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HomeMy WebLinkAboutResolution - 3309 STATE OF CALIFORNIA ) RESOLUTION NO. 3309 COUNTY OF RIVERSIDE )ss CITY OF SAN JACINTO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 36188, A SUBDIVISION WITHIN THE VILLAGES OF SAN JACINTO SPECIFIC PLAN CONSISTING OF 1322 SINGLE FAMILY RESIDENTIAL LOTS, 1 HIGH SCHOOL LOT, 1 COMMERCIAL LOT, 1 MIXED USE LOT, 6 PASEOS / PRIVATE RECREATION FACILITIES LOTS, 6 PARK FACILITIES LOTS, AND 4 DRAINAGE FACILITIES LOTS, LOCATED GENERALLY WEST OF SANDERSON AVENUE, SOUTH OF RAMONA BOULEVARD, EAST OF ODELL AVENUE, AND NORTH OF THE EMWD WASTEWATER RECLAMATION FACILITY. (PC Resolution 09-21) WHEREAS, D.R. Horton filed an application on May 22, 2009("Application"), for Tentative Tract Map No. 36188 that was amended several times until December 2009, for a Specific Plan known as The Villages of San Jacinto Specific Plan on 475.11 acres located generally west of Sanderson Avenue, south of Ramona Boulevard, east of Odell Avenue, and north of the EMW D water reclamation facility and more particularly described in Exhibit "A" ("Subject Site"); and WHEREAS, the map includes parcels that will accommodate 1322 single family residential lots, 1 school lot, 1 commercial lot, 1 mixed use lot, 6 paseos / private recreation facilities lots, 4 drainage facilities lots, and 6 park facilities lots; and WHEREAS, the property affected by the Application is located within the following zoning districts: R-1, R-2 (PUD), R-3, and C-2 Zoning Districts and is subject to a zone change to SP (Specific Plan); and WHEREAS, the Application was reviewed, studied, and found to comply with the California Environmental Quality Act ("CEQA") as more fully described below; WHEREAS, on November 12 and December 16, 2009 the Planning Commission of the City of San Jacinto ("Planning Commission") conducted duly noticed public hearings on the Application at which time all persons wishing to testify in connection with the Application were heard and the Application was comprehensively reviewed; and Page 1 of 30 WHEREAS, on February 4, 2010, the City Council conducted a duly noticed public hearing on the Application at which time all persons wishing to testify in connection with the Application were heard and the Application was comprehensively reviewed; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED, ordered, and determined by the City Council of the City of San Jacinto: SECTION 1. Based on the entire record before the City Council, all written and oral evidence presented to the City Council, and the findings set forth in this Resolution, the City Council hereby approves Tentative Tract Map No. 36188 as depicted in the attached Exhibit"B1" and "132", as applicable, subject to the conditions of approval in the attached Exhibit "C'. SECTION 2. Based on the entire record before the City Council, and all written and oral evidence presented to the City Council, and the findings set forth in this Resolution, the City Council finds the subdivision and improvements proposed in Tentative Tract No. 36188, dated December 2009, help the City of San Jacinto meet its regional housing needs because it: 1. Attains decent housing within a satisfying living environment for households of a broad of socio-economic, racial, age, and ethnic groups in San Jacinto. 2. Provides a variety of housing opportunities by type, tenure, and cost to households. 3. The proposed development offers a balanced residential development with access to employment opportunities, community facilities, and adequate services. SECTION 3. Pursuant to California Government Code Section 66410 et sere ., based on the entire record before the City Council and all written and oral evidence presented to the Council, the City Council finds as follows: A. The proposed subdivision is designed, to the extent feasible, to provide for passive or natural heating or cooling opportunities because the majority of lots are designed with north to south orientations and all residential units will be subject to architectural design review that will include review of provisions to include passive or natural heating or cooling opportunities. B. The proposed subdivision and the provisions for its design and improvement are consistent with the general plan for the City of San Jacinto ("General Plan"), and the applicable specific plan, otherwise known as The Villages of San Jacinto Page 2 of 30 Specific Plan ("Specific Plan"), because: 1. Tentative Tract Map No. 36188, dated December 2009, provides for land uses compatible with the Low Density Residential(LDR), Medium Density Residential (MDR), Open Space (OS), and Community Commercial (CC) land use classifications for the Subject Site in the General Plan, and the provisions for design and improvements promote the goals and objectives of the General Plan for the following reasons: a. The proposed project offers housing opportunities by type, tenure, and cost of housing. b. The proposed project implements a significant improvement to surface drainage in the area by the on-site construction of Line `V' and Basin 'V' of the Area Drainage Plan, that maintain surface water flows at or below existing undeveloped rates. C. The proposed project offers a rich and diverse amenity program that includes a lake, public parks, paseos, and a private recreation center. d. The proposed project includes a lot to be developed as public High School facility. e. The proposed project incorporates strong design guidelines to assure high quality development throughout the project area. f. The proposed project provides employment opportunities by including retail and mixed use commercial uses that will serve the area. 2. Tentative Tract Map No. 36188, dated December 2009, provides for land uses compatible with the Low Density Residential(LDR), Medium Density Residential (MDR), Open Space (OS), and Community Commercial (CC) land use classifications for the Subject Site in the Specific Plan, and the provisions for design and improvements comply with the implementation