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HomeMy WebLinkAbout14-014 PC Resolution PC RESOLUTION NO. 14-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA12-0133, TENTATIVE TRACT MAP 36479 TO SUBDIVIDE 73 GROSS ACRES INTO 83 LOTS AND ASSOCIATED OPEN SPACE LOCATED AT THE SOUTHEAST CORNER OF VIA LOBO AND NICOLAS ROAD" (APNS 919-350-017, 018, 019, 020) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On July 12, 2012, Mr. Lenny Dunn filed Planning Application Nos. PA12- 0131, General Plan Amendment; PA12-0132, Zone Change to a PDO; PA12-0133, Tentative Tract Map 36479; and PA12-0134, Home Product Review application in a manner in accord with the City of Temecula General Plan and Development Code. B. On May 21, 2014, the Planning Commission recommended approval of Planning Application Nos. PA12-0131, General Plan Amendment; PA12-0132, Zone Change to a PDO; PA12-0133, Tentative Tract Map 36479; and PA12-0134, Home Product Review. C. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. D. The Planning Commission, at a regular meeting, considered the Applications and environmental review on May 21, 2014, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. E. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application Nos. PA12-0131, General Plan Amendment; PA12-0132, Zone Change to a PDO; PA12-0133, Tentative Tract Map 36479; and PA12-0134, Home Product Review application with a Mitigated Negative Declaration and Mitigation Monitoring Program subject to and based upon the findings set forth hereunder. F. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: Tentative Tract Map 36479, Planning Application No. PA12-0133 is in conformance with the General Plan for Temecula and with all applicable requirements of State Law and other Ordinances of the City: A. The proposed subdivision and the design and improvements of the subdivision 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 Plan, and the City of Temecula Municipal Code. The 83-lot subdivision of a 73 gross acre site will result in a density of 1.13 units per acre, which is within the allowable 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 suitable for the type and proposed density of development proposed by the Tentative Map. The Initial Study and special reports prepared for the project indicate that there will not be any significant impacts to the environment. 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 likely cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat, because the Initial Study and associated mitigation outlined in the special reports prepared for the project have been incorporated into the Conditions of Approval 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 applicable building, development and fire codes, which include provisions to safeguard public health, and will be further reviewed and inspected by City staff for compliance with all applicable 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 available to the extent possible. 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 have been considered in the design of the subdivision, and will not conflict with existing or future easements acquired by the public at large 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 parkland dedication requirements (Quimby), because payment of Quimby fees will be required prior to issuance of a building permit. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of Tentative Tract Map 36479, PA12-0133: A. Pursuant to California Environmental Quality Act (CEQA), City staff prepared an Initial Study of the potential environmental effects of the approval of the Tentative Tract Map and associated applications, as described in the Initial Study ("the Project"). Based upon the findings contained in that study, City staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a Mitigated Negative Declaration was prepared. B. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration as required by law. The public comment period commenced on April 21, 2014, and expired on May 20, 2014. Copies of the documents have been available for public review and inspection at the offices of the Department of Community Development, located at City Hall, 41000 Main Street, Temecula, California 92590. C. Four written comments were received prior to the public hearing and a response to all the comments made therein was prepared, submitted to the Planning Commission and incorporated into the administrative record of the proceedings. D. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration prior to and at the May 21, 2014 public hearing, and based on the whole record before it finds that: (1) the Mitigated Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. Section 4. Recommendation. The Planning Commission of the City of Temecula hereby recommends that the City Council approve Planning Application No. PA12-0133, Tentative Tract Map 36479 to subdivide 73 gross acres into 83 lots and associated open space located at the southeast corner of Via Lobo and Nicolas Road (APNs 919-350-017, 018, 019, 020), subject to the Conditions of Approval set forth on Exhibit A, attached to the City Council Resolution, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 215t day of May, 2014. Stanley Harter, Chairman ATTEST: Armando G. Villa, AICP Secretary [SEAL] STATE OF;CALIFORNIA ) COUNTY OF`'RIVERSIDE )ss CITY OF TEMECULA ) I, Armando G. Villa, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 14-14 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 215t day of May, 2014, by the following vote: AYES: 4 PLANNING COMMISSIONERS: Carey, Harter, Kight, Telesio NOES: 0 PLANNING COMMISSIONERS None ABSENT: 1 PLANNING COMMISSIONERS Guerriero ABSTAIN: 0 PLANNING COMMISSIONERS None0 P � V�. Armando G. Villa, AICP Secretary EXHIBIT A CC RESOLUTION RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA12-0133, TENTATIVE TRACT MAP 36479 TO SUBDIVIDE 73 GROSS ACRES INTO 83 LOTS AND ASSOCIATED OPEN SPACE LOCATED AT THE SOUTHEAST CORNER OF VIA LOBO AND NICOLAS ROAD (APNS 919-350-017, 018, 019, 020) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On July 12, 2012, Mr. Lenny Dunn filed Planning Application Nos. PA12- 0131, General Plan Amendment; PA12-0132, Zone Change to a PDO; PA12-0133, Tentative Tract Map 36479; and PA12-0134, Home Product Review application in a manner in accord with the City of Temecula General Plan and Development Code. B. On May 21, 2014, the Planning Commission recommended approval of Planning Application Nos. PA12-0131, General Plan Amendment; PA12-0132, Zone Change to a PDO; PA12-0133, Tentative Tract Map 36479; and PA12-0134, Home Product Review. 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 California Environmental Quality Act Guidelines (CEQA) and circulated for public review from April 21, 2014 to May 20, 2014 for a 30-day public review. Copies of the documents have been available for public review and inspection at the offices of the Department of Community Development, located at City Hall, 41000 Main Street, Temecula, California 92590. E. On May 21, 2014, 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 May 21, 2014, 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. PA12-0131, General Plan Amendment; PA12-0132, Zone Change to a PDO; PA12-0133, Tentative Tract Map 36479; and PA12-0134, Home Product Review in a manner in accord with the City of Temecula General Plan and Development Code. H. On , 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. 14- 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 Tentative Tract Map 36479 hereby finds, determines and declares that: 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; The proposed subdivision and the design and improvements of the subdivision are consistent with the Development Code, General Plan, and the City of Temecula Municipal Code. The 83-lot subdivision of a 73 gross acre site will result in a density of 1.13 units per acre, which is within the allowable 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 suitable for the type and proposed density of development proposed by*the Tentative Map. The Initial Study and special reports prepared for the project indicate that there will not be any significant impacts to the environment. 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 likely cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat, because the Initial Study and associated mitigation outlined in the special reports prepared for the project have been incorporated into the Conditions of Approval 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 applicable building, development and fire codes, which include provisions to safeguard public health, and will be further reviewed and inspected by City staff for compliance with all applicable 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 available to the extent possible. 