HomeMy WebLinkAbout07_003 PC Resolution
PC RESOLUTION NO. 07-03
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA APPROVING PLANNING APPLICATION
NO. PA06-0252, A TENTATIVE TRACT MAP TO SUBDIVIDE
THREE LOTS TOTALING 8.6 ACRES INTO 73 LOTS FOR 64
SINGLE.FAMIL Y HOMES ON PROPERTY GENERALLY
LOCATED AT THE NORTH WESTERLY CORNER OF DATE
STREET AND LAKEVIEW ROAD WITHIN THE HARVESTON
SPECIFIC PLAN (APN 916-410-001,019,AND 033)
Section 1. Procedural Findinas. The Planning Commission of the City of Temecula
does hereby find, determine and declare that:
A. On August 24, 2006, Steve Long representing Lennar Homes, filed Planning
Application No. PA06-0252, (Tentative Tract Map) in a manner in accord with the City of
Temecula General Plan and Development Code.
B. The Application was processed including, but not limited to a public notice, in the
time and manner prescribed by State and local law.
C. The Planning Commission, at a regular meeting, considered the Application and
environmental review on January 3, 2007, at a duly noticed public hearing as prescribed by law,
at which time the City staff and interested persons had an opportunity to and did testify either in
support or in opposition to this matter.
D. At the conclusion of the Commission hearing and after due consideration of the
testimony, the Commission approved Planning Application No. PA06-0252 subject to and based
upon the findings set forth hereunder.
E. All legal preconditions to the adoption of this Resolution have occurred.
Section 2. Further Findinas. The Planning Commission, in approving the Application
Findinas. The Planning Commission, in approving the Application hereby makes the following
findings as required by Section 17.05.01 OF of the Temecula Municipal Code:
A. The proposed subdivision and the design and improvements of the subdivision
are consistent with the Development Code, General Plan, the Subdivision Ordinance and the
City of Temecula Municipal Code;
Tentative Tract Map No. 34698 is consistent with the General Plan, the Subdivision
Ordinance, the Development Code, and the Municipal Code because the project has
been designed in a manner that it is consistent with the General Plan, Subdivision
Ordinance, Development Code, and the Municipal Code.
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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;
This project is not located with the Williamson Act, and therefore does not propose to
subdivide land that has been entered into an Agricultural Contract.
C. The site is physically suitable for the type and proposed density of development
proposed by the tentative map;
The project consists of a 73 lot (64 of which are residential lots) Tentative Tract Map on
property designated for low medium density residential uses, which is consistent with the
General Plan and the Harveston Specific Plan.
D. The design of the subdivision and the proposed improvements, with conditions of
approval, will not be likely to cause significant environmental damage or substantially and
avoidably injure fish or wildlife or their habitat;
An EIR was approved by the City Council for the Harveston Specific Plan which
addressed environmental impacts on the site. Mitigation measures (described in the
Mitigation Monitoring Program), have been incorporated as conditions for this
application, as appropriate. The application is consistent with the project description
analyzed in the EIR and no subsequent environmental review is necessary per Section
15162 of the Califomia Environmental Quality Act.
E. The design of the subdivision and the type of improvements are not likely to
cause serious public health problems;
The project has been reviewed and commented on by the Fire Prevention Bureau and
the Building and Safety Division. As a result, the project will be conditioned to address
their concerns. Further, provisions are made in the General Plan and the Development
Code to ensure that the public health, safety and welfare are safeguarded. The project
is consistent with these documents.
F. The design of the subdivision provides for future passive or natural heating or
cooling opportunities in the subdivision to the extent feasible;
The design of the subdivision provides for future passive or natural heating or cooling
opportunities in the subdivision to the extent feasible. Prior to the construction of single-
family residences the applicant will be required to submit building plans to the Building
Department that comply with the Uniform Building Code, which contains requirements
for energy conservation.
G. The design of the subdivision and the type of improvements will not conflict with
easements acquired by the public at large for access through or use of property within the
proposed subdivision.
All required rights-of-way and easements have been provided on the Tentative Map.
The Public Works Department and Community Services District have reviewed the
proposed division of land and adequate conditions and/or modifications have been made
to the Tentative Tract Map.
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H.
(Quimby).