policies and objectives of the Specific Plan for the following reasons: The project is conditioned for a comprehensive level of public improvements to serve the proposed development and the general area. C. The Subject Site is physically suitable for the type and density of development proposed in Tentative Tract Map No. 36188, dated December 2009, because infrastructure services are readily available to support the proposed development and constraints relating to seismicity and drainage, have been mitigated to a level of insignificance and the benefits derived from the proposed project override significant impacts upon the environment relating to the loss of agriculture, air quality, and cumulative traffic conditions. D. The subdivision design and improvements proposed in Tentative Tract Map No. 36188, dated December 2009, are not likely to cause substantial environmental damage nor substantially injure fish or wildlife or their habitat because: Page 3 of 30 NO DEVELOPMENT WILL OCCUR IN ANY SIGNIFICANT HABITAT OF A RARE OR ENDANGERED SPECIES OF PLANT, ANIMAL, OR INSECT, OR ANY FRAGILE OR UNIQUE BIOTIC COMMUNITY. E. The subdivision design and type of improvements proposed in the Tentative Tract Map No. 36188, dated December 2009, are not likely to cause serious public health problems because all development and public improvements will be performed per the requirements of all applicable standards and codes, including the zoning and building codes. F. The subdivision design and type of improvements proposed in Tentative Tract Map No. 36188, dated December 2009, will not conflict with easements acquired by the public at large for access through or use of the Subject Site because easements have been reserved through subdivision design, converted to public dedications, or easement relocation. G. The discharge of waste into an existing sewer system from development proposed in Tentative Tract Map No. 36188, dated December 2009, will not cause a violation of existing requirements prescribed by the local water quality control board because all dwellings are required to obtain connection permits before occupancy. SECTION 4. Based on the entire record before the City Council and all written and oral evidence presented to the Council, the City Council finds the nature and extent of the dedications, reservations, impact fees, and other exactions are reasonably related to public needs as set forth in the Development Agreement for Villages of San Jacinto Specific Plan. SECTION 5. Based on the entire record before the City Council and all written and oral evidence presented, the City Council finds proposed Tentative Tract Map No. 36188, dated December 2009, complies with CEQA for the following reasons: The City Council hereby finds that a thorough environmental analysis of the Villages of San Jacinto Specific Plan, including consideration of Tentative Tract Map No. 36188, has been completed through the preparation and recirculation of an EIR, the receipt of comments on that EIR, and the preparation of written responses to those comment letters. That EIR is being considered by the City Council through a separate resolution. The analysis completed through that EIR process identified several potentially significant impacts that could not be mitigated to a level of less than significant, even with the imposition of all feasible mitigation measures and all feasible changes in the project design. Accordingly, the City Council Page 4 of 30 will be required to certify the EIR, make written findings, adopt a statement of overriding considerations, and adopt a Mitigation Monitoring and Reporting Program before adopting this Resolution. SECTION 6. The location and custodian of the documents and any other material which constitute the record of proceedings upon which the City Council based its decision is as follows: Planning Director, City of San Jacinto Planning Department, 595 S. San Jacinto Avenue, San Jacinto, CA 92583. (951) 487-7330. SECTION 7. Effective Date. This Resolution shall become effective upon its adoption. PASSED, APPROVED and ADOPTED at a regular meeting of the City Council on the 4t' Day of February, 2010 by the following vote: Ayes: Ayres, Di Memmo, Mansperger, Potts Nays: None Absent: Stubblefield Abstain: None City of San Jacinto Steve Di Memmo, Vice Mayor ATTEST: Richard Miller, Interim City Clerk Page 5 of 30 EXHIBIT `A' LEGAL DESCRIPTION OF SUBJECT SITE All that real property located in the unincorporated territory of the County of Riverside, State of California, described as follows: Parcel A: Parcel 2 as shown on Record of Survey, on file in Book 37, Page 24 of Records of Survey, Records of Riverside County, California, except the easterly 50 feet. Parcel B. Parcel 1 in the County of Riverside, State of California, as per map filed in Book 37, Page 24 of Record of Surveys, in the Office of the County Recorder of Riverside County; except the east 50 feet in Sanderson Avenue. Parcel C. Parcel 1 in the County of Riverside, State of California, as per map filed in Book 35, Page 62, Record of Surveys, in the Office of the County Recorder of said County. Except the most easterly 50 feet in Sanderson Avenue. Parcel D: Farm Lot 127 of the Lands of the San Jacinto Land Association, in the County of Riverside, State of California, as per Map recorded in Book 8, Page 357 of Maps, in the Office of the County Recorder of San Diego Co. Except that portion described as follows: beginning on the northwest comer of Lot 17 of Graham's Hemet Subdivision as shown by map recorded in Book 9, Page 27 of Maps, in the Office of the County Recorder of Said Riverside County: thence on the n'ly line ofsaid Lot 17 and the north line of Lot 18 ofsaid Graham's Hemet Subdivision South 88 degrees, 57,02"East, 2340.35 feet to a 3"X 3"wood post shown on Record of Survey Map filed in Book 19, Pa e 28 of Record of Surveys ofsaid Riverside County; thence on the easterly boundary o said Record of Survey North 00 degrees, 17', 36"west, 3722.41 feet to a point hereinafter referred to as