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 have been considered in the design of the subdivision, and will not conflict with existing or future easements acquired by the public at large 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 parkland dedication requirements (Quimby), because payment of Quimby fees will be required prior to issuance of a building permit. Section 3. The City Clerk shall certify to the adoption of the Resolution and it shall become effective upon its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of, 2014. Maryann Edwards, Mayor ATTEST: Gwyn R. Flores, CMC Acting City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Gwyn R. Flores, CMC, Acting City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. - was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of 2014, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Gwyn R. Flores, CMC Acting City Clerk EXHIBIT B DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: Planning Application No. PA12-0133 Project Description: A Tentative Tract Map (No. 36479) to subdivide 73 acres into 83 single-family cluster lots. Minimum lot size for the residential lots is 5,500 square feet. Approximately 39 acres will be permanently preserved as open space. Also, other portions of the site associated with the residential component result in another four acres, or approximately 59% of the site preserved as permanent open space. Environmental issues have been avoided by designing a compact development footprint, staying away from the existing drainage onsite, and designating the drainage and sensitive portions of the site as Open Space (OS). Access to the site will be provided from Nicolas and Via Lobo Roads. Assessor's Parcel No.: APNs 919-350-017, 018, 019, 020 MSHCP Category: Single-Family Residential (less than 8 du/ac) DIF Category: Residential - Detached TUMF Category: Single-Family Residential Quimby Category: Single-Family with Attached Garage Approval Date: To be Determined by City Council Expiration Date: To be Determined by City Council PLANNING DIVISION Within 48 Hours of the Approval of This Project PL-1. Filing Notice of Determination. The applicant/developer shall deliver to the Planning Division a cashier's check or money order made payable to the County Clerk in the amount of Two Thousand Two Hundred Thirty-One Dollars and Twenty-Five Cents ($2,231.25) which includes the Two Thousand One Hundred Eighty-One Dollars and Twenty-Five Cents ($2,181.25) fee, required by Fish and Wildlife Code Section 711.4(d)(3) plus the Fifty Dollars ($50.00) County administrative fee, to enable the City to file the Notice of Determination for the Mitigated Negative Declaration required under Public Resources Code Section 21152 and California Code of Regulations Section 15075. If within said 48-hour period the applicant/ developer has not delivered to the Planning Division the check as required above, the approval for the project granted shall be void due to failure of condition [Fish and Wildlife Code Section 711.4(c)]. General Requirements PL-2. Indemnification of the City. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. PL-3. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL-4. Expiration. 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. Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to 5 one-year extensions of time, one year at a time. PL-6. Conformance with Approved Plans. The development of the premises shall substantially conform to the approved tentative tract map contained on file with the Planning Division. PL-7. Landscape Maintenance. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Director of Community Development. If it is determined that the landscaping is not being maintained, the Director of Community Development 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-8. Water Quality and Drainage. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers, landscape debris, and waste from entering the storm drain system or from leaving the property. To ensure compliance with this Condition of Approval: a. Spills and leaks shall be cleaned up immediately. b. Do not wash, maintain, or repair vehicles onsite. c. Do not hose down parking areas, sidewalks, alleys, or gutters. d. Ensure that all materials and products stored outside are protected from rain. e. Ensure all trash bins are covered at all times. PL-9. Phased Construction. If construction is phased, a construction staging area plan or phasing plan for construction equipment and trash shall be approved by the Director of Community Development. PL-10. Compliance with City Noise Ordinance. The project shall operate in conformance with all requirements and regulations of Chapter 9.20 (Noise) of the Temecula Municipal Code. PL-11. Subdivision Map Act. The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance No. 460, unless modified by the conditions listed below. An Extension of Time may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made prior to the expiration date. PL-12. Subdivision Phasing. If subdivision phasing is proposed, a phasing plan shall be submitted to and approved by the Community Development Director. PL-13. Public Art Ordinance. The applicant shall comply with the requirements of the City's Public Art Ordinance as defined in Section 5.08 of the Temecula Municipal Code. PL-14. Property Maintenance. All parkways, including within the right-of-way, entryway median, landscaping, walls, fencing, recreational facilities, and on-site lighting shall be maintained by the property owner or maintenance association. PL-15. Class II Bicycle Lanes. Class II bicycle lanes, as specified in the City of Temecula Multi-Use Trails and Bikeways Master Plan, shall be identified on the street improvement plans, and constructed in concurrence with the street improvements. PL-16. Class I Multi-Use Trails. Class I multi-use trails shall be provided as per the City of Temecula's Multi-Use Trails and Bikeways Master Plan. The construction plans for the Class I trails shall be included on the perimeter landscape plans and constructed in concurrence with the installation of the landscaping. Prior to Issuance of Grading Permit(s) PL-17. Placement of Transformer. Provide the Planning Division with a copy of the underground water plans and electrical plans for verification of proper placement of transformer(s) and double detector check prior to final agreement with the utility companies. PL-18. Placement of Double Detector Check Valves. Double detector check valves shall be installed at locations that minimize their visibility from the public right-of-way, subject to review and approval by the Director of Community Development. PL-19. Archaeological/Cultural Resources Grading Note. The following shall be included in the Notes Section of the Grading Plan: "If at any time during excavation/construction of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Director of Community Development at his/her sole discretion may require the property owner to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the discovery is not an archaeological/ cultural resource, the 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-20. Cultural Resources Treatment Agreement. The developer is required to enter into a Cultural Resources Treatment Agreement with the Pechanga Tribe. This Agreement will address the treatment and disposition of cultural resources and human remains that may be impacted as a result of the development of the project, as well as provisions for tribal monitors. PL-21. Discovery of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: "If cultural resources are discovered during the project construction (inadvertent discoveries), all work in the area of the find shall cease, and a qualified archaeologist and representatives of the Pechanga Tribe shall be retained by the project sponsor to investigate the find, and make recommendations as to treatment and mitigation." PL-22. Archaeological Monitoring of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: "A qualified archaeological monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the Pechanga Tribe and their designated monitors, to evaluate the significance of any archaeological resources discovered on