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HomeMy WebLinkAbout12-005 CC Resolution RESOLUTION NO. 12-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA10-0145, TENTATIVE TRACT MAP 36295 TO SUBDIVIDE 25 GROSS ACRES INTO 45 LOTS AND ASSOCIATED OPEN SPACE LOCATED EAST OF WALCOTT LANE AND WEST OF BUTTERFIELD STAGE ROAD APPROXIMATELY 1,500 FEET NORTH OF LA SERENA WAY AND 1,100 FEET SOUTH OF CALLE CHAPOS (APNS 957-170-032 THROUGH -036) Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On May 12, 2010, Mr. Steve Galvez filed Planning Application Nos. PA10- 0145, Tentative Tract Map 36295; PA10-0146, Home Product Review; PA10-0147, Zone Change to PDO; and PA10-0148, General Plan Amendment in a manner in accord with the City of Temecula General Plan and Development Code. B. On November 16, 2011, the Planning Commission recommended approval of Planning Application Nos. PA10-0145, Tentative Tract Map 36295; PA10- 0146, Home Product Review; PA10-0147, Zone Change to PDO; and PA10-0148, General Plan Amendment. C. 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. D. A Mitigated Negative Declaration was prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA") and circulated for public review from August 8, 2011 through September 7, 2011 for a 30-day public review. E. On November 16, 2011, 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 November 16, 2011, 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 Mitigated Negative Declaration. F. 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 Mitigated Negative Declaration prepared for the Project. G. 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. PA10-0145, Tentative Tract Map 36295; PA10-0146, Home Product Review; PA10-0147, Zone Change to PDO; and PA10-0148, General Plan Amendment in a manner in accord with the City of Temecula General Plan and Development Code. H. On January 10, 2012, the City Council of the City of Temecula considered the Project and the Mitigated Negative Declaration, 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 Mitigated Negative Declaration prior to and at the public hearing. I. Following the public hearing, the Council adopted Resolution No. 12-03 adopting the Mitigated Negative Declaration and Mitigation Monitoring Program. J. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Legislative Findings. The City Council in approving the Tentative Tract Map hereby finds, determines and declares that: A. The proposed subdivision and the design and improvements of the subdivision are consistent are consistent with the Development Code, General Plan, the Subdivision Ordinance, and the City of Temecula Municipal Code; The proposed subdivision and the design and improvements of the subdivision are consistent with the Development Code, General P/an, and the City of Temecula Municipal Code. The 45-lot subdivision of a 25 gross acre site will result in a density of 1.8 units per acre, which is within the allowab/e density range of 0.5 to 2.9 units per acre consistent with a PDO based on L-Low Density Standards. B. The Tentative Map does not propose to divide land, which is the subject to a contract entered into pursuant to the California Land Conservation Act of 1965; The proposed property has not been used as agricultural land and has never been entered into any Williamson Act contracts. C. The site is physically suitable for the type and proposed density of development proposed by the Tentative Map. The site is physically suitab/e for the type and proposed density of development proposed by the Tentative Map. The Initial Study and specia/ reports prepared for the project indicate that there will not be any significant impacts to the environment. R:/Resos 2012/Resos 12-05 2 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 unavoidably injure fish or wildlife or their habitat; The design of the subdivision and the proposed improvements, with Conditions of Approval, will not like/y cause significant environmental damage or substantially and avoidab/y injure fish or wildlife or their habitat, because the Initia/ Study and associated mitigation outlined in the special reports prepared for the project have been incorporated into the Conditions of Approva/ and a Mitigated Negative Declaration and Mitigation Monitoring Program. E. The design of the subdivision and the type of improvements are not likely to cause serious public health problems; The design of the subdivision and the type of improvements are not likely to cause serious public health problems because the proposed development is consistent with all applicab/e building, deve/opment and fire codes, which will inc/ude provisions to safeguard public health, and will be further reviewed and inspected by City staff for compliance with all applicab/e building, development and fire codes prior to issuance of any grading, building, or occupancy permits. 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. The project has been designed to ensure that all setbacks have been met and that light and air access is availab/e to the extent possib/e. In . addition, the construction will be required to conform to all state energy efficiency codes as well. 