The subdivision is consistent with the City's parkland dedication requirements
Appropriate parkland dedication and in-lieu fee swill be required as a Condition of Approval.
Section 3. Environmental Comoliance. In accordance with the California
Environmental Quality Act, the proposed project has been deemed to be Categorically Exempt
from further environmental review (CEQA Section 15162- Subsequent EIR).
Section 4. Conditions. The Planning Commission of the City of Temecula approves
Planning Application No. PA06-0252, a Tentative Tract Map to subdivide three lots totaling 8.6
acres into 64 single family lots located at the north westerly corner of Date Street and Lakeview
Road with the Harveston Specific Plan, subject to the Conditions of Approval set forth on Exhibit
A, attached hereto, and incorporated herein by this reference.
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Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning
Co~"';'" ~. '"' day of ""'"'~ 2007. ~ cJ
ATTEST:
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Deb, ie Ubnosk~} Secretary
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STATE OF CAI::IFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify
that the forgoing PC Resolution No, 07-0S was duly and regularly adopted by the Planning
Commission of the City of Temecula at a regular meeting thereof held on the Srd day of January
2007, by the following vote:
AYES: 5
NOES: 0
PLANNING COMMISSIONERS: Carey, Chiniaeff, Guerriero, Harter, Telesio
ABSENT: 0
PLANNING COMMISSIONERS: None
PLANNING COMMISSIONERS: None
ABSTAIN: 0
PLANNING COMMISSIONERS: None
'7>~-<" ~~
Debbie Ubnoske, Secretary
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EXHIBIT A
FINAL CONDITIONS OF APPROVAL
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EXHIBIT A
CITY OF TEMECULA
FINAL REVISED CONDITIONS OF APPROVAL
Planning Application No.: PA06-0253
Project Description:
A Development Plan to construct 64 detached single-
family cluster homes located in Tract 34698, generally at
the north westerly corner of Date Street and Lakeview
Road in the Harveston Specific Plan
Assessor's Parcel No.
916-410-001,019,033
MSHCP Category:
DIF Category:
TUMF Category:
Per Development Agreement
Per Development Agreement
Per Development Agreement
Expiration Date:
January 3, 2007
January 3, 2009
Approval Date:
WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT
Planning Department
1. The applicant/developer shall deliver to the Planning Department a cashier's check or money
order made payable to the County Clerk in the amount of Sixty-Four Dollars ($64.00) for the
County administrative fee, to enable the City to file the Notice of Determination with a
DeMinimus Finding 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 Department the check as
required above, the approval for the project granted shall be void by reason of failure of
condition (Fish and Game Code Section 711.4(c)). 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 Eighteen Hundred and Fifty Dollars ($1,850.00) which includes the
Eighteen Hundred Dollar ($1,800.00) fee, required by Fish and Game 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 with a DeMinimus Finding for the previously approved
Environmental Impact Report required under Public Resources Code Section 21152 and
California Code of Regulations Section 15904. If within said 48- hour period the
applicant/developer has not delivered to the Planning Department the check as required
above, the approval for the project granted shall be void by reason of failure of condition
(Fish and Game Code Section 711.4(c)). (Condition amended at the 1/3/07 Planning
Commission Hearing)
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GENERAL REQUIREMENTS
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Planning Department
2. The applicant shall sign both copies of the Final Conditions of Approval that will be provided
by the Planning Department staff, and return one signed set to the Planning Department for
their files. .
3. The applicant and owner of the real property subject to this condition shall hereby agree to
indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own
selection from any and all claims, actions, awards, judgments, or proceedings against the
City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly,
from any action in furtherance of and the approval of the City, or any agency or
instrumentality thereof, advisory agency, appeal board or legislative body including actions
approved by the voters of the City, concerning the Planning Application. The City shall be
deemed for purposes of this condition, to include any agency or instrumentality thereof, or
any of its elected or appointed officials, officers, employees, consultants, contractors, legal
counsel, and agents. City shall promptly notify both the applicant and landowner of any
claim, action, or proceeding to which this condition is applicable and shall further cooperate
fully in the defense of the action. The City reserves the right to take any and all action the
City deems to be in the best interest of the City and its citizens in regards to such defense.
4. The permittee shall obtain City approval for any modifications or revisions to the approval of
this development plan.