the property." PL-23. Tribal Monitoring of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: 'Tribal monitors from the Pechanga Tribe shall be allowed to monitor all grading, excavation and groundbreaking activities, including all archaeological surveys, testing, and studies, to be compensated by the developer." PL-24. Relinquishment of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: 'The landowner agrees to relinquish ownership of all cultural resources, including all archaeological artifacts that are found on the project area, to the Pechanga Tribe for proper treatment and disposition." PL-25. Preservation of Sacred Sites. The following shall be included in the Notes Section of the Grading Plan: "All sacred sites are to be avoided and preserved." PL-26. MSHCP Pre-Construction Survey. A 30-day preconstruction survey, in accordance with MSHCP guidelines and survey protocol, shall be conducted prior to ground disturbance. The results of the 30-day preconstruction survey shall be submitted to the Planning Division prior to scheduling the pre-grading meeting with Public Works. PL-27. Burrowing Owl Grading Note. The following shall be included in the Notes Section of the Grading Plan: "No grubbing/clearing of the site shall occur prior to scheduling the pre-grading meeting with Public Works. All project sites containing suitable habitat for burrowing owls, whether owls were found or not, require a 30-day preconstruction survey that shall be conducted within 30 days prior to ground disturbance to avoid direct take of burrowing owls. If the results of the survey indicate that no burrowing owls are present on-site, then the project may move forward with grading, upon Planning Division approval. If burrowing owls are found to be present or nesting on-site during the preconstruction survey, then the following recommendations must be adhered to: Exclusion and relocation activities may not occur during the breeding season, which is defined as March 1 through August 31, with the following exception: From March 1 through March 15 and from August 1 through August 31 exclusion and relocation activities may take place if it is proven to the City and appropriate regulatory agencies (if any) that egg laying or chick rearing is not taking place. This determination must be made by a qualified biologist." PL-28. Rough Grading Plans. A copy of the Rough Grading Plans shall be submitted and approved by the Planning Division. Prior to Issuance of Building Permits associated with PA12-0134, Home Product Review PL-29. Transportation Uniform Mitigation Fee (TUMF). The City of Temecula adopted an ordinance on March 31, 2003 to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). This project is subject to payment of these fees at the time of building permit issuance. The fees are subject to the provisions of Chapter 15.08 of the Temecula Municipal Code and the fee schedule in effect at the time of building permit issuance. PL-30. Development Impact Fee (DIF). The developer shall comply with the provisions of Title 15, Chapter 15.06 of the Temecula Municipal Code and all its resolutions by paying the appropriate City fee. PL-31. Quimby Requirements. The developer satisfied the City's parkland dedication (Quimby) requirement by constructing a 6.4 acre park on site. PL-32. Construction Landscaping and Irrigation Plans. Four (4) copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Division. These plans shall be submitted as a separate submittal, not as part of the building plans or other plan set. These plans shall conform to the approved conceptual landscape plan, or as amended by these conditions. The location, number, height and spread, water usage or KC value, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance and Water Storage Contingency Plan per the Rancho California Water District. The plans shall be accompanied by the appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal) and one copy of the approved Grading Plan. PL-33. Parking Area Landscaping. The Landscaping and Irrigation Plans shall provide a minimum five-foot wide planter to be installed at the perimeter of all parking areas. Curbs, walkways, etc. are not to infringe on this area. PL-34. Landscaping Site Inspections. The Landscaping and Irrigation Plans shall include a note stating, "Three landscape site inspections are required. The first inspection will be conducted at installation of irrigation while trenches are open. This will verify that irrigation equipment and layout is per plan specifications and details. Any adjustments or discrepancies in actual conditions will be addressed at this time and will require an approval to continue. Where applicable, a mainline pressure check will also be conducted. This will verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verify that all irrigation systems are operating properly, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The third inspection will verify property landscape maintenance for release of the one-year landscape maintenance bond." The applicant/owner shall contact the Planning Division to schedule inspections. PL-35. Agronomic Soils Report. The Landscaping and Irrigation Plans shall include a note on the plans stating, "The contractor shall provide two copies of an agronomic soils report at the first irrigation inspection." PL-36. Water Usage Calculations. The Landscaping and Irrigation Plans shall include water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance), the total cost estimate of plantings and irrigation (in accordance with approved plan). Applicant shall use evapotranspiration (ETo) factor of 0.70 for calculating the maximum allowable water budget. PL-37. Landscape Maintenance Program. A landscape maintenance program shall be submitted to the Planning Division for approval. The landscape maintenance program shall detail the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out the detailed program. PL-38. Specifications of Landscape Maintenance Program. Specifications of the landscape maintenance program shall indicate, "Three landscape site inspections are required. The first inspection will be conducted at installation of irrigation while trenches are open. This will verify that irrigation equipment and layout is per plan specifications and details. Any adjustments or discrepancies in actual conditions will be addressed at this time and will require an approval to continue. Where applicable, a mainline pressure check will also be conducted. This will verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verify that all irrigation systems are operating properly, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The third inspection will verify property landscape maintenance for release of the one-year landscape maintenance bond." The applicant/owner shall contact the Planning Division to schedule inspections. PL-39. Irrigation. The landscape plans shall include automatic irrigation for all landscaped areas and complete screening of all ground mounted equipment from view of the public from streets and adjacent property for(private common areas; front yards and slopes within individual lots; shrub planting to completely screen perimeter walls adjacent to a public right-of-way equal to 66 feet or larger; and, all landscaping excluding City maintained areas and front yard landscaping which shall include, but may not be limited to, private slopes and common areas). PL-40. Wall and Fence Plans. Wall and fence plans shall be consistent with the Conceptual Landscape Plans showing the height, location and the following materials for all walls and fences: PL-41. Precise Grading Plans. Precise Grading Plans shall be consistent with the approved rough grading plans including all structural setback measurements. PL-42. WQMP Treatment Devices. All WQMP treatment devices, including design details, shall be shown on the construction landscape plans. If revisions are made to the WQMP design that result in any changes to the conceptual landscape plans after entitlement, the revisions will be shown on the construction landscape plans, subject to the approval of the Director of Community Development. PL-43. Utility Screening. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. Provide a three-foot clear zone around fire check detectors as required by the Fire Department before starting the screen. Group utilities together in order to reduce intrusion. Screening of utilities is not to look like an after-thought. Plan planting beds and design around utilities. Locate all light poles on plans and ensure that there are no conflicts with trees. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit PL-44. Letter of Substantial Conformance. The applicant shall submit a letter of substantial conformance, subject to field verification by the Director of Community Development 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. Such letter of substantial conformance shall be submitted prior to scheduling for the final inspection. PL-45. Landscape Installation Consistent with Construction Plans. 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-46. Front Yard and Slope Landscaping. Front yard and slope landscaping within individual lots shall be completed for inspection. PL-47. HOA Landscaping. HOA landscaping shall be completed for inspection for those lots adjacent to HOA landscaped area. PL-48. Performance Securities. Performance securities, in amounts to be determined by the Director of Community Development, to guarantee the maintenance of the plantings in accordance with the approved construction landscape and irrigation plan, shall be filed with the Planning Division for a period of one year from final Certificate of Occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Director of Community Development, the bond shall be released upon request by the applicant. PL-49. Installation of Site Improvements. All site improvements, including but not limited to, parking areas and striping shall be installed. PL-50. TCSD Service Levels. It shall be the developer's responsibility to provide written disclosure of the existence of the Temecula Community Service District (TCSD) and its service level rates and charges to all prospective purchasers. PL-51. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Prior to Recordation of the Final Map PL-52. Final Map. A copy of the Final Map shall be submitted to, and approved by, the Planning Division. PL-53. Environmental Constraint Sheet. A copy of the Environmental Constraint Sheet (ECS) shall be submitted to, and approved by, the Planning Division with the following notes: a. This property is located within 30 miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory recommendations, Ordinance No. 655. b. This property is located in the French Valley Airport Land Use Overlay Zone, and shall comply with all mitigation identified in the Mitigated Negative Declaration for this project. PL-54. Park Lot. Lot 91 should be identified as a lettered lot, and further described as a public park that is maintained by the Home Owners Association (HOA). PL-55. Submittal of CC&Rs. A copy of the Covenants, Conditions, and Restrictions (CC&Rs) shall be submitted and approved by the Director of Community Development. The CC&Rs shall include liability insurance and methods of maintaining open space, recreation areas, parking areas, private roads, exterior of all buildings, and all landscaped and open areas, including parkways. PL-56. Form and Content of CC&Rs. The CC&Rs shall be in the form and content approved by the Director of Community Development, City Engineer, and the City Attorney, and shall include such provisions as are required by this approval and as said officials deem necessary to protect the interests of the City and its residents. PL-57. Preparation of CC&Rs. The CC&Rs shall be prepared at the developer's sole cost and expense. PL-58. Review of CC&Rs. The CC&Rs and Articles of Incorporation of the Property Owners Association are subject to the approval of the Director of Community Development, Public Works Director, and the City Attorney. PL-59. CC&Rs and Management and Maintenance of Common Areas. The CC&Rs shall provide for the effective establishment, operation, management, use, repair, and maintenance of all common areas, drainage facilities, and pollution prevention devices outlined in the project's Water Quality Management Plan. PL-60. CC&Rs and Public Nuisance. The CC&Rs shall provide that the property shall be developed, operated, and maintained so as not to create a public nuisance. PL-61. Termination of CC&Rs. The CC&Rs shall provide that the association may not be terminated without prior City approval. PL-62. CC&Rs and Maintenance of Propertv. The CC&Rs shall provide that if the property is not maintained in the condition required by the CC&Rs, then the City, after making due demand and giving reasonable notice, may enter the property and perform, at the owner's sole expense, any maintenance required thereon by the CC&Rs or the City Ordinances. The property shall be subject to a lien in favor of the City to secure any such expense not promptly reimbursed. PL-63. Interest in Association. Every owner of a suite or lot governed by CC&Rs shall own as an appurtenance to such suite or lot, either: (1) an undivided interest in the common areas and facilities, or (2) a share in the corporation, or voting membership in an association owning the common areas and facilities. PL-64. Maintenance of Open Areas. All open areas and landscaping governed by CC&Rs shall be permanently maintained by the association or other means acceptable to the City. Such proof of this maintenance shall be submitted to the Planning Divisions and Public Works Department prior to the issuance of building permits. PL-65. Reciprocal Easements. Reciprocal access easements and maintenance agreements ensuring access to all parcels and joint maintenance of all roads, drives, parking areas, drainage facilities, and water quality features, shall be provided by the CC&Rs or by deeds and shall be recorded concurrent with the map or prior to the issuance of building permit where no map is involved. PL-66. Consent of City of Temecula. An Article must be added to every set of CC&Rs to read as follows: Article CONSENT OF CITY OF TEMECULA _1. The Conditions of Approval of Tentative Tract Map Number requires the City to review and approve the CC&Rs for the Parcel. 2. Declarant acknowledges that the City has reviewed these CC&Rs and that its review is limited to a determination of whether the proposed CC&Rs properly implement the requirements of the Conditions of Approval for the Parcel. The City's consent to these CC&Rs does not contain or imply any approval of the appropriateness or legality of the other provisions of the CC&Rs, including, without limitation, the use restrictions, private easements and encroachments, private maintenance requirements, architecture and landscape controls, assessment procedures, assessment enforcement, resolution of disputes or procedural matters. _3. In the event of a conflict between the Conditions of Approval of the land use entitlements issued by the City for the Parcel or Federal, State, or local laws, ordinances, and regulations and these CC&Rs, the provisions of the Conditions of Approval and Federal, State or local laws, ordinances, and regulations shall prevail, notwithstanding the language of the CC&Rs. _4. These CC&Rs shall not be terminated, amended or otherwise modified without the express written consent of the Director Community Development of the City of Temecula. PL-67. Consent of City of Temecula. An Article must be added to every set of CC&Rs, following the Declarant's signature, to read as follows: CONSENT OF CITY OF TEMECULA The Conditions of Approval for Tentative Tract Map No. require the City of Temecula to review and approve the CC&Rs for the Parcel. The City's review of these CC&Rs has been limited to a determination of whether the proposed CC&Rs properly implement the requirements of the Conditions of Approval for the Parcel. The City's consent to these CC&Rs does not contain or imply any approval of the appropriateness or legality of the other provisions of the CC&Rs, including, without limitation, the use restrictions, private easements and encroachments, private maintenance requirements, architecture and landscape controls, assessments, enforcement of assessments, resolutions of disputes or procedural matters. Subject to the limitations set forth herein, the City consents to the CC&Rs. Armando G. Villa Director Community Development Approved as to Form: Peter M. Thorson City Attorney PL-68. Operation of Association. No lot or suite in the development shall be sold unless a corporation, association, property owners group or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&Rs, which shall include compulsory membership of all owners of lots and/or suites and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&Rs shall permit enforcement by the City for provisions required as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. PL-69. Recordation of CC&Rs. CC&Rs shall be finalized and recorded at the time of Final Map Recordation. PL-70. Copies of CC&Rs. Three copies of the final recorded CC&Rs shall be provided to the Planning Division. PL-71. Public Access Easement. A public access easement shall be provided, on the final map, for the Class I trail located on the property. OUTSIDE AGENCIES PL-72. Compliance with Dept. of Environmental Health. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated August 1, 2012, and September 24, 2013, copies of which are attached. PL-73. Compliance with RCWD. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated July 26, 2012, a copy of which is attached. FIRE PREVENTION General Requirements F-1. Life Safety Conditions. 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. Fire Flow (Residential). The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all residential buildings per CFC Appendix B. The developer shall provide for this project, a water system capable of delivering 2,000 GPM at 20-PSI residual operating pressure for a 2-hour duration for single family dwellings The fire flow as given above has taken into account all information as provided (CFC Appendix B and Temecula City Ordinance 15.16.020). F-3. Fire Hydrants. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix C. Standard fire hydrants (6" x 4" 2 '/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 for single family dwellings 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. Water System. If the fire service system is going to be a public water system then this will need to be documented by the water agency and submitted to the fire department. If the fire service system is going to be private then a separate fire service underground permit will be required by the fire department. F-5. Construction Phasinq. If construction is phased, each phase shall provide approved access and fire protection prior to any building construction (CFC Chapter 5) Prior to Issuance of Grading Permit(s) F-6. Turning Radius (Culdesac). Maximum cul-de-sac length shall not exceed 1320 feet. Minimum outside turning radius on any cul-de-sac shall be 37-feet for single family dwelling. (CFC Chapter 5 along with the Temecula City Ordinance 15.16.020). F-7. All Weather Access Roads. Fire apparatus access roads and driveways shall be designed and maintained to support the imposed loads of fire apparatus and shall be with a surface to provide all-weather driving capabilities. Access roads shall be 80,000 lbs. GVW with a minimum of AC thickness of .25 feet. In accordance with Section 3310.1, prior to building construction, all locations where structures are to be built shall have fire apparatus access roads (CFC Chapter 5 and Temecula City Ordinance 15.16.020). F-8. Turning Radius (Dead End Roadway). Prior to building construction, dead end roadways and streets in excess of 150 feet which have not been completed shall have a turnaround capable of accommodating fire apparatus (CFC Chapter 5 and Temecula City Ordinance 15.16.020). F-9. Access Road Widths. Fire Department vehicle access roads shall have an unobstructed width of not less than 24 feet for residential track home roads with an unobstructed vertical clearance of not less than 13 feet 6 inches (CFC Chapter 5 and Temecula City Ordinance 15.16.020). Prior to Issuance of Building Permit(s) F-10. Two Point Access. This development, and any street within, serving more than 35 homes or any commercial developments, shall have two points of access, via all- weather surface roads, as approved by the Fire Prevention Bureau (CFC Chapter 5). F-11. Required Fire Systems (Residential Fire Sprinkler Systems). All Residential structures are now required per the California Residential Code, 2013 edition to be equipped throughout with an automatic fire sprinkler system. F-12. Required Submittals (Fire Underground Water). The developer shall furnish three copies of the water system plans to the Fire Prevention Bureau for approval prior to installation for all private water systems pertaining to the fire service loop for the underground water system. Plans shall be signed by a registered civil engineer, contain a Fire Prevention Bureau approval signature block, and conform to hydrant type, location, spacing and minimum fire flow standards. Hydraulic calculations will be required with the underground submittal to ensure fire flow requirements are being met for the on-site hydrants. The plans must be submitted and approved prior to building permit being issued (CFC Chapter 5 and Chapter 33). F-13. Required Submittals (Residential Fire Sprinkler Systems). Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. These plans must be submitted prior to the issuance of building permit. Prior to Issuance of Certificate of Occupancy F-14. Hydrant Markers. Hydrant locations shall be identified by the installation of reflective markers (blue dots) per Temecula City Ordinance 15.16.020). F-15. Knox Box. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department access shall be provided with the Knox Rapid entry system for emergency access by firefighting personnel (CFC Chapter 5). PUBLIC WORKS DEPARTMENT General Requirements PW-1. Conditions of Approval. The developer shall comply with all Conditions of Approval, the Engineering and Construction Manual and all City codes/standards at no cost to any governmental agency. PW-2. Subdivision Mao. The developer shall submit a complete Tentative/Final Map submittal for review and approval. Any omission to the representation of the site conditions may require the plans to be resubmitted for further review and revision. PW-3. Grading Permit. A grading permit for rough and/or precise grading shall be obtained from Public Works prior to commencement of any construction within private property. Grading shall be in accordance with the approved grading plan, grading permit conditions and City codes/standards. PW-4. Encroachment Permits. Prior to commencement of any applicable construction, encroachment permit(s) are required; and shall be obtained: a. From Public Works for public offsite improvements PW-5. Improvement Plans. The developer shall submit improvement plans (to include public/private street plans, storm drain plans, traffic signal plans, signage and striping plans, etc.) as required for review and approval by Public Works. The designs shall be in compliance with Caltrans, Riverside County Flood Control and Water Conservation District and City codes/standards. PW-6. Private Drainage Facilities. All onsite drainage and water quality facilities shall be privately maintained. PW-7. Parkway Landscaping. All parkway landscaping areas shall be privately maintained. PW-8. DG Multipurpose Trail. The multipurpose trail shall be privately maintained. Prior to Recordation of the Tract Map PW-9. Plans, Agreements & Securities. The developer shall have approved improvement plans, executed subdivision improvement agreements and posted securities. PW-10. Right-of-Way Dedications. All easements and/or right-of-way dedications shall be offered for dedication to the public or other appropriate agency and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by Public Works. PW-11. Environmental Constraint Sheet (ECS). The developer shall prepare and record an ECS with the Tract Map to delineate identified environmental concerns. The developer shall comply with all constraints per the recorded ECS along with any underlying maps related to the property. PW-12. Required Clearances. As deemed necessary by Public Works, the developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board; b. Army Corps of Engineers; c. California Department of Fish and Wildlife; d. Riverside County Flood Control and Water Conservation District; e. Rancho California Water District; f. Eastern Municipal Water District; g. Cable TV Franchise; h. Telephone Company; i. Southern California Edison Company; j. The Gas Company; k. Metropolitan Water District or other affected agencies. PW-13. Right of Access. Relinquish and waive right of access to and from Nicolas Road on the Tract Map with the exception of one opening as delineated on the approved Tentative Tract Map. PW-14. Right of Access. Relinquish and waive right of access to and from Via Lobo Road on the Tract Map with the exception of one opening as delineated on the approved Tentative Tract Map. PW-15. Easements. Note the following: a. Private easements for cross-lot drainage shall be delineated and noted on the Final Map. b. Easements (when required for roadway slopes, landscape, drainage