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; The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at /arge for access through or use of property within the proposed subdivision. All required easements and dedication are required as Conditions of Approval. H. The subdivision is consistent with the City's parkland dedication requirements (Quimby); The subdivision is consistent with the City's park/and dedication requirements (Quimby), because payment of Quimby fees will be required prior to issuance of a building permit. Section 2. Tentative Map Approval. The City Council hereby approves Tentative Tract Map 36295 (Planning Application No. PA10-0145) to subdivide 25 gross R:/Resos 2012/Resos 12-05 3 acres into 45 lots and associated open space located east of Walcott Lane and west of butterfield Stage road approximately 1,500 feet north of La Serena WAY and 1,100 feet south of Calle Chapos (APNs 957-170-032 through -036) subject to the conditions of approval attached hereto and incorporated herein by this reference as though set forth in full. Section 3. 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 10 day of January, 2012. '--� ''� /> ! � �/ '/ /t ' ' ` � �✓/ ; � �- , uck Washington, Mayor ATTEST: ( / �� . � \ usan . Jones MMC City lerk [SEAL] R:/Resos 2012/Resos 12-05 4 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. 12-05 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 10 day of January, 2012, by the following vote: AYES: 4 COUNCIL MEMBERS: Comerchero, Edwards, Roberts, Washington NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Naggar ABSTAIN: 0 COUNCIL MEMBERS: None . f-� Susan . Jones, MMC City Clerk R:/Resos 2012/Resos 12-05 5 EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA10-0145 Project Description: Planning Application No. PA10-0145, a Tentative Tract Map (No. 36295) to subdivide 25 acres into 45 single-family cluster lots. Minimum lot size for the residential lots is 4,500 square feet. Approximately 10 acres of the site will be preserved as permanent open space to preserve the existing drainage on-site. Access to the site will be provided from Walcott Lane. Butterfield Stage Road will have restricted (gated), emergency access only. The project site is located west of Butterfield Stage Road, east of Walcott Lane, north of La Serena Way and south of Calle Chapos. (Associated applications: PA10-0146, Home Product Review; PA10-0147, Zone Change for PDO; and PA10-0148, General Plan Amendment for PDO/cluster development). Assessor's Parcel No.: 957-170-032, -033, -034, -035, and -036 MSHCP Category: Single Family Residential (less than 8 du/ac) DIF Category: Residential - Detached TUMF Category: Single-Family Residential Approval Date: January 10, 2012 Expiration Date: January 10, 2014 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 of Two Thousand One Hundred and Eight Dollars ($2,108.00) which includes the Two Thousand Forty-Four Dollar ($2,044.00) fee, required by Fish and Game Code Section 711.4(d)(3) plus the Sixty-Four pollar ($64.00) County administrative fee, to enable the City to file the Notice of Determination for the Mitigated 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 Department the check as required above, the approval for the project granted shall be void due to failure of condition [Fish and Game 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 Ciry 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 3 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 in the Mitigated Negative Declaration (MND) adopted forthis project per CEQA. PL-7. The development of the premises shall substantially conform to the approved site plan and tentative tract map contained on file with the Planning Department. PL-8. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Planning Director. If it is determined that the landscaping is not being maintained, the Planning Director shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. PL-9. On utilities, equipment, walls or other structures, all graffiti shall be removed within 24 hours. PL-10. 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-11. If construction is phased, a construction staging area plan or phasing plan for construction equipment and trash shall be approved by the Planning Director. PL-12. 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-13. If subdivision phasing is proposed, a phasing plan shall be submitted to and approved by the Planning Director. PL-14. A Homeowners Association may not be terminated without prior City approval. PL-15. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and construction debris. PL-16. The applicant shall comply with the Public Art Ordinance. PL-17. All parkways, including within the right-of-way, entryway median, landscaping, walls, fencing, recreational facilities, on-site lighting, streetlights on private streets, and Class 1 trail shall be maintained by the property owner or maintenance association. PL-18. The CC&Rs shall be reviewed and approved by the Temecula Community Services District. PL-19. All costs associated with the relocation of any existing streetlights shall be paid for by the developer. PL-20. The wall and fence plans shall be consistent with the height and location specified in the Noise Study prepared by Kunzman Associates, 2010. Prior to Issuance of Grading Permit(s) PL-21. 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 Planning Director 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 Planning Director 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 Planning Director." PL-22. 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-23. 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 Department prior to scheduling the pre-grading meeting with Public Works. PL-24. 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 Department 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-25. A copy of the Rough Grading Plans shall be submitted and approved by the Planning Department. Prior to Issuance of Building Permit(s) PL-26. Four copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Department. 