting security and entering into an agreement to guarantee the grading and erosion & sediment control improvements. PW-22. 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. PW-23. Area Drainage Plan (ADP) Fee to RCFC&WCD. The developer shall demonstrate to the City that the flood mitigation charge (ADP fee) has been paid to Riverside County Flood Control and Water Conservation District (RCFC&WCD). If the full ADP fee has already been credited to this property, no new charge will be required. PW-24. Letter of Permission/Easement. The developer shall obtain documents (letters of permission or easements) for any offsite work performed on adjoining properties. The document's format is as directed by, and shall be submitted to, Public Works for acceptance. The document information shall be noted on the approved grading plan. PW-25. NPDES General Permit Compliance. The developer shall obtain project coverage under the State National Pollutant Discharge Elimination System (NPDES) General Permit for Construction Activities and shall provide the following: a. A copy of the Waste Discharge Identification number (WDID) issued by the State Water Resources Control Board (SWRCB); b. The project's Risk Level (RL) determination number; and c. The name, contact information and certification number of the Qualified SWPPP Developer(QSD). Pursuant to the State Water Resources Control Board (SWRCB) requirements and City's storm water ordinance, a Storm Water Pollution Prevention Plan (SWPPP) shall be generated and submitted to the Board. Throughout the project duration, the SWPPP shall be routinely updated and readily available (onsite) to the State and City. Review www.cabmphandbooks.com for SWPPP guidelines. Refer to the following link. http://www.waterboards.ca.gov/water issues/prog ram s/stormwater/construction.sht ml PW-26. Water Quality Management Plan (WQMP) and O&M Agreement. The developer shall submit a final WQMP (prepared by a registered professional engineer) with the initial grading plan submittal, based on the conceptual WQMP from the entitlement process. It must receive acceptance by Public Works. A copy of the final project-specific WQMP must be kept onsite at all times. In addition, a completed WQMP Operation and Maintenance (O&M) Agreement shall be submitted for review and approval. Refer to the WQMP template and agreement link below: http://www.cityoftemecula.orgfTemecula/Government/PublicWorks/WQMPandNPD ES/WQMP.htm PW-27. Soils Report. A soils report, prepared by a registered soil or civil engineer, shall be submitted to Public Works with the initial grading plan submittal. The report shall address the site's soil conditions and provide recommendations for the construction of engineered structures and preliminary pavement sections. PW-28. Drainage Study. A drainage study shall be prepared by a registered civil engineer and submitted to Public Works with the initial grading plan check in accordance with City, Riverside County and engineering standards. The study shall identify storm water runoff quantities (to mitigate the 100-year storm event) from the development of this site and upstream of the site. It shall identify all existing or proposed offsite or onsite, 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. Prior to Issuance of Building Permit(s) PW-29. Tract Mao. Tract Map shall be approved and recorded prior to the issuance of the first building permit. PW-30. Traffic Control Plans. A construction area traffic control plan (TCP) will be required for lane closures and detours or other disruptions to traffic circulation; and shall be reviewed and approved by Public Works. The TCP shall be designed by a registered civil or traffic engineer in conformance with the latest edition of the Caltrans Manual on Uniform Traffic Control Devices (MUTCD) and City standards. PW-31. Street Lights. The developer shall submit a completed SCE street light application, an approved SCE Streetlight Plan and pay the advanced energy fees. If not obtaining a building permit, this shall be done prior to installation of additional street lighting. All costs associated with the relocation of any existing street lights shall be paid by the developer. PW-32. 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. Prior to Issuance of Certificate of Occupancy PW-33. 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 onsite work (including water quality facilities), public and private improvements and the executed WQMP Operation and Maintenance agreement. PW-34. 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. PW-35. 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. PW-36. Certifications. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by Public Works. RECEIVED eEASTERN MUNICIPAL 0` , 0 v F 1 R D IS T R I C T =SINCE 1950-" Board of Directors October 4, 2013 President Philip E.Paule Randy A.Record City of Temecula RPresident P.O. Box 9033 Ran Temecula, CA 92589-9033 Joseph J.Kuebler,CPA Re: Project No. PA13-0217, Rancho Vista VIg TTM Revision, APN 944060006, David J.Slawson Tent. Tract Map 33584 Ronald W.Sullivan Attn: Mr. Stuart Fisk General Manager Paul D.Jones 11,P.E. In order to receive sewer service from Eastern Municipal Water District (EMWD), the Treasurer following information will be helpful to the project proponent: Joseph J.Kuebler,CPA EMWD requires beginning dialogue with the project proponent at an earl stage in site q e9� 9 9 P 1 P P Y 9 Director of The design and development, via a one-hour complimentary Due Diligence meeting. To set Metropolitan Water up this meeting, the project proponent should complete a Project Questionnaire (form District ofso.Calif. NBD-058) and submit to EMWD. To download this form or for additional information, Randy A.Record please visit our "New Development Process" web page, under the "Businesses' tab, at Board Secretary and www.emwd.org. This meeting will offer the following benefits: Assistant to the General Manager 1. Describe EMWD's development work-flow process Rosemarie V.Howard 2. Identify,project scope and parameters Legal Counsel 3. Preliminary, high level review of the project within the context of existing Lemieux&O'Neill infrastructure 4. Discuss potential candidacy for recycled water service Following the Due Diligence meeting, to proceed with this project, a Plan Of Service (POS)will need to be developed by the developer's engineer, and reviewed/approved by EMWD prior to submitting improvement plans for Plan Check. The POS process will provide the following: 1- Technical evaluation of the project's preliminary design 2- Defined facility requirements, i.e. approved POS 3- Exception: for feasibility evaluation of a purchase acquisition, only a conceptual facilities assessment may be developed. If you have qu tions or concerns, please do.not hesitate to contact me. Sincerely L� Maroun Ell age, M.S., I�E. Senior Civil Engineer New Business Development (951) 928-3777 x4468 El-haaem(cDemwd.org Mailing Address: Post Office Box 8300 Perris,CA 92572-8300 Telephone:(951)928-3777 Fax: (951)928-6177 Location: 2270 Trumble Road Perris,CA 92570 Internet : www emwd.ore