facilities, utilities, etc.) shall be shown on the Tract Map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted for review and recorded, as directed by Public Works. Onsite 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." PW-16. Public Street Improvements and Securities. The developer shall design and guarantee construction (i.e., posting of security and entering into agreements) of the following public improvements to the City's General Plan standards unless otherwise noted. Plans shall be approved by Public Works. All street improvement designs shall provide adequate right-of-way and pavement transitions per Caltrans' standards to join existing street improvements. a. Improve Nicolas Road (Modified Principal Arterial 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, seven (7) foot wide planter area, five (5) food wide sidewalk, streetlights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) and raised landscaped median. b. The Developer shall install or provide a cash in-lieu for half-width raised landscape median improvements on Nicolas Road from Via Lobo to the easterly property boundary. Plans shall be reviewed and approved by the Department of Public Works. c. Improve Via Lobo Road from Nicolas Road to Station 90+52 to include a 44-foot wide dedication of the easterly half-width street right-of-way, installation of a twenty (20) foot wide half-width street improvements to include paving, curb and gutter; six (6) foot wide sidewalk, twelve (12) foot wide planter area, six (6) foot wide D.G. multipurpose trail, streetlights, drainage facilities, signing and striping and utilities (including but not limited to water and sewer). d. Improve Via Lobo Road from Station 90 + 52 to Station 89 + 76 to include a 44- foot wide dedication of the easterly half-width street right-of-way, installation of a twenty (20) foot wide half-width street improvements to include paving, curb and gutter; six (6) foot wide sidewalk, twelve (12) foot wide planter area, six (6)foot wide D.G. multipurpose trail, streetlights, drainage facilities, signing and striping and utilities (including but not limited to water and sewer). PW-17. Private Roads. 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 "A", "B", "D", "E", and "C" Street east of "E" Street (Private Street - 41' R/E) to include installation of full-width street improvements and sidewalk as shown on the Tentative Tract Map. b. Improve "C" Street west of "E" Street (Private Street - 37' R/E) to include installation of full-width street improvements and sidewalk, as shown on the Tentative Tract Map. c. Improve "C" Street at the main entry (Private Street — 81.5' R/E) to include installation of full-width street improvements and sidewalk as shown on the Tentative Tract Map. PW-18. Undergrounding Wires. All existing and proposed electrical and telecommunication lines, except electrical lines rated 34KV or greater, shall be installed underground per Title 15, Chapter 15.04 of the Temecula Municipal Code and utility provider's standards. The developer is responsible for any associated costs, for making arrangements with each utility agency and for obtaining the necessary easements. PW-19. Undergrounding Utility Systems. All utility systems including gas, electric, telephone, water, sewer and cable TV shall be provided underground (with the required easements); and shall be designed and constructed in accordance with City codes and utility provider's standards. Telephone, cable TV and/or security systems shall be pre-wired in the residence. The developer shall notify the City's cable TV franchisees of the Intent to Develop. Conduit shall be installed to cable TV standards at time of street improvements. PW-20. Acquisition of Ofisite Property. The developer shall make a good faith effort to acquire required offsite property interests, and if he or she should fail to do so, the developer shall, prior to submittal of the Tract Map for recordation, enter into an agreement to complete the improvements pursuant to Subdivision Map Act, Sections 66462 and 66462.5. The agreement shall provide for payment by the developer of all costs incurred by the City to acquire the offsite property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the developer (at developer's cost). The appraiser shall be approved by the City prior to commencement of the appraisal. PW-21. Assessments. 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. The developer shall submit an application for reapportionment of any assessments with the appropriate regulatory agency. PW-22. Property Taxes. Any delinquent property taxes shall be paid. PW-23. Election Proceeding. The developer shall file a notice of intention with the Finance Department to initiate election proceedings for acceptance of street lighting into the appropriate maintenance program (Service Level B). All cost associated with this process shall be borne by the developer. PW-24. Parcel Geometry. The applicant shall submit an editable projected digital version of the parcel geometry in a drawing exchange format (pursuant to Riverside County standards). Prior to final approval, the City's GIS Division shall conduct quality control on the data to verify accuracy and compatibility. Prior to Issuance of Grading Permit(s) PW-25. Required Clearances. As deemed necessary by Public Works, the developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board; b. Army Corps of Engineers; c. California Department of Fish and Wildlife; d. Riverside County Flood Control and Water Conservation District, or other affected agencies. PW-26. Grading/Erosion & Sediment Control Plan. The developer shall submit a grading/erosion & sediment control plan(s) to be reviewed and approved by Public Works. All plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. The approved plan shall include all final WQMP water quality facilities and all construction-phase pollution-prevention controls to adequately address non-permitted runoff. Refer to the City's Engineering & Construction Manual at: http://www.cityoftemecu la.org[Temecu la/Government/Pu bl!cW orks/eng ineeri ngconst manual.htm PW-27. Erosion & Sediment Control Securities. The developer shall comply with the provisions of Chapter 24, Section 18.24.140 of the Temecula Municipal Code by posting security and entering into an agreement to guarantee the erosion & sediment control improvements. PW-28. NPDES General Permit Compliance. The developer shall obtain project coverage under the State National Pollutant Discharge Elimination System (NPDES) General Permit for Construction Activities and shall provide the following: a. A copy of the Waste Discharge Identification number (WDID) issued by the State Water Resources Control Board (SWRCB); b. The project's Risk Level (RL) determination number; and c. The name, contact information and certification number of the Qualified SWPPP Developer(QSD). Pursuant to the State Water Resources Control Board (SWRCB) requirements and City's storm water ordinance, a Storm Water Pollution Prevention Plan (SWPPP) shall be generated and submitted to the Board. Throughout the project duration, the SWPPP shall be routinely updated and readily available (onsite) to the State and City. Review www.cabmphandbooks.com for SWPPP guidelines. Refer to the following link. http://www.waterboa rds.ca.gov/water_issues/prog ram s/stormwater/construction.sht ml PW-29. Water Quality Management Plan (WQMP) and O&M Agreement. The developer shall submit a final WQMP (prepared by a registered professional engineer) with the initial grading plan submittal, based on the conceptual WQMP from the entitlement process. It must receive acceptance by Public Works. A copy of the final project- specific WQMP must be kept onsite at all times. In addition, a completed WQMP Operation and Maintenance (O&M) Agreement shall be submitted for review and approval. Refer to the WQMP template and agreement link below: http://www.cityoftemecula.org/Temecula/Government/PublicWorks/WQMPandNPDE S/WQMP.htm PW-30. Area Drainage Plan (ADP) Fee to RCFC&WCD. The developer shall demonstrate to the City that the flood mitigation charge (ADP fee) has been paid to RCFC&WCD. If the full ADP fee has already been credited to this property, no new charge will be required. PW-31. Drainage Study. A drainage study shall be prepared by a registered civil engineer and submitted to Public Works with the initial grading plan check in accordance with City, Riverside County and engineering standards. The study shall identify storm water runoff quantities (to