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-27. The Landscaping and Irrigation Plans shall include a note on the plans stating that "The contractor shall provide finro copies of an agronomic soils report at the first irrigation inspection." PL-28. 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-29. A landscape maintenance program shall be submitted for approval, which details 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 contractorwho shall be responsible to carry out the detailed program. PL-30. The Landscaping and Irrigation Plans shall include a note stating that "Three landscape site inspections are required. The first inspection will verify irrigation installation with open trenches. The second inspection will verify that all irrigation systems have head- to-head coverage, and to verify that all planting have been installed consistent with the approved construction landscape plans. The third inspection will verify proper landscape maintenance for release of one year landscape maintenance bond." The applicanUowner shall contact the Planning Department to schedule inspections. PL-31. Specification of the landscape maintenance program shall indicate that "Three landscape site inspections are required. The first inspection will verify irrigation installation with open trenches. The second inspection will verify that all irrigation systems have head-to-head coverage, and to verify that all planting have been installed consistent with the approved construction landscape plans. The third inspection will verify proper landscape maintenance for release of one year landscape maintenance bond." The applicant/owner shall contact the Planning Department to schedule inspections. PL-32. 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 properry 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 including front yard landscaping which shall include, but may not be limited to, private slopes and common areas. PL-33. 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-34. The plans shall include all hardscaping for pedestrian trails within private common areas. PL-35. 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: a. Decorative block 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. b. Wrought iron or decorative block and wrought iron combination to take advantage of views for side and rear yards. c. Wood fencing shall be used for all side and rear yard fencing when not restricted/conditioned outlined above. PL-36. Precise Grading Plans shall be consistent with the approved rough grading plans including all structural setback measurements. PL-37. 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 Planning Director. PL-38. Roof-mounted mechanical equipment shall not be permitted within the subdivision; however, solar equipment or any other energy saving devices shall be permitted with Planning Director approval. PL-39. 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 insure that there are no conflicts with trees. PL-40. Building Construction Plans shall include detailed outdoor areas (including but not limited to trellises, decorative furniture, hardscape, and mailboxes) to match the style of the building subject to the approval of the Planning Director. PL-41. The developer shall provide the Planning Department verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. PL-42. Prior to the first building permit or installation of additional streetlights on Walcott Lane or Butterfield Stage Road, whichever occurs first, the developer shall complete the Temecula Community Services District application, submit an approved Edison Streetlight Plan, and pay the advanced energy fees. PL-43. The developer shall post security and enter into an agreement to install the landscaped parkway. PL-44. The applicant shall provide more detail with regard to screening of the lift station. Specifically, trees to screen views from the street, vines to cover the wall, and a potential trellis roof to screen views from residential neighbors above looking down into the lift station. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit PL-45. An applicant shall submit a letter of substantial conformance, subject to field verification by the Planning Director or his/her designee. Said letter of substantial conformance shall be prepared by the project designer and shall indicate that all plant materials and irrigation system components have been installed in accordance with the approved final landscape and irrigation plans. If a certificate of use and occupancy is not required for the project, such letterof substantial conformance shall be submitted priorto scheduling for the final inspection. PL-46. All required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to the Planning Director. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. PL-47. Front yard and slope landscaping within individual lots shall be completed for inspection. PL-48. HOA landscaping shall be completed for inspection for those lots adjacent to HOA landscaped area. PL-49. Performance securities, in amounts to be determined by the Planning Director, to guarantee the maintenance of the plantings in accordance with the approved construction landscape and irrigation plan shall be filed with the Planning Department 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 Planning Director, the bond shall be released upon request by the applicant. PL-50. 