5. The Director of Planning may, upon an application being filed within thirty days prior to
expiration, and for good cause, grant a time extension of up to three 1-year extensions of
time, one year at a time.
6. This approval shall be used within two 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 two-year period, which is thereafter diligently pursued to completion,
or the beginning of substantial utilization contemplated by this apprQval.
7. 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.
8. The project and all subsequent projects within this site shall comply with all mitigation
measures identified within the Final Environmental Impact Report for the Harveston Specific
Plan, and the approved Mitigation Monitoring Program thereof.
9. This approval is for product review only and shall in no way limit the City or other regulatory
or service agencies from applying additional requirements and/or conditions consistent with
applicable policies and standards upon the review of grading, building and other necessary
permits and approvals for the project.
10. The colors and materials for this project shall substantially conform to the approved colors
and materials contained on file with the Planning Department, or as amended herein. Any
deviation from the approved colors and materials shall require approval of the Director of
Planning. Staff may elect to reject the request to amend or substitute materials and colors,
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in which case the real party in interest may appeal, after payment of the regular cost of an
appeal, the decision to the Planning Commission for its decision.
11. Applicant shall obtain the proper permits before construction, including Encroachment
Permit from the Public Works Department for any work done in the City's right-of-way, and
Building Permit from the Building and Safety Department.
12. Fire Hydrants shall be installed prior to the start of any construction at the site.
13. Driveway widths shall comply with the driveway width requirements per City Standards. In
order to allow for adequate street parking, the driveway widths at curbs will be limited to 24'
maximum.
14. All lots shall be built in accordance with the Site Plans labeled as "Elevations".
15. The applicant shall submit to the Planning Department for permanent filing two 8" X 10"
glossy photographic color prints of the approved Color and Materials Board and the colored
architectural elevations. All labels on the Color and Materials Board and Elevations shall be
readable on the photographic prints.
Fire Prevention
16. 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.
17. If construction is phased, each phase shall provide approved access and fire protection prior
to any building construction (CFC 8704.2 and 902.2.2).
18. The Fire Prevention Bureau is required to set a minimum fire flow for residential land division
per CFC Appendix III.A, Table A-III-A-1. The developer shall provide for this project, a water
system capable of delivering 1500 GPM at 20 PSI residual operating pressure for a 2 hour
duration.. The Fire Flow as given above has taken into account all information as provided
(CFC 903.2, Appendix III.A).
19. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC
Appendix III.B, Table A-III-B-1. Standard fire hydrants (6' x 4' x 21/2' outlets) shall be
located on Fire Department access roads and adjacent public streets. Hydrants shall be
spaced at 500 feet apart, at each intersection and shall be located no more than 250 feet
from any point on the street or Fire Department access road(s) frontage to a hydrant. The
required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade
of existing fire hydrants may be required (CFC 903.2, 903.4.2, and Appendix III-B).
Community Services Department
20. The developer shall contact the City's franchised solid waste hauler for disposal of
construction debris. Only the City's franchisee may haul construction debris.
21. Open space lots 66, 67 and 69; drainage facilities, interior landscaping, street lights on
private streets, project perimeter walls, project monumentation and landscaped entry median
shall be maintained by the Homeowners Association (HOA).
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PRIOR TO ISSUANCE OF GRADING PERMITS
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Planning Department
22. The following shall be included in. the Notes Section of the Grading Plan: "If at any time
during excavation/construction of the site, archaeologicaVcultural resources, or any artifacts
or other objects which reasonably appears to be evidence of cultural or archaeological
resource are discovered, the property owner shall immediately advise the City of such and
the City shall cause all further excavation or other disturbance of the affected area to
immediately cease. The Director of Planning at hislher sole discretion may require the
property to deposit a sum of money it deems reasonably necessary to allow the City to
consult and/or authorize an independent, fully qualified specialist to inspect the site at no
cost to the City, in order to assess the significance of the find. Upon determining that the
discovery is not an archaeologicaVcultural resource, the Director of Planning shall notify the
property owner of such determination and shall authorize the resumption of work. Upon
determining that the discovery is an archaeologicaVcultural resource, the Director of
Planning shall notify the property owner that no further excavation or development may take
place until a mitigation plan or other corrective measures have been approved by the
Director of Planning.