mitigate the 100-year storm event) from the development of this site and upstream of the site. It shall identify all existing or proposed offsite or onsite, public or private, drainage facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate outfall capable of receiving the storm water runoff without damage to public or private property. The study shall include a capacity analysis verifying the adequacy of all facilities. Any upgrading or upsizing of drainage facilities necessary to convey the storm water runoff shall be provided as part of development of this project. PW-32. Soils Report. A soils report, prepared by a registered soil or civil engineer, shall be submitted to Public Works with the initial grading plan submittal. The report shall address the site's soil conditions and provide recommendations for the construction of engineered structures and preliminary pavement sections. PW-33. Letter of Permission/Easement. The developer shall obtain documents (letters of permission or easements) for any offsite work performed on adjoining properties. The document's format is as directed by, and shall be submitted to, Public Works for acceptance. The document information shall be noted on the approved grading plan. PW-34. Habitat Conservation Fee. The developer shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in the ordinance or by providing documented evidence that the fees have already been paid. Prior to Issuance of Building Permit(s) PW-35. Final Map. Prior to issuance of the first building permit, Tract Map No. 36479 shall be approved and recorded. PW-36. Traffic Mitigation. Prior to the issuance of the first building permit, the Developer shall provide a right-turn overlap phasing at the northbound and westbound approaches of Winchester Road and Nicolas Road as established in Table B - Cost Estimate Summary identified in the Arbor Vista Residential — Final Summary of Impacts and Mitigation Measures dated May 13, 2014. PW-37. Traffic Mitigation. Prior to the issuance of the 40th building permit, the Developer shall pay the amount established in Table B - Cost Estimate Summary identified in the Arbor Vista Residential — Final Summary of Impacts and Mitigation Measures dated May 13, 2014. PW-38. Street Lights. The developer shall submit a completed SCE street light application, an approved SCE Streetlight Plan and pay the advanced energy fees. If not obtaining a building permit, this shall be done prior to installation of additional street lighting. All costs associated with the relocation of any existing street lights shall be paid by the developer. PW-39. Precise Grading Plan. A precise grading plan shall be submitted to Public Works for review and approval. The plan shall be in substantial conformance with the approved rough grading plan; and shall show all lot drainage directed to the driveway by side yard drainage swales independent of any other lot. The building pad shall be certified by a registered civil engineer for location and elevation; and the soils engineer shall issue a final soils report addressing compaction and site conditions. Prior to Issuance of Certificate of Occupancy PW-40. Completion of Improvements. The developer shall complete all work per the approved plans and Conditions of Approval to the satisfaction of the City Engineer. This includes all onsite work (including water quality facilities), public improvements and the executed WQMP Operation and Maintenance agreement. PW-41. Utility Agency Clearances. The developer shall receive written clearance from applicable utility agencies (i.e., Rancho California and Eastern Municipal Water Districts, etc.) for the completion of their respective facilities and provide to Public Works. PW-42. Replacement of Damaged Improvements/Monuments. Any appurtenance damaged or broken during development shall be repaired or removed and replaced to the satisfaction of Public Works. Any survey monuments damaged or destroyed shall be reset per City Standards by a qualified professional pursuant to the California Business and Professional Code Section 8771. PW-43. Certifications. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by Public Works. e1VER51DE COUNTY COMMUNITI. SALTH AGENCY AA DEPARTMENT OF ENVIRONMENTAL HEALTH RECEIVED August 1,2012 AUG 16 2012 City of Temecula Planning Department Attn:Matthew Peters P.O. Box 9033 Temecula,CA 92589-9033 SUBJECT: CITY OF TEMECULA—PLANNING APPLICATION (PA)#12-0133& PA#12-0134-TENTATIVE TRACT MAP 36479 (APN#919-350-017,018,019, 120) Dear Mr. Peters: The project(s)listed in the subject heading of this letter is proposing to subdivide 73 acres into 73 single family cluster lots with a minimrnn lot size of 6,500 square feet.Approximately 55%of the site will be preserved as permanent open space to preserve the existing drainage on-site. A public park and a private park are proposed along with water quality retention basins. In accordance with the agreement between the County of Riverside, Department of Environmental Health(DEH)and the City of Temecula,DEH offers the following comments for the proposed project: POTABLE WATER SERVICE AND SANITARY SEWER SERVICE: A General Condition shall be placed on this project indicating the proposal for Rancho California - Water District(RCWD)potable water service and Eastern Municipal Water District(EMWD)sanitary sewer service.Per Memorandum of Understanding between the County of Riverside and EMWD,no "will-serve"letters are required for projects located in their service area.Therefore,a"will-serve" letter shall not be required from EMWD for sanitary sewer service. However, a"will-serve"letter for potable water service shall be required from RCWD prior to Planning Department approval of this project. It is the responsibility of the developer to ensure that all requirements to obtain potable water service and sanitary sewer service are met with the appropriate purveyors,as well as, all other applicable agencies. RETENTION BASINS A General Condition shall be placed on this project indicating that any proposed retention basins shall be constructed and maintained in a manner that prevents vector breeding and vector nuisances. I Matthew Peters,Project Plann:: City of Temecula,Planning Department August 1,2012 REMOVAUABANDONMENT OF ANY EXISTING OWTS AND WELLS: Prior to the issuance of a grading permit,the developer shall be required to properly remove or abandon under permit with DEH,all existing onsite wastewater treatment systems(OWTS)and water wells.A grading plan showing the location of all existing OWTS and wells to be removed or abandoned shall be submitted to DEH for review and approval. DEH fees shall apply. If there are no existing OWTS and/or wells to be removed or abandoned,the developer shall submit a written statement to this Department for review and consideration. INDUSTRIAL HYGIENE Written clearance from the County of Riverside, Industrial Hygiene shall be required. Please note that a noise study may be required along with applicable review fees. For further information,please contact Industrial Hygiene at(951)955-8982. ENVIRONMENTAL ASSESSMENT—PHASE I/PHASE II An Environmental Assessment(EA)Phase I study shall be required prior to Planning Department approval of this project.Please submit an EA Phase I study and applicable review fees to DEH Environmental Cleanups Program(ECP). For further information,please contact ECP at(951) 955- 8982. Phase I Environmental Assessment—The intent of a Phase I Assessment is to determine if any chemicals or pesticides were used on the property, the location of use, and any possible lingering negative effects.This condition requires the applicant to compile sufficient information about the property and land uses to aid the Department in making a determination of whether additional investigation is needed. If concerns are identified in this report, a Phase H Assessment shall be required. Phase II Environmental Assessment—The intent of a Phase II Assessment is to further investigate concerns identified during the Phase I Assessment.This Phase II Assessment could ascertain if levels of hazardous or toxic substances remain in the soil.The Phase II Assessment would be waived if the Phase I Assessment indicated a low level of concern for any hazardous or toxic substances. Please note that the Environmental Assessment process serves to protect public health and welfare by lessening the change of hazardous or toxic substances remaining on the property and interfering with safe land use. I Environmental Resources Management Division•Land Usa✓Water