Point "A", thence parallel with said northerly line of Lots 17 and 18 north 8812 75 7'02"west, 2311.78 feet to the westerly line ofsaid Farm Lot 127, thence on the westerly line ofsaid Farm Lots 127 and 135 and the westerly line of Tract=1I o Rancho San Jacinto Viejo, south 00 degrees, 18',55" east, 3 722.45 feet to the Point o Beginning. Also except that portion lying within Parcel 1 of Record of Survey as shown by map on file in Book 35, Page 62 of Records of Survey, Records of Riverside, County, California. Also except that portion lying within Parcel 1 of Record of Survey as shown by map on file in Book 37, Page 24 of Records of Survey, Records of Riverside County, California. Page 6 of 30 EXHIBIT `B1' Alternative with High School Site NOT A FUTURE TRAC 1806 BY OTH r m m r r r r NOT A P VACAN D i 9 P HIGH SCHOOL ALTERNATIVE Page 7 of 30 Exhibit `132' Alternative without High School Site TENTATIVE TRACT MAP Na 3eM8 C"of SM uvclrta co oFY RNMMM erATE OF CALFOFM oeoaMM 2MI u iL �'tl r =tut n t A.u.`_n lE. Y' . F. KM�� tiw 11 1 171, ct_f, = 1 - 3�-_ —• -----------J—J MOM m'^ ar MIF._ VR as PRE —•—_:-s— ■ mms r�i r'�a W! WMIC W TENTATIVE TRACT NO. 36188 ® CITY a wi NTO arffaau MEN .5 A J Page 8 of 30 EXHIBIT `C' COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION CONDITIONS OF APPROVAL TENTATIVE TRACT 36188 Date of Preparation: 12-9-09 (Revised by Planning Commission 12-16-09) Applicant: DR Horton Location: West of Sanderson Avenue, South of Ramona Boulevard, East of Odell, North of EMWD Regional Treatment Plant General Requirements: 1. The proposal to subdivide 475.11 acres into 1322 single-family residential lots, 1 retail commercial lot, 1 mixed use lot, 6 public park facilities lots,4 drainage facilities lots, and 4 private recreation facilities lots shall comply with the State of California Subdivision Map Act and to all the requirements of the Subdivision and Zoning Ordinance. 2. Tentative Tract 36188, dated December 2009 shall comply with the development standards of the Villages of San Jacinto Specific Plan (S-P) zoning district. 3. This conditionally approved tentative map will expire 2 years after the City Council's approval, unless an extension is requested and approved per Section 16.12.150 of the San Jacinto Municipal Code, or as defined through an associated Development Agreement. In addition to these Planning conditions of approval, this project is also subject to the conditions of the City Engineer dated December 16, 2009, Fire Department dated September 30, 2009, Police Department dated September 29, 2009. (Revised by the Planning Commission on December 16, 2009) 4. This project shall conform to either the park dedication or in-lieu fee measures of the City's Subdivision Ordinance for recreational facilities intended as public facilities. The applicant shall indemnify, hold harmless, and defend the City, its officers, agents and employees, from any and all liability or claims that may be brought Page 9 of 30 against the City arising out of this tentative map approval, save and except that caused by City's active negligence. 6. There shall be a Master Developer entity in place at all times during the build out of the project, but there shall be no more than one Master Developer entity at any one time. The Master Developer or the Master Developer's successor-in-interest shall be responsible for maintaining any undeveloped portion of the site, including weed abatement. 7. The site shall be watered on an ongoing basis to control dust during construction and grading. Also, there will be regular street sweeping and cleanup of adjacent streets to minimize the amount of dust put into the air from motor vehicle travel. Mud and dirt shall be removed from construction equipment and vehicles prior to leaving the site to ensure that they do not spread dirt into the street. 8. Construction and grading activities shall be limited to the hours between 7:00 a.m. and 7:00 p.m., Monday through Saturday, except on legal holidays when construction and grading shall also be prohibited. All construction equipment shall be properly muffled, and/or surrounded by noise attenuating barriers. 9. The applicant/developer shall comply with all Mitigation Measures as set forth within the associated Mitigation Monitoring Program. 10. The applicant/developer shall name the City of San Jacinto as the owner and maintenance operator of any sewer collection system within the subdivision, and Eastern Municipal Water District as the owner and maintenance operator of backbone sewage collection facilities. State Fish & Game Fee 11. Upon City Council approval, the applicant shall submit a check to the City, payable to Riverside County, in the amount of $2,832.25 for payment of State Fish and Game fees and County documentary handling fee in conjunction with the filing of a Notice of Determination. In accordance with Section 711.4 of the State Fish and Game Code, no project shall be operative, vested, or final until the filing fees have been paid. Prior to Submittal of the Final Map: 12. A Final Specific Plan document shall be submitted to the Planning Department for review and approval that incorporates changes set forth under these conditions of approval and additional modifications required, if any, by the Planning Commission and City Council. Page 10 of 30 Prior to Recordation of the Final Map: 13. Tentative Tract 36188 shall establish or be incorporated into Landscape, Lighting and Park District No. 2. 