23. 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.
Fire Plllvention
24. Fire Department vehicle access roads shall have an unobstructed width of not less than
twenty (20) feet and an unobstructed vertical clearance of not less than thirteen (13) feet six
(6) inches (CFC 902.2.2.1 and Ord 99-14).
25. Prior to grading permit and building construction, dead end road ways and streets in excess
of one hundred and fifty (150) feet which have not been completed shall have a turnaround
capable of accommodating fire apparatus (CFC 902.2.2.4).
26. Prior to building construction, this development, and any street within serving more than 35
homes shall have two (2) points of access, via all-weather surface roads, as approved by the
Fire Prevention Bureau (CFC 902.2.1).
27. Maximum cul-de-sac length shall not exceed 1320 feet. Minimum turning radius on any cul-
de-sac shall be thirty-seven (37) feet for residential and forty-five (45) feet for commercial
(CFC 902.2.2.3, CFC 902.2.2.4).
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PRIOR TO ISSUANCE OF BUILDING PERMIT
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Planning Department
28. Prior to construction of the Model Home complex, the applicant shall apply for a Model
Home complex permit.
29. Construction building plans shall include upgraded front doors to the satisfaction of the
Planning Director. Proposed window shutters shall be compatible with the size of the
window to the satisfaction of the Planning Director. (Condition added at the 1/3/07
Planning Commission Hearing)
30. Wall and fence plans shall be submitted for review and approval by the Planning Director
prior to the issuance of building permits for the project subject to the following:
a. The wall and fence plan shall include additional pilasters within the public view shed
to the satisfaction of the Planning Director.
b. The applicant shall obtain signatures from all homeowners stating that they
acknowledge that Lennar will be removing the wood fencing and replace with a block
wall along the east side of the project (Murrieta boundary) before the approval of the
fence and wall plans.
c. The vinyl fencing proposed in the rear and side yards facing the Arroyo Park shall be
changed to WFElIl!jllt iF8R a low block wall with vinyl picketfencing (consistent with
Prescott and Barrington product fencing on the other side of the Arroyo Park) to the
satisfaction of the Planning Director. (Condition amended at the 113/07 Planning
Commission Hearing) .
31. Provide a windows closed condition requiring a means of mechanical ventilation (fresh air
intake) for all homes facing Ynez Road and Date Street. Fresh intake ducts at these homes
should be based on the Uniform Building Code (UBC) requirements that state "in lieu of
exterior openings for natural ventilation, a mechanical ventilating system may be provided.
Such a system shall be capable of providing two air changes per hour with minimum outside
fresh air requirements.
32. Provide standard upgraded windows with a Sound Transmission (STC) rating 27 or higher
for all first floor windows on homes facing Date Street or Ynez Road.
33. Homes facing Date Street and Ynez Road should be provided with weather-stripped solid
core exterior doors and exterior walVroof assembles should be free of cut outs and
openings.
34. All window and door assemblies used throughout the project shall be free of cut outs and
openings and shall be well fitted and well weather-stripped.
35. Provide exterior walls with a minimum Sound Transmission Class (STC) rating of 46.
Typical walls with this rating will have 2X4 studs or greater, 16" o.c. with R-13 insulation, a
minimum 7/8" exterior surface of cement plaster and a minimum interior surface of ]12"
gypsum board.
36. Provide roof/ceiling system utilizing minimum ]12" plywood sheathing that is well sealed to
form a continuous barrier with minimum R-19 batt insulation in the joist cavities.
37. Construct a six-foot high noise barrier for lots facing Ynez Road and Date Street.
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38. Three 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,
genus, species, and container size of the plants shall be shown. The plans shall be
consistent with the Water Efficient Ordinance. The plans shall be accompanied by the
following items:
a. Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal).
b. Provide an agronomic soils report with the construction landscape plans.
c. One copy of the approved grading plan.
d. Water usage calculations per Chapter 17.32 of the Development Code (Water
Efficient Ordinance).
e. Total cost estimate of plantings and irrigation (in accordance with approved plan).
f. The locations of all existing trees that will be saved consistent with the tentative map.
g. 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 contractor
who shall be responsible to carry out the detailed program.
h. Proposed trees along the City of Murrieta property line shall be increased in
size to 24" box and shall be placed strategically to screen homes. (Condition
added at the 1/3/2007 Planning Commission Hearing).
