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HomeMy WebLinkAbout12-007 DH Resolution DH RESOLUTION NO. 12-07 A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PAl2-0086, A TENTATIVE PARCEL MAP (NO. 36461) TO SUBDIVIDE 7.07 ACRES INTO TWO PARCELS WITHIN PLANNING AREA 38 OF THE PASEO DEL SOL SPECIFIC PLAN, LOCATED AT THE SOUTHWEST CORNER OF CAMPANULA WAY AND DE PORTOLA ROAD. THE LOT SPLIT IS REQUIRED TO CREATE A SEPARATE PARCEL FOR THE WATER QUALITY MANAGEMENT PLAN BASIN LOCATED AT THE WESTERN PROPERTY LINE, AS APPROVED BY THE ARMY CORPS OF ENGINEERS AS PART OF THE OVERALL DRAINAGE PLAN FOR THE PASEO DEL SOL DEVELOPMENT WITH NO DEVELOPMENT PROPOSED ON THIS COMMERCIALLY DESIGNATED PROPERTY. Section 1. Procedural Findings. The Planning Director of the City of Temecula does hereby find, determine and declare that: A. On April 26, 2012 Michael Rust, filed Planning Application No. PAl2-0086 Tentative Parcel Map Application 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 Director, at a regular meeting, considered the Application and environmental review on September 20, 2012, 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 Director's Hearing and after due consideration of the testimony, the Planning Director approved Planning Application No. PAl2-0086 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PAl2-0086, conformed to the City of Temecula's General Plan Development Code, Subdivision Ordinance and Paloma Del Sol Specific Plan. E. AI legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Director, in approving Planning Application NQ. PAl2-0086, hereby finds, determines and declares that: Tentative Map (Section 16.09.140) A. The proposed subdivision and the design and improvements of the subdivision are consistent with the Subdivision Ordinance, Development Code, Temecula General Plan and the City of Temecula Municipal Code. The proposed map is consistent with the Subdivision Ordinance, Temecula General Plan, Paloma Del Sol Specific Plan, and the City of Temecula Municipal Code. � B. The Tentative Map does not divide land, which is subject to a contract - entered into pursuant to the California Land Conservation Act of 1965. The proposed map does not impact land designated for conservation or agricultural use. C. The site is physically suitable for the type and proposed density of development proposed by the Tentative Map. The proposed map subdivides 7.07 acres into two parcels. The lot split is required to create a separate parcel for the WQMP basin located at the western property line, as approved by the ACOE as part of the overall drainage plan for the Paseo del Sol development. No development is proposed on this commercially designated property. The proposed Tentative Parcel Map design is consistent with the Temecula Genera/ Plan, Paloma Del Sol Specific Plan, and Development Code. D. The design of the subdivision and the proposed improvements, with Conditions of Approval, are not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The project consists of a Parcel Map to create a separate parcel for the WQMP basin located at the western property line. As conditioned, the subdivision is nof likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat: E. The design of the subdivision and the type of improvements are not likely to cause serious public health problems. The project has been reviewed by the Fire, Public Works, Planning, and Building and Safety Departments. As a result, the project is consistent or has been conditioned fo be consistent with the City's General Plan and Municipal Code which contain provisions to protect the health, safety, and welfare of the public. F. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. The Tentative Parce/ Map creates a separate parcel for the WQMP basin located at the western property line. No construction is proposed for this Parcel Map. G. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided. All acquired rights-of-way and easements have been provided on the Tentative Map. The City has reviewed these easements and has found no potential conflicts. H. The subdivision is consistent with the City's parkland dedication requirements (Quimby). The project does not involve the construction of any residential uses and is therefore not subject to the City's parkland dedication requirements. Section 3. Environmental Findings. The Planning Director hereby makes the following environmental findings and determinations in connection with the approval of the Tentative Farcel Map Application: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review per CEQA Section 15162, Subsequent EIRs and Negative Declarations Section 4. Conditions. The Planning Director of the City of Temecula approves Planning Application No. PAl2-0086, Tentative Parcel Map 36461 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 Director this 20th day of September, 2012 Patrick Richardson, Director of Development Services 1, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby certify that the forgoing DH Resolution No. 12-07 was duly and regularly adopted by the Planning Director of the City of Temecula at a regular meeting thereof held on the 20th day of September, 2012. , - .