Engineering Program 0080 Lemon St.,a Ftoor,Riverside,CA 92501•(951)95&8982•FAX(951)781-9653 366M El Cerrito Rd.,Patin Desert,CA 92211•(760)393.3390•FAX(780)863-7013 Matthew Peters, Project Plann�_ City of Temecula,Planning Department August 1,2012 Should you have any questions regarding this letter,please contact me at(951)955-8980. r ly, Mich Mistica,MBA, REHS County of Riverside, Department of Environmental Health Environmental Protection and Oversight Division I Env#w 40M LenopnR ffw Roar• .nCA 92601•(95�55.MI2 t AX 95�711-MW 386a6 El CerNlo Rd..Palm Desert,CA 92211•(760)3933390•FAX(760)803.7013 RIVERSIDE COUNTY COMMUNIT T_ALTH AGENCY DEPARTMENT OF ENVIRONMENTAL HEALTH August 1, 2012 City of Temecula Planning Department Attn:Matthew Peters P.O.Box 9033 Temecula,CA 92589-9033 SUBJECT: CITY OF TEMECULA—PLANNING APPLICATION(PA)#12-0131 & PA#12-0132—GENERAL PLAN AMENDMENT AND ZONE CHANGE (APN#919-350-017,018,019,120) Dear Mr. Peters: In accordance with the agreement between the County of Riverside,Department of Environmental Health(DEH)and the City of Temecula,DEH has reviewed the planning case(s) referenced in the subject heading of this letter and has no objections. Please be advised that DEH reserves the right to regulate in accordance with County Ordinances should further information indicate the requirements. If you have any questions regarding this letter please contact me at(951)955-8980. S' chael Mistica MBA REHS County of Riverside,Department of Environmental Health Environmental Protection and Oversight Division COUNTY OF RIVERSID. . /AtJkDEPARj.'MENT OF ENVIRONMENTAL HEALTH Steve Van Stockum, Director September 24,2013 City of Temecula .° . Planning Department C,r v� . Attn: Eric]ones,Project Planner =F i �'f yY o ,rr" •` P.O. Box 9033 v Temecula,CA 92589 i SUBJECT: PA#12-0133—ARBOR VISTA TENTATIVE TRACT MAP 36749 SECOND SUBMITTAL (APNs#919-350-017,018, 019, 120) Dear Mr.!ones: In accordance with the agreement between the County of Riverside, Department of Environmental Health(DEH)and the City of Temecula, DEH has completed its review of the second submittal of planning case PA#12-0133. Based on the information provided,the planning application is seeking to obtain approval of a Tentative Tract Map(No. 36479)to subdivide 73 acres into 83 single-family cluster lots.This project is located at the southeast comer of Nicolas and Via Lobo Roads in Temecula,CA. Please note that the project's initial comments mentioned in the DEH letter dated August 1,2012 remains applicable. Should you have any questions regarding this letter,please contact me by phone at (951)955-8980. Sin t ichael Mistica,MBA,REHS Environmental Protection and Oversight Division Land Use and Water Resources Program Office Locations • Blythe • Corona • Hemet • Indio • Murrieta • Palm Springs • Riverside Phone: (888)722-4234 www.rivcoeli.org COUNTY OF RIVERSID- DEPAR i MENT OF ENVIRONMENTAL HEALTH 298&� Steve Van Stockum, Director September 24,2013 City of Temecula Planning Department Attn: Eric Jones,Project Planner P.O.Box 9033 C"J Temecula,CA 92589 SUBJECT: SECOND SUBMITTAL—ARBOR VISTA-RPR,CZ,& GPA PA#12-0131, PA#12-0132,& PA#12-0134 (APNs#919-350-017,018,019, 120) Dear Mr. Jones: In accordance with the agreement between the County of Riverside, Department of Environmental Health (DEH) and the City of Temecula, DEH has completed its review of the second submittal of the planning cases listed in the subject heading of this letter and has no objections. Please be advised that DEH reserves the right to regulate in accordance with County Ordinances should further information indicate the requirements. Should you have any questions regarding this letter,please contact me at(951)955-8980. Si Y, 1chae]Mistica,MBA, REHS Environmental Protection and Oversight Division Land Use and Water Resources Program I Office Locations • Blythe • Corona• Hemet• Indio • Murrieta • Palm Springs • Riverside Phone: (888)722-4234 www.rivcoeh.org r July 26,2012 Rub Matthew Peters RUC j) City of Temecula BY. Z�)1 41000 Main Street Post Office Box 9033 Board.f Dineen Temecula,CA 92589-9033 John R.Hoagland preud..t SUBJECT: WATER AVAILABILITY Be.R.Drake Sr vlre Rvident ARBOR VISTA (TENTATIVE TRACT/PARCEL MAP 91.,he.J.Co. NO. 36479); PARCEL NOS. I THROUGH 4 TOGETHER l.ia.D.B«tna. WITH LETTERED LOTS B THROUGH H INCLUSIVE, willinn R Placentae AS SHOWN BY PARCEL MAP NO. 9783, ON FILE IN Roland C.Skanawita BOOK 54, PAGE 45; APNS 919-350-017, 919-350-018, 919- Junea"Snw"Stew.rt 350-019,AND 919-350-020 (REGENT NICOLAS 731 Dfgaer. Dear Mr. Peters: Matthew G.St.. Groenl Mnnerr, Please be advised that the above-referenced project/property is located within Richard S.Witilareae,Pal a,aktant General 5t.nae.r the service boundaries of Rancho California Water District (RCWD/District). J.Rny D.Ance"nE The subject project/property fronts an existing 12-inch diameter water pipeline CN.f Financial OfTeor"...re, (1380 Pressure Zone) and 54-inch diameter pipeline (1305 Pressure Zone) N.Craig ElithaM P.e Die ,ofOpa.[ioruA within Nicolas Road. Memunnnre Uiremt.Loa.k Water service to the subjectproject/propertydoes not exist. Additions or Pe"y B.L ..k J Andrew L weh.ter,P.& modifications to water service arrangements are subject to the Rules and CAkr&gmear Regulations (governing) Water System Facilities and Service, as well as the Ea111 ct Garcia Ois[,i<t Secretan completion of financial arrangements between RCWD and the property owner. J...a Gilpin Beat Bea[k R,wger I.I.P Grncralc.anaai Water service to individual lots will require the extension of water facilities within dedicated public and/or private right-of-ways. Individual water meters will be required for each lot and/or project unit, including separate water meters for landscape irrigation,as applicable. Water availability is contingent upon the property owner(s) signing an Agency Agreement that assigns water management rights, if any, to RCWD. In addition, water availability is contingent upon the timing of the subject project/property development relative to water supply shortage contingency measures(pursuant to RCWDDIs Water Shortage Contingency Plan or other applicable ordinances), and/or the adoption of a required Water Supply Assessment,as determined by the Lead Agency. 125PD:hah0031F4505FEG Ilaneko C.Rtorni.W'a[er Diel,, t 42135 Winchester RWA-Poet 01(ice Ban%ly•T`aaerul n .F. idarnia 689 W 11.1951)2%69W-FAX(961)29&6MO Matthew Peters/City of Temecma July 26,2012 Page Two There is no recycled water currently available within the limits established by Resolution 2007- 10-5. Should recycled water become available in the future, the project/property may be required to retrofit its facilities to make use of this availability in accordance with Resolution 2007-10-5. Recycled water service, therefore, would be available upon construction of any required on-site and/or off-site recycled water facilities and the completion of financial arrangements between RCWD and the property owner. Requirements for the use of recycled water are available from RCWD. As soon as feasible, the project proponent should contact RCWD for a determination of existing water system capability, based upon project-specific demands and/or fire flow requirements, as well as a determination of proposed water facilities configuration. If new facilities are required for service, fire protection, or other purposes,the project proponent should contact RCWD for an assessment of project-specific fees and requirements. Please note that separate water meters will be required for all landscape irrigation. Sewer service to the subject project/property, if available, would be provided by Eastern Municipal Water District. If no sewer service is currently available to the subject project/property, all proposed waste discharge systems must comply with the State Water Resources Control Board and/or the basin plan objectives and the permit conditions issued by the appropriate Regional Water Quality Control Board. If you should have any questions or need additional information, please contact an Engineering Services Representative at the District office at(951)296-6900. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Phillip Dauben Assistant Engineer cc: Corey Wallace,Engineering Manager-Design Warren Back Engineering Manager-Planning Heath McMahon,Construction Contracts Manager Corry Smith,Engineering Services Supervisor 1 121PD:ha60031F430TW Rancho California Water District 42195 W'i.hrsmr Rmd-Pu11 Od¢e Rm 9U1 t•Tamavla,Cilirnrnie 935?!1-11U!p'i!151)29tl 6'NIU' FA%(3iq 3x,L�hU v.v,ranch�warrrom