Fire Prevention
39. Prior to building permit and building construction, all locations where structures are to be
built shall have approved temporary Fire Department vehicle access roads for use until
permanent roads are installed. Temporary Fire Department access roads shall be an all
weather surface for 80,000 Ibs GVW (CFC 8704.2 and 902.2.2.2).
40. Prior to issuance of building permits, the developer shall furnish one copy of the water
system plans to the Fire Prevention Bureau for approval prior to installation. Plans shall be:
signed by a registered civil engineer; contain a Fire Prevention Bureau approval signature
block; and conform to hydrant type, location, spacing and minimum fire flow standards. After
the plans are signed by the local water company, the originals shall be presented to the Fire
Prevention Bureau for signatures. The required water system including fire hydrants shall be
installed and accepted by the appropriate water agency prior to any combustible building
materials being placed on an individual lot (CFC 8704.3, 901.2.2.2 and National Fire
Protection Association 24 1-4.1).
41. Prior to issuance of building permits, fuel modification plans (if applicable) shall be
submitted to the Fire Prevention Bureau for review and approval for all open space areas
adjacent to the wildland-vegetation interface (CFC Appendix II-A). (Condition amended at
the 1/3107 Planning Commission Hearing)
42. Prior to issuance of building permits, plans for structural protection from vegetation fires shall
be submitted to the Fire Prevention Bureau for review and approval. The measures shall
include, but are not limited to, enclosing eaves, noncombustible barriers (cement or block
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wails), and fuel modification zones (If applicable) (CFC Appendix II-A). (Condition
amended at the 1/3/07 Planning Commission Hearing)
Community Services
43. The developer shall provide TCSD verification of arrangements made with the City's
franchised solid waste hauler for disposal of construction debris.
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PRIOR TO RELEASE OF POWER, BUILDING OCCUPANCY OR ANY USE ALLOWED BY
THIS PERMIT
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Planning Department
44. 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 Director of
Planning. The plants shall be healthy and free of weeds, disease, or pests. The irrigation
system shall be properly constructed and in..~ood working order.
45. Front yard and slope landscaping within individual lots shall be completed for inspection.
46. HOA landscaping shall be completed for inspection prior to issuance of occupancy for those
lots adjacent to HOA landscaped area.
47. Performance securities, in amounts to be determined by the Director of Planning, 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 Director of Planning, the
bond shall be released upon request by the applicant.
48. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed
by this permit.
Fire Prevention
49. Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers"
shall be installed to identify fire hydrant locations (CFC 901.4.3).
50. Prior to Certificate of occupancy all manual and electronic gates on required Fire
Department access roads or gates obstructing Fire Department building access shall be
provided with the Knox Rapid entry system for emergency access by firefighting personnel
(CFC 902.4).
51. Prior to Certificate of Occupancy or Building Final, all locations where structures are to be
built shall have approved Fire Department vehicle access roads to within 150 feet to any
portion of the facility or any portion of an exterior wall of the building(s). Fire Department
access roads shall be an all weather surface designed for 80,000 Ibs. GVW with a minimum
AC thickness of .25 feet (CFC sec 902 and Ord 99-14).
52. Prior to Certificate of Occupancy the applicant s!1all submit to the Fire Prevention Bureau a
georectified (pursuant to Riverside County standards) digital version of the map including
parcel and street centerline information. The electronic file will be provided in a ESRI
Arclnfo/ArcView compatible format and projected in a State Plane NAD 83 (California Zone
VI) coordinate system. The Bureau must accept the data as to completeness, accuracy and
format prior to satisfaction of this condition.
Community Services
53. The developer or his assignee shall submit, in a format as directed by TCSD staff, the most
current list of Assessor's Parcel Numbers assigned to the final project.
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54. It shall be the developer's responsibility to provide written disclosure of the existence of
TCSD and its service level rates and charges to all prospective purchasers.
By placing my signature below, I confirm that I have read, understand and accept all the above
Conditions of Approval. I further understand that the property shall be maintained in conformance
with these conditions of approval and that any changes I may wish to make to the project shall be
subject to Community Development Department approval.
Applicant's Signature
Date
Applicant's Printed Name
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