14. Prior to recordation of the first final subdivision map for the Property, the developer/applicant shall prepare CC&R's, to be recorded against the Property,for City review and approval. The CC&Rs shall be in a form and contain provisions satisfactory to City. The CC&R's shall ensure reciprocal parking and access between commercial parcels, as applicable, and common maintenance of: in-tract common area open space, detention basin, drainage channels, utility and drainage easements (including surface improvements over any public easement areas), private parks, greenbelts, common area landscaping and irrigation systems, lake, recreation center, signage and shared parking facilities and access drives. In addition to any other terms and conditions, the CC&Rs shall contain the City requirements and conditions attached to these Community Development Department, Planning Division Conditions of Approval as Attachment 1. Notwithstanding the foregoing, the City shall have the right to make minor or technical revisions to the attached conditions or to include any new standard City requirements at the time of the City's CC&R review. The CC&Rs shall grant City the right, but not the obligation, to enforce the CC&R provisions set forth in Attachment 1 hereto and to recover its costs of such enforcement. Specifically as relates to the lake, the CC&Rs shall include provisions, satisfactory to City, to ensure the maintenance and repair of the lake, at all times, in good, safe and sanitary condition. Such provisions shall include, but not be limited to, provisions related to the following: water quality, minimum water levels, minimum operating standards, maintenance of any lake related improvements, wildlife and vector control, and security, including fencing, appropriate signage, and, as necessary, installation and maintenance of electronic and other security devices and employment of security guards. The CC&Rs shall require adoption and implementation by the Home Owner's Association of a lake management plan to ensure that the lake is maintained in compliance with the requirements of the CC&Rs. The CC&Rs shall provide that should the lake fail to be maintained as required, and should the lake become a nuisance in the City, the City may, but shall not be required, to demand drainage of the lake and conversion of the lake into a park or other similar use by the Home Owner's Association. Such conversion shall include proper fill of the lake, in conformance with all safety and legal standards, and installation of irrigation, landscaping and related improvements. Page 11 of 30 15. To mitigate the potential impacts to fire and police services, the applicant or successor-in-interest shall annex into the community facilities district providing financing for police and fire protection services. 16. To mitigate the potential impacts to road maintenance services, the applicant or successor-in-interest shall annex into the community facilities district providing financing for road maintenance services. 17. A residential comprehensive design manual and development plan, consistent with the Specific Plan residential design guidelines shall be submitted and approved by the Planning Commission. Those conditions not implemented at the recordation of the final map shall become conditions of approval of the design manual and development plan. The development plan shall consist of: a.) A precise grading plan with plotted homes or commercial buildings,setbacks from property lines, paved areas, slopes, etc. b.) Floor plans c.) Architectural elevations of all sides of the building. d.) Typical front yard or commercial site landscaping e.) Entry monumentation, and parkway landscape treatments f.) Wall and Fence Plan that includes a decorative block wall around the perimeter of the project and interior fencing. g.) Common mailbox architectural treatment. h.) Sign plans for commercial centers. 18. Improvement plans for the lake, public and private parks, greenbelts, paseos, recreation center, and landscaped parkways along Sanderson Avenue, Cawston Avenue, Odell Street, Bridge Street, De Anza Drive, and Streets ' A', 'B', and 'C' shall be submitted for review and approval concurrent with development within each development phase, as shown in Exhibit 'B', in accordance with the following: a). A landscaped parkway shall be provided along Sanderson Avenue having a width of 31 feet as measured from the face of curb. This landscaped parkway shall include a meandering combined sidewalk/Class I bike path and bus turnouts at locations to be determined by the Riverside Transit Agency(RTA) prior to the Recordation of any Final Maps. b). Prior to the recordation of any final maps that include Planning Areas 15, 16, or 17, improvement plans for all recreational facilities shall be submitted for review and approval by the Planning Director and City Engineer, and said facilities shall be constructed and operational prior to the issuance of the first occupancy permit. Page 12 of 30 19. The developer shall submit evidence of an approved water system plan by Eastern Municipal Water District to construct a recycled water system physically separated from the potable water system, to serve as a water source for the on-site recreational lake and as irrigation for project landscaping. 20. The developer shall submit evidence of secondary access, in the form of an easement of offer of dedication, between Planning Area 19 and either Warren Road or Ramona Expressway. (Revised by the Planning Commission on December 16, 2009) 21. Design and construction of Sanderson Avenue shall comply with Riverside Transit Agency (RTA) requirements, to be determined prior to the recordation of any Final Maps. 22. The County of Riverside Board of Supervisors shall have adopted a resolution diminishing the subject property from the boundaries of San Jacinto Agricultural Preserve No. 14, Map No. 415, (APN 432-030-010), whereby disestablishing the agricultural preserve under Agricultural Preserve Case No. AG01016. 