� ynthia Laric i , Secretary � EXHIBIT A FINAL CONDITIONS OF APPROVAL � EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PAl2-0086 Project Description: A Tentative Parcel Map (No. 36461) to subdivide 7.07 acres into two parcels within Planning Area 38 of the Paseo del Sol Specific Plan, located at the southwest corner of Campanula Way and De Portola Road Assessor's Parcel No.: 959-390-007 MSHCP Category: Exempt (Section 15.10.100.E) DIF Category: Per Public Facilities Development Impact Fee Reduction Agreement TUMF Category: Retail Commercial Quimby Category: N/A (Non-Residential Project) Approval Date: September 20, 2012 Expiration Date: September 20, 2015 PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project PL-1: The applicanUdeveloper 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 pollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. 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)). General Requirements PL-2. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include a'ny agency or instrumentality thereof, or any of its elected or appointed officials, 1 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 Cify 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 appcoval shall be used within three years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the three year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approvaL PL-5. The Planning Director may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to 5 one-year extensions of time, one year at a time. PL-6. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 4(Paloma Del Sol). PL-7. The project and all subsequent projects within this site shall comply with all mitigation measures identified within EIR No. 235. PL-8. Prior to issuance of grading permit, the Project Applicant shall retain a Riverside County qualified archaeological firm to monitor all ground-disturbing activities. PL-9. Pechanga Tribal monitors shall be allowed to monitor all grading, excavation and groundbreaking activities. Prior to issuance of grading permit Project Applicant must submit a fully executed Cultural Resources Treatment and Monitoring Agreement, by and between the Pechanga Tribe the Project Applicant, and the landowner. The Agreement shall address the treatment of cultural resources on the Project properly, the designation, responsibilities, and participation of Pechanga Tribal monitors during grading, including agreed upon compensation fortribal monitors, excavation and ground disturbing activities; project grading and development scheduling; and treatment, interim and final disposition of any cultural resources, sacred sites, and human remains discovered on the site. PL-10. Prior to issuance of grading permit, the Project Applicant shall file a Pechanga- approved grading plan with the City, and a copy to the Pechanga Tribe, which sets forth the plan and methodology for grading activities, including a timeline, locations and nature of grading, details concerning the observation of grading activities by the archaeological firm and the Pechanga Tribe. Said plan or methodology shall include the requirement for a qualified archaeological monitor and Pechanga Tribal monitor to be present and to have the authority to stop and redirect grading activities. At least 7 business days prior to project grading, the Project Applicant shall contact the Pechanga Tribe to notify the Tribe of grading, excavation and the monitoring program/schedule, and to coordinate with the Tribe on the monitoring work schedule. In accordance with the Agreement required in PL-9, the archaeological monitor's authority to stop and redirect grading will be exercised in consultation with the Pechanga Tribe in order to evaluate the nature and significance of any archaeological resources discovered on the property. Such evaluation shall include culturally appropriate temporary and permanent • 2 treatment pursuant to the Cultural Resources Treatment and Monitoring Agreement, which may include avoidance of cultural resources, in-place preservation of cultural resources located in native soils and/or re-burial on Project property in area(s) agreed upon by the Pechanga Tribe and the landowner so they are not subject to further disturbance in perpetuity. PL-11. If human remains are encountered, California Health and Safety Code Section 7050.5 states that no further disturbance shall occur in the vicinity of the find(s) until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to California Public Resources Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission must be contacted within 24 hours. The Native American Heritage Commission must then identify the "most likely descendant(s)", which parties agree will likely be the Pechanga Band based upon the Tribe's ancestral ties to the area and previous designation as MLD on projects in the geographic vicinity. The landowner shall engage in consultations with the most likely descendant (MLD). The MLD will make recommendations concerning the treatment of the remains pursuant to the Public Resources Code 5097.98 and the Treatment Agreement described in PL-9. PL-12. The landowner shall relinquish ownership of all cultural resources, including sacred items, burial goods and all archaeological artifacts that are found on the project area to the Pechanga Tribe for proper treatment and disposition pursuant to the Agreement required in RL-9. PL-13. All sacred areas located in native soils, should they be encountered within the project area, shall be avoided and preserved. PL-14. It is understood by the Applicant, the City and the Tribe that this Project area is located ' in the vicinity of and possibly contains