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-51. The developer shall satisfy the City's parkland dedication (Quimby) requirement through the payment of in-lieu fees equivalent to 0.64 acres of parkland, based upon the City's then current land evaluation. PL-52. A copy of the Final Map shall be submitted to and approved by the Planning Department. PL-53. A copy of the Environmental Constraint Sheet (ECS) shall be submitted to and approved by the Planning Department. PL-54. A copy of the Covenants, Conditions, and Restrictions (CC8�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, streetlights on private streets, Class 1 Trail, exterior of all buildings and all landscaped and open areas 'including parkways. PL-55. 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-56. The CC&Rs shall be prepared at the developer's sole cost and expense. PL-57. 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. PL-58. 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 ProjecYs Water Quality Management Plan. PL-59. The CC&Rs shall provide that the property shall be developed, operated and maintained so as not to create a public nuisance. PL-60. The CC&Rs shall provide that the association may not be terminated without prior City approval. PL-61. 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-62. 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-63. 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-64. 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-65. 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 CC8�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, nofinrithstanding 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-66. An Article must be added to every set of CC&Rs, following the DeclaranYs signature, to read as follows: CONSENT OF CITY OF TEMECULA The Conditions of Approval for Tentative Tract Map No. 36295 require the City of Temecula to review and approve the CC&Rs for the Parcel. The Ciry'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 CC8�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 Planning Director Approved as to Form: Peter M. Thorson City Attorney PL-67. 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-68. CC&Rs shall be finalized and recorded at the time of Final Map Recordation. PL-69. Three copies of the final recorded CC&Rs shall be provided to the Planning Department. PL-70. As per the City of Temecula's Multi-Use Trails and Bikeways Master Plan a Class I Trail and Class II Bike Lane shall be installed along Walcott Lane. A public access easement shall be dedicated on the Final Map for the Class I Trail. 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 residential land division per Appendix B. The applicant shall provide at time of plan review a copy of the original Conditions of Approval showing the originally required fire flow, and a current fire flow test as well as the hydraulic grade line from Rancho Water meeting those standards. This project will be required to provide a water system capable of delivering 1,500 GPM at 20-PSI residual operating pressure with a 2-hour duration. 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. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix C. The applicant shall provide at the time of plan review a copy of the original Conditions of Approval showing the originally required fire hydrant spacing and distances for this land/site, and current evidence of ineeting those standards. This project will be required to provide super fire hydrants (6" x 4" 2-2 %2" outlets) located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 500 feet apart at each intersection, and shall be located no more than 250 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required (CFC Appendix C and Temecula City Ordinance 15.16.020). F-4. This development shall maintain two points of access. One access point will be gated with emergency access only. Roads must be via all-weather surface as approved by the Fire Prevention Bureau (CFC Chapter 5) Prior to Issuance of Grading Permit(s) F-5. Maximum cul-de-sac length shall not exceed 1320 feet. Minimum outside turning radius on any cul-de-sac shall be 37 feet (CFC Chapter 5 along with the Temecula City Ordinance 15.16.020). F-6. 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 Ibs. 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 Temecula City Ordinance 15.16.020). F-7. Fire Department vehicle access roads shall have an unobstructed width of not less than 24 unobstructed as well with an unobstructed vertical clearance of not less than 13 feet 6 inches (CFC Chapter 5 and Temecula City Ordinance 15.16.020). F-8. The gradient for fire apparatus access roads shall not exceed 15 percent (CFC Chapter 5 and Temecula City Ordinance 15.16.020). Prior to Issuance of Certificate of Occupancy F-9. 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 fire fighting personnel (CFC Chapter 5). PUBLIC WORKS DEPARTMENT 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 and precise grading, including all on-site flat work and improvements, shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained street right-of-way. 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 drain system or receiving water during all field-related activities. ' PW-7. A Water Quality Management Plan (WQMP) must be conceptually accepted by the City prior to the initial grading plan check. The WQMP will be prepared by a registered civil engineer and include Low Impact Development (LID) Best Management Practices (BMPs), source controls, and treatment devices. PW-8. All onsite drainage and water quality facilities shall be privately maintained. PW-9. The 24-foot wide driveway opening on Butterfield Stage Road is restricted to emergency access 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-10. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the following agencies: a. Army Corps of Engineers b. California Department of Fish and Game c. Rancho California Water District d. Eastern Municipal Water District e. Riverside County Flood Control and Water Conservation District f. City of Temecula Fire Prevention Bureau g. Planning Department h. Department of Public Works i. Riverside County Health Department j. Cable TV Franchise k. Community Services District I. Verizon m. Southern California Edison Company n. Southern California Gas Company, or other affected agencies PW-11. The developer shall design and guarantee construction of the following public improvements outlined in these conditions to the City of Temecula General Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Department of Public Works. a. Butterfield Stage Road (Principal Arterial (6 lanes divided) Highway Standard No. 100-110' R/W) to include dedication of half-width street right-of-way, installation of half-width street improvements, paving, curb and gutter, sidewalk, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), and raised landscaped median. b. Walcott Lane — 66' R/W in compliance with Nicolas Valley Design Guidelines to include installation of curb and gutter, seven (7) foot wide planter area, nine (9) foot wide D.G. multipurpose trail, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) PW-12. All street improvement designs shall provide adequate right-of-way and pavement transitions per Caltrans' standards for transition to existing street sections. PW-13. Unless otherwise approved, all criteria shall be observed in the design of the street improvement plans. a. Street centerline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. b. Driveways shall conform to the applicable City Standard Number 207A. c. Design of street improvements shall extend a minimum of 300 feet beyond the project boundaries to ensure adequate continuiry of design with adjoining properties. d. Minimum centerline radii shall be in accordance with City Standard Number 113. e. All reverse curves shall include a 100-foot minimum tangent section. f. All street and driveway centerline intersections shall be at 90 degrees. g. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. h. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided underground. Easements shall be provided as required where adequate right-of-way does not exist for installation of the facilities. All utilities shall be designed and constructed in accordance with City codes and the utility provider. i. All utilities, except electrical lines rated 34kv or greater, shall be installed underground. PW-14. Private roads shall be designed to meet City public road standards. Unless otherwise approved, the following minimum criteria shall be observed in the design of private streets: a. Improve Street "A", "B", and "C" (Private Street — 50' R/E) to include installation of full-width street improvements, including utilities, as shown on the approved Tentative Tract Map. b. Cul-de-sac geometries shall meet current City standards. c. Minimum safe horizontal centerline radii shall be required (all centerline radii should be identified on the site plan). d. Identify whether gates will be proposed at entrances to project. If so, configuration, stacking distance, and turn-around ability will need to be reviewed and approved by the Fire Department and the Department of Public Works. e. All intersections shall be perpendicular to 90 degrees. PW-15. A construction area Traffic Control Plan shall be designed by a registered civil engineer and reviewed by the Department of Public Works for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. PW-16. Relinquish and waive right of access to and from Butte�eld Stage Road on the Tract Map with the exception of one opening as delineated on the approved TractMap. This access is restricted for emergency access only. PW-17. Relinquish and waive right of access to and from Walcott Lane on the Tract Map with the exception of one opening as delineated on the approved Tentative Tract Map. PW-18. Corner property line cut off for vehicular sight distance and installation of pedestrian facilities shall be provided at all street intersections in accordance with Riverside County Standard Number 805. PW-19. 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-20. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of an existing Assessment District must comply with the requirements of said section. Prior to City Council approval of the Tract Map, the developer shall submit an application for reapportionment of any assessments with the appropriate regulatory agency. PW-21. Any delinquent property taxes shall be paid. PW-22. 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-23. 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-24. 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 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 the developer's cost. The appraiser shall be approved by the Ciry prior to commencement of the appraisal. PW-25. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with Ciry codes and the utiliry provider. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. PW-26. The developer shall notify the Ciry's cable TV franchisees of the Intent to Develop. Conduit shall be installed to cable TV standards at time of street improvements. PW-27. Private drainage easements for cross-lot drainage shall be required and shall be delineated and noted on the Final Map. PW-28. Easements, when required for roadway slopes, landscape easements, drainage facilities, utilities, etc., shall be shown on the Final Map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted for review and recorded as directed by the Department of Public Works. On-site drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the Final Map. A note shall be added to the Final Map stating "drainage easements shall be kept free of buildings and obstructions." Prior to Issuance of Grading Permit(s) PW-29. The Water Quality Management Plan (WQMP) must receive final acceptance by the City prior to issuance of any grading permit. PW-30. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the following agencies: a. San Diego Regional Water Qualiry Control Board b. Army Corps of Engineers c. California Department of Fish and Game d. Riverside County Flood Control and Water Conservation District e. Planning Department f. Department of Public Works, or other affected agencies PW-31. 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-32. A copy of the grading and improvement plans, along with supporting hydrologic and hydraulic calculations shall be submitted to the Riverside County Flood Control and Water Conservation District for approval. PW-33. A permit from Riverside County Flood Control and Water Conservation District is required for work within their right-of-way. PW-34. 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-35. A Drainage Study shall be prepared by a registered civil engineer and submitted to the Department of Public Works with the initial grading plan check. The study shall identify storm water runoff quantities expected from the development of this site and upstream of the site. It shall identify all existing or proposed off site or on-site, public or private, drainage facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate outfall capable of receiving the storm water runoff without damage to public or private property. The study shall include a capacity analysis verifying the adequacy of all facilities. Any upgrading or upsizing of drainage facilities necessary to convey the storm water runoff shall be provided as part of development of this project. The basis for analysis and design shall be a storm with a recurrence interval of 100 years. PW-36. Construction-phase pollution prevention controls shall be consistent with the City's Grading, Erosion and Sediment Control Ordinance and associated technical manual, and the Citys standard notes for Erosion and Sediment Control. PW-37. The project shall demonstrate coverage under the State NPDES General Permit for Construction Activities by providing a copy of the Waste Discharge Identification number (WDID) issued by the State Water Resources Control Board (SWRCB). A Stormwater Pollution Prevention Plan (SW PPP) shall be available at the site throughout the duration of construction activities. PW-38. 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 Grading Ordinance Section 18.24.120. PW-39. 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-40. 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-41. 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. PW-42. All lot drainage shall be directed to the driveway by side yard drainage swales independent of any other lot. Prior to Issuance of Building Permit PW-43. Prior to issuance of the first building permit, a. Tract Map No. 36295 shall be approved and recorded. b. The City is currently working on a Capital Improvement Project (CIP) No. PW09-02 to design and construct Butterfield Stage Road from Murrieta Hot Springs Road to just north of La Serena Way. i. In the event that PW09-02 is completed prior to the developer starting their project, the developer shall install sidewalk and parkway improvements along its property frontage. The developer shall complete this work prior to the issuance of the first building permit ii. In the event that the developer's project occurs prior to the completion of PW09-02, the developer shall construct Butterfield Stage Road (Principal Arterial (6 lanes divided) Highway Standard No. 100-110' R/W) to include the dedication of half-width street right-of-way, the installation of half-width street improvements, paving, curb and gutter, sidewalk, streetlights, drainage facilities, signing and striping, utilities including, but not limited to, water and sewer, and the raised landscaped median. The developer shall complete this work prior to the issuance of the first building permit. PW-44. 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-45. 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-46. 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-47. 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-48. 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-49. The project shall demonstrate that the structural treatment control BMPs outlined in the Water Quality Management Plan (WQMP) have been constructed and installed in conformance with approved plans and are ready for immediate implementation. PW-50. As deemed necessary by the Department of Public Works the developer shall receive written clearance from Rancho California Water District, Eastern Municipal Water District, or other affected agencies. PW-51. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. PW-52. 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-53. 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.