23. The County of Riverside Board of Supervisors shall have adopted a resolution diminishing the subject property from the boundaries of San Jacinto Agricultural Preserve No. 15, Map No. 512, (APN 432-030-011), whereby disestablishing the agricultural preserve under Agricultural Preserve Case No. AGO 1017. Prior to the issuance of Grading Permits, Building Permits, or Certificates of Occupancy: 24. Per City Ordinance No. 09-09 and any subsequent amendments,for subdivision maps and non-residential development projects, with any building containing habitable floor space within the San Jacinto River Floodplain, the City of San Jacinto shall not allow the issuance of any permits (including, without limitation, grading permits, building permits, or certificates of occupancy)or the recordation of any map, until the plans for the San Jacinto River Levee Stage 4 are approved and permitted, financing for construction of the levee provided,and all required rights-of-way acquired.Alternatively, any subdivision map or non-residential development project with any building containing habitable floor space within the San Jacinto River Floodplain, that proposes construction and occupancy prior to the time all of such conditions are met, shall be required to form or join a public financing district (community facilities district, etc) for the levee project, flood proof the subdivision or applicable portion of the development project site, and dedicate any required right-of-way for levee and other drainage infrastructure prior to the issuance of any occupancy permit. Occupancy permits for greater than 80% of proposed units within such subdivision, or 80% of the floor space of the non-residential project, shall be withheld until completion and acceptance of all applicable storm drain lines and connection to the San Jacinto River pursuant to the on- Page 13 of 30 going master plan. For subdivision maps or non-residential development projects with any building containing habitable floor space outside of the San Jacinto River Floodplain, (but within the CFD area), prior to the issuance of any permit, (including,without limitation,grading permits, building permits, or certificates of occupancy)or recordation of any final map, such subdivision or the applicable portion of the project site, shall be flood-proofed and the subdivision or project site shall form or join a public financing district ( community facilities district, etc)for the levee project. Occupancy permits for greater than 80% of the proposed units within such subdivision, or 80% of the floor space of the non- residential project, shall be withheld until completion and acceptance of all applicable storm drain lines and connection to the San Jacinto River pursuant to the on-going master plan. Prior to the Issuance of a Grading Permit: 25. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Standards and accepted grading practices. The final grading plan shall be in substantial conformance with the approved grading plan. 26. Prior to issuance of a building permit the developer shall submit three(3)copies of a comprehensive grading plan for review and approval. The plan shall comply with the Uniform Building Code, Chapter 70. The plan shall be drawn on 24"X 36" Mylar by a registered civil engineer. 27. A grading permit shall be obtained from the City of San Jacinto prior to the commencement of any grading outside of the City-maintained road right-of-way. 28. Grading and public improvements shall be installed in accordance with city standards and specifications. The tops of all graded slopes shall be at the property line. 29. Prior to the issuance of a grading permit,the developer shall enter into a Treatment and Disposition Agreement (TDA) with the Soboba Band of Luiseno Indians to address treatment and disposition of archaeological/cultural resources and human remains associated with the Soboba Band of Luiseno Indians that may be uncovered during construction of the project.The TDA may establish provisions for tribal monitors and other criteria, as recommended by the Soboba Cultural Resource Department in their letter dated September 29, 2009. Following execution of the TDA by the developer and Soboba Band of Luiseno Indians, the TDA will be incorporated by reference into the grading permit. Copies of any further cultural resource reports, findings, and/or plans shall be provided to the Cahuilla Tribe Environmental Protection Office. 30. The archaeological/cultural assessment identified the potential for archaeological! cultural resources to exist on the project site. Therefore, tribal monitors, including Page 14 of 30 the Soboba Band of Luiseno Indians, may be allowed to monitor all grading, excavation, and ground-disturbing activities, including further field surveys. Following the agreement of the City, the designated archaeologist, the tribal monitor, and any applicable responsible or trustee agencies, grading, excavation, and ground-disturbing activities shall be stopped temporarily and redirected in the event any archaeological / cultural resources are discovered in order to evaluate the significance of any archaeological/cultural resource discovered on the property. 31. If paleontological resources are encountered during grading, ground disturbance activities shall cease so a qualified paleontological monitor can evaluate any paleontological resources exposed during the grading activity, If paleontological resources are encountered, adequate funding shall be provided to collect, curate, and report on these resources to ensure the values inherent in the resources are adequately characterized and preserved. Collected specimens will be sent to the appropriate authorities for analysis and curation. 32. If human remains are encountered on the property, then the Riverside County Coroner's Office MUST be contacted within 24 hours of the find, and all work halted until a clearance is given by that office and any other involved agencies. If it is determined that the remains might be those of Native American, the California Native American Heritage Commission, the Soboba Band of Luiseno Indians, and the Cahuilla Tribal Environmental Protection Office shall be notified and appropriate measures provide by State Law shall be implemented. 33. Pursuant to Mitigation Measure 5.4-b of the Recirculated Environmental Impact Report, a preconstruction absence/presence survey for burrowing owls within the survey area where suitable habitat is present shall be conducted within 30 days prior to any disturbance of the project site. This procedure shall occur through the life of the permit. 34. A geotechnical engineering report shall be submitted to the City Engineer prior to the issuance of grading permits, and all requirements identified in the report shall be adhered to. 35. A Phase One Assessment shall be submitted to the Planning Department prior to the issuance of grading permits, and all requirements of the report shall be adhered to. 36. Prior to the issuance of grading permits, the applicant shall submit to the City Engineer for approval, a final Water Quality Management Plan (WQMP), including a project description and identifying Best Management Practices(BMPs)that will be pursued on-site to reduce pollutants into the storm drain system to the maximum extent practical.The WQMP shall identify the structural an non-structural measures consistent with the City's adopted requirements. Page 15 of 30 37. Grading permits shall not be issued for any areas to be graded and remain undeveloped until a revegetation plan is submitted to the Planning Department for review and approval by the City Landscape Architect. The applicant / developer shall maintain such areas to prevent wind and water erosion. Prior to Issuance of Building Permits: 38. The developer shall pay school fees as required by State law to help mitigate the effects of this subdivision on the San Jacinto Unified School District. 39. The developer shall receive written clearance from the San Jacinto Unified School District. 40. The developer shall pay for the appropriate Flood Control Improvements. 41. The project lies within an area of western Riverside County and the City of San Jacinto known as a Multi-Species Habitat Conservation Plan(MSHCP).This project shall be subject to the payment of these fees prior to the issuance of building permits unless exempted by the ordinance establishing the MSHCP program. The fees shall be subject to the provisions of the enabling ordinance and based upon the fee schedule in effect at the time of building permit issuance. 42. Any fireplaces located within the individual units shall be natural gas fireplaces. No conventional wood-burning fireplaces are approved as part of this application. 43. A waste management plan shall be submitted to the City Engineer for review and approval that demonstrates compliance with City of San Jacinto Municipal Code, Chapter 8.34, Construction and Demolition Waste Management to divert a minimum of 50% of construction and demolition resulting from this project. The plan shall include estimated volume or weight of construction and demolition material; estimated volume or weight of construction and demolition material that can be diverted; and estimated volume or weight of construction and demolition material that will be landfilled as solid waste. 44. A soils report shall be submitted to the Building Department prior to the building permit issuance, and all requirements in the report shall be adhered to. Prior to Issuance of Occupancy Permits: 45. All existing and new utilities adjacent to and on site shall be located underground as per City of San Jacinto Municipal Code 15.32 46. The applicant shall contact the San Jacinto Post Office to determine the appropriate type and location of mailboxes. Page 16 of 30 47. The applicant shall install slate, concrete, tile, clay tile or equal roofing material on all units within the subject property. 48. Black address numbers on white fluorescent background shall be painted on the curb (numbers shall be a minimum 4 inches in height). 49. A standard feature of homes within this subdivision shall include pre-wired ceiling fan outlets in the Mater Bedroom, Family Room, and Living Room. 50. All garage interiors shall be improved with dry wall, tape and topping. Landscaping, Fencing and Entry Monumentation: 51. Prior to the issuance of a building permit, the developer shall submit landscape and irrigation plans for each production unit. All front yards shall be fully landscaped in conformance with the City's adopted Landscape Guidelines. Landscaping and automatic irrigation improvements shall be installed prior to the issuance of a Certificate of Occupancy. 52. Prior to issuance of certificate of occupancy the developer shall construct all walls and fences, which shall comply with the Specific Plan, except as provided in Conditions 58 and 60, as approved by the City Council. 53. Prior to issuance of certificate of occupancy parkway landscape treatments shall be installed. 54. Prior to issuance of certificate of occupancy all utility substructures shall be located and/or screened with landscaping materials so as to minimize visibilityfrom the public right-of-way. 55. Prior to issuance of certificate of occupancy minimum 14-foot wide stamped concrete crosswalks shall be installed at all signalized intersections within the development and at the project entrances. 56. Prior to issuance of certificate of occupancy tract entry monumentation signs, as approved as part of the Specific Plan, may be installed at the project entrances, and shall be constructed in a manner to prevent theft and vandalism of entry monument lettering and other design elements. Special Conditions: 57. Prior to the recordation of any final maps for Tentative Tract 36188, the developer shall record a 'Notice of Condition Affecting Property' for all residential lots within Page 17 of 30 Tract 36188 indicating the proximity of large animals and the related insects, noise, dust, odors associated with agricultural activities occurring west of the project area within the Urban Reserve Overlay District and south of the project area associated with the EMWD Regional Wastewater Treatment Plant. 58. The following development criteria shall apply to Planning Areas 11 and 12: a) Food establishments that include outdoor dining shall also provide indoor dining facilities, have access and seating areas oriented to the north, and be generally restricted to the area along Bridge St. east of the westerly driveway, as shown on Figure V-53 of the Villages of San Jacinto Specific Plan. b). An combination decorative block wall and berm, having a maximum height of eight(8)feet, but not less than six(6) feet, shall be constructed along the southerly project boundary shared with EMWD as determined by the Planning Department through a future Plot Plan application review. (Revised by the Planning Commission on December 16, 2009) c.) A sample`Notice of Condition Affecting Property shall be provided for review and approval by the Planning Department prior to the issuance of Occupancy permits that alerts future commercial tenants to potential odors from the adjoining wastewater treatment plant. 59. Physical access shall be maintained at all times to the 200 acre parcel lying westerly of the project site located at 805 Sanderson Avenue. 60. The following criteria shall apply to Planning Area 14: High School Site a.) The developer shall install all necessary street and utility improvements to service the school site including, without limitation, curb, gutter, and sidewalk as required by the City Engineer conditions of approval. This construction shall be substantially complete prior to the opening of the high school, on a date mutually agreed to between the City, School District, and Developer. In the event that these street improvements are not completed by the required date, the City may elect to restrict ongoing development of the balance of the site (issuance of building permits, occupancy permits, etc). b.) The developer shall submit a landscape and fencing plan for Planning Department review and approval prior to the recordation of the Final map that includes the following: 1. Tubular steel fencing along street frontages and the pedestrian trail along the southern boundary. Page 18 of 30 2. Masonry wall along the western boundary. 3. Landscaping and irrigation systems for along all street frontages between the fence and the curb. In the event that Planning Area 14 is not acquired by the SJUSD, the Planning Area will convert to 313 residential lots, including 200 single family lots at 6000 square feet on 45.5 acres, 113 single family lots at 5000 square feet on 19.6 acres, and 2.1 acres for neighborhood park purposes as set forth in the Villages of San Jacinto Specific Plan. 61. For production units, the developer shall submit a waste management plan for the project that shall address waste collection and recycling methods, and informational programs for future residents regarding the disposal of hazardous wastes.The plan shall be subject to the approval of the Planning Department prior to the issuance of building permits. The following conditions are mitigation measures form the Recirculated Draft Environmental Impact report to address impacts to biological resources: 62. Mitigation for impacts to jurisdictional wetlands and non-wetlands waters as required by Regional Water Quality Control Board and California Department of Fish & Game, will consist of: (1)off-site creation, (2) a combination of off-site creation and enhancement of wetlands of equal or higher habitat quality, or (3) purchase of wetlands mitigation credits in an approved mitigation bank. Because wetlands/waters on the Villages of San Jacinto project site are isolated, of low overall quality(contain large quantities of non-native species), and are surrounded by agricultural lands, they do not provide high quality habitat for riparian-dependant wildlife species, therefore mitigation onsite would not result in equal or greater wetland habitat value. Mitigation for on-site wetlands/waters impacts would be a biologically equivalent or superior alternative to avoidance of these impacts. The above not withstanding, wetlands areas created, enhanced, or preserved through the project's wetlands mitigation plan would be connected to other wetlands/riparian/riverine areas and would provide overall biological value to the peregrine falcon and other sensitive wildlife and plant species. Wetland mitigation ratios are based on past experience developing appropriate mitigation for impacts to similar wetland and/or Waters of the US. 63. Mitigation for impacts to 4.22 acres of open water, 0.23 acre of freshwater marsh, 0.21 acre of herbaceous wetlands, and 0.01 acre of intermittent unvegetated stream channel would be accomplished through the creation or purchase of wetlands mitigation credits from an approved mitigation bank at a 1:1 ratio (i.e., 4.67 acres Page 19 of 30 total)(see Table 5.4-5, Mitigation Requirements for Impacts to Sensitive Vegetation Communities on the Villages of San Jacinto Project Study Area, Villages of San Jacinto Recirculated Draft EIR No. 2). 64. Mitigation for impacts to 0.01 acre of cismontane alkali marsh would be accomplished through the creation, or a combination of creation and enhancement, of wetlands of equal or higher habitat quality at a 3:1 ratio(i.e., 0.03 acre). Mitigation can also be accomplished through the purchase of wetlands mitigation credits in an approved mitigation bank. 65. Mitigation for impacts to 0.07 acre of southern willow woodland would be required at a ratio of 4:1 (i.e., 0.28 acre) (see Section 5.4 in the EIR). Mitigation can be accomplished through the creation, or a combination of creation and enhancement of wetlands of equal or higher habitat quality. Mitigation can also be accomplished through the purchase of wetland mitigation credits in an approved mitigation bank. 66. If construction activity is to take place during the Burrowing Owl breeding season (i.e., January through October), a one-time biological survey for nesting bird species would be conducted within the proposed impact area no earlier than 72 hours prior to construction. This survey is necessary to assure avoidance of impacts to nesting native birds(per the federal Migratory Bird Treaty Act). If nesting birds are detected within vegetation which is to be impacted, the nest location(s) will be protected. A buffer of 25 to 300 feet (specific width to be determined by the project biologist according to species of bird) around the nest will be avoided until fledging. 67. The Multi-Species Habitat Conservation Plan (MSHCP) requires that night lighting shall be directed away from the MSHCP conservation area to the west. Shielding will be incorporated by the project to ensure that ambient lighting in the MSHCP conservation area is not increased;therefore impacts on potential adjacent MSHCP conservation area lands due to increased lighting would be avoided. 68. Table 6.2 of the MSHCP lists landscape plant species that shall be avoided for all portions of developments that are located adjacent to (within 1,000 feet) the MSHCP conservation areas. These plant species will be avoided on the areas of the Villages of San Jacinto project site adjacent to Criteria Cells 2775 and 2878 to the west of the project site. This would be achieved by including language in the residential sale documents to ensure that future property owners understand the types of plants that are restricted. Sample language for inclusion in sale documents would be submitted to the Planning Department for approval prior to approval of a Page 20 of 30 certificate of occupancy. Therefore no indirect effects due to invasive species are anticipated. 69. The project proponent shall perform updated focused plant surveys consistent with Westem Riverside County MSHCP survey protocols for the Narrow Endemic Plant Species Survey Area 3. The results of the updated surveys shall be provided to the California Department of Fish & Game prior to the issuance of Grading Permits. BUILDING AND SAFETY DEPARTMENT General Requirements: 70. All required Fire Department vehicle access roads shall be maintained in a passable condition at all times for emergency Fire Department use. Gates or other obstructions shall be approved by the Fire Department prior to construction. 71. If construction is phased, each phase shall be provided with approved access roads (curb, gutter and all-weather surface) and fire protection prior to building construction. 72. All lumber scraps, combustible materials and other debris shall be picked up daily, or more often as required by the Building and Safety Department. 73. If water supply for fire hydrants is lost or if pressure is dramatically reduced, the applicant/owner should contact the City of San Jacinto, Building and Safety Department. 74. Blue retro-reflective pavement markers shall be mounted on private streets, public streets, and driveways to indicate location of fire hydrants. Prior to installation, placement of markers must be approved by the Riverside County Fire Department. Prior to the Recordation of the Final Map: 75. The applicant or developer shall fumish one copy of the water system plans to the Fire Department for review. Plans shall be signed by a registered civil engineer, containing the Fire Department approval signature block, and shall conform to hydrant type, location, spacing, and minimum fire flow. Once plans are signed by the local water company,the originals shall be presented to the Fire Department for signature. 76. The following note shall be placed on the final map: "The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material placed on an individual lot." Page 21 of 30 77. Fire hydrants shall be tested, accepted and placed in service prior to any combustible material's being placed on the site. Hydrants shall be placed on all streets in and around all projects. 78. All locations where structures are to be built shall have approved Fire Department access roads(curb, gutter and all-weather surface),for 60,000 lbs GVW/traffic index of AC thickness of .25, provided prior to construction. Prior to Issuance of Occupancy Permits: 79. Specific address for each home shall be provided, shall be contrasting color and background, and shall be 4" in height. All house address shall be identified in a clear and concise manner, including proper illumination. Rev 12.09.09 Page 22 of 30 ATTACHMENT 1 CITY REQUIRED CC&R PROVISIONS ARTICLE I. RIGHTS AND REQUIREMENTS OF THE CITY OF SAN JACINTO Notwithstanding any other provision to the contrary as may be contained in this Declaration, and in addition to all other rights granted to the City of San Jacinto, California (the "City') pursuant to the provisions of this Declaration, the City shall have the following additional rights, and Declarant, the Association and the Owners, as applicable, shall comply with the following provisions, City requirements and conditions: Section 1. Definitions. (a) For purposes of this Article,the term"Improvements"shall have that meaning set forth in this Declaration, if any, but shall also include all improvements in the Project, including,without limitation,the following: all structures and buildings(and all components thereof); private utilities; landscaping improvements and plantings; fences and walls, private streets and driveways, sidewalks, parking areas, garages, carports, lighting, signs, irrigation and drainage facilities, and the lake. (b) For purposes of this Article, the term "Association Maintenance Areas"shall have that meaning set forth in this Declaration, if any, but shall also include any on or off- site easement areas or public property within or adjacent to the Project required to be maintained by the Association. Section 2. Maintenance. Declarant, the Association and each Owner shall comply with the following special conditions: (a) Association Maintenance. The Association shall, at all times, perform such maintenance as is required to be performed by the Association under this Declaration, which maintenance shall include, without limitation, maintenance of all Common Areas (and, if applicable, Association Maintenance Areas), together with all Improvements located therein, in good repair, condition and appearance, and shall keep the Common Areas (and, if applicable Association Maintenance Areas), neat, clean and sanitary, free from any accumulation of debris or waste materials, and otherwise in accordance with this Declaration and applicable City Codes and Regulations. Page 23 of 30 (b) Owner Maintenance. Each Owner, including Declarant, shall, at all times, perform such maintenance as is required to be performed by an Owner