components of a culturally significant Pechanga/Luiseno village, known as Yamiinga and/or associated cultural properties, including a Traditional Cultural Property (TCP). The Project area and TCP contain not only archaeological components, but also resources with cultural values, including, but not limited to ceremonial components. If inadvertent discoveries of subsurface archaeological or cultural resources are discovered during grading, the Developer, the project archaeologist, and the Tribe shall assess the significance of such resources and shall meet and confer regarding the mitigation for such resources, which may include avoidance of cultural resources, in-place preservation of cultural resources located in native soils, and/or re-burial on Project property so they are not subject to further disturbance in perpetuity. Any reburial shall occur at a location predetermined between the landowner and Pechanga, details of which to be addressed in the Cultural Resources Treatment and Monitoring Agreement in PL-9. Pursuant to Calif. Pub. Res. Code § 21083.2(b) avoidance is the preferred method of preservation for archaeological resources and cultural resources. If the landowner and the Tribe cannot agree on the significance or the mitigation for the archaeological or cultural resources, these issues will be presented to the City Planning Director for decision. The City Planning Director shall make the determination based on the provisions of the California Environmental Quality Act with respect to archaeological resources and shall take into account the cultural and religious principles and practices of the Tribe. Notwithstanding any other rights available under the law, the decision of the City Planning Director shall be appealable to the City Planning Commission and/or City Council. 3 Prior to Recordation of the Final Map PL A copy of the Final Map shall be submitted to and approved by the Planning Department. PL-16. A copy of the Environmental Constraint Sheet (ECS) shall be submitted to and approved by the Planning Department. PL-17. A revised copy of the Covenants, Conditions, and Restrictions (CC&Rs) or other formal agreement acceptable to the Planning Director that addresses ownership and maintenance of the Water Quality Management Plan basin, that includes the new °+r� ��,- ^�� detention basin and associated facilities shall be submitted and approved by the Planning Director, and recorded with the Final Map. 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. If a formal agreement is recorded, the requirement for CC&Rs and Conditions of Approval PL-18 through PL-32 shall not apply. (REVISED AT DIRECTOR'S HEARING ON SEPTEMBER 20, 2012) PL-18. 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 bythis approval and as said officials deem necessary to protect the interests of the City and its residents. PL-19. The CC&Rs shall be prepared at the developer's sole cost and expense. PL-20. 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 Attomey. They shall be recorded concurrent with the final map. A recorded copy shall be provided to the City. PL-21. 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-22. The CC&Rs shall provide that the property shall be developed, operated and maintained so as not to create a public nuisance. PL-23. The CC&Rs shall provide that the association may not be terminated without prior City approval. PL-24. 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 properry shall be subject to a lien in favor of the City to secure any such expense not promptly reimbursed. PL-25. 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. a PL-26. 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-27. 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-28. An Article must be added to ev�ery set of CC&Rs to read as follows: Article CONSENT OF CITY OF TEMECULA 1. The Conditions of Approval of Tentative Tract Map Number requires the City to review and approve the CC&Rs for the Parcel. 2. Declarant acknowledges that the City has reviewed these CC&Rs and that its review is limited to a determination of whether the proposed CC&Rs properly implement the requirements of the Conditions of Approval for the Parcel. The City's consent to these CC&Rs does not contain or imply any approval of the appropriateness or legality of the other provisions of the CC&Rs, including, without limitation, the use restrictions, private easements and encroachments, private maintenance requirements, architecture and landscape controls, assessment procedures, assessment enforcement, resolution of disputes or procedural matters. 3. In the event of a conflict between the Conditions of Approval of the land use entitlements issued by the City for the Parcel or Federal, State, or local laws, ordinances, and regulations and these CC&Rs, the provisions of the Conditions of Approval and Federal, State or local laws, ordinances, and regulations shall prevail, notwithstanding the language of the CC&Rs ` 4. These CC&Rs shall not be terminated, amended or otherwise modified without the express written consent of the Planning Director of the City of Temecula. PL-29. 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 5 of the other provisions of the CC&Rs, including, without limitation, the use restrictions, private easements and encroachments, private maintenance requirements, architecture and landscape controls, assessments, enforcement of assessments resolutions of disputes or procedural matters. Subject to the limitations set forth herein, the City consents to the CC&Rs. Patrick Richardson Director of Development Services Approved as to Form: Peter M. Thorson City Attomey PL-30. 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 Cityfor public purposes. PL-31. CC&Rs shall be finalized and recorded at the time of Final Map Recordation. PL-32. Three copies of the final recorded CC&Rs shall be provided to the Planning Department. 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. s PW-3. A Grading Permit for rough and or 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 street right 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. All water quality and storm drain facilities shall be privately maintained. Prior to approval of the Parcel Map, unless other timing is indicated, the developer shall complete or have plans submitted and approved, subdivision improvement agreements executed and securities posted. PW-8. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the following agencies: a. Rancho California Water District b. Eastern Municipal Water Distnct c. City of Temecula Fire Prevention Bureau d. Planning Department � e. Department of Public Works f. Riverside County Health Department g. Cable TV Franchise h. Verizon i. Southern California Edision Company j. Southern California Gas Company PW-9. 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. PW-10. 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-11. Relinquish and waive right of access to and from De Portola Road on the Parcel Map with the exception of one opening as delineated on the approved Tentative Parcel Map. � PW-12. Relinquish and waive right of access to and from De Portola on the Parcel Map with the exception of two openings as delineated on the approved Tentative Parcel Map: a 32' wide opening for Parcel 1, and a 12' wide opening for Parcel 2 specifically for maintenance vehicles use. (REVISED AT DIRECTOR'S HEARING ON SEPTEMBER 20, 2012) PW-13. Any delinquent property taxes shall be paid. PW-14. An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the Parcel Map to delineate identified environmental concerns and shall be recorded with the map. ' PW-15. 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-16. 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 Parcel Map for recordation, enter into an agreement to complefe 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 Ciry to acquire the off-site property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the developer, at the developer's cost. The appraiser shall be approved by the City prior to commencement of the appraisal. PW-17. 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-18. Private drainage easements for cross-lot drainage shall be required and shall be delineated and noted on the Par�el Map. PW-19. Easements, when required for roadway slopes, landscape easements, drainage facilities, utilities, etc., shall be shown on the Parcel 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 easeme�ts and shown on the Parcel Map. A note shall be added to the Parcel Map stating "drainage easements shall be kept free of buildings and obstructions." Prior to Issuance of any Grading Permit(s) . PW-20. The Water Quality Management Plan (WQMP) must receive final acceptance by the City prior to issuance of any grading permit. PW-21. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the following agencies a. Planning Department PW-22. 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 s control measures needed to adequately protect the site (public and private) and adjoining properties from damage due to emsion. PW-23. 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-24. 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 storrn with a recurrence interval of 100 years. PW-25. Construction-phase pollution prevention controls shall be consistent with the City's Grading, Erosion and Sediment Control Ordinance and associated technical manual, and the Cit�s standard notes for Erosion and Sediment Control. PW-26. The project shall demonstrate coverage under the State NPDES General Permit for Construction Activities by providing a copy of the Waste Discharge Identification number (WDID) issued by the State Water Resources Control Board (SWRCB), the project's Risk Level (RL) determination number, and the name and contact information of the Qualified SWPPP Developer (QSD). A Stormwater Pollution Prevention Plan (SWPPP) shall be available at the site throughout the duration of construction activities. PW-27. 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-28. 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-29. The developer shall obtain letters of approval or easements for any off site work performed on adjoining properties. The letters or easements shall be in format as directed by the Department of Public Works. Prior to Issuance of Building Permit(s) PW-30. Parcel Map No. 36461 shall be approved and recorded. PW-31. 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. 9 PW-32. 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-33. 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-34. 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 irriplementing Chapter 15.08. Prior to Issuance of Certificate of Occupancy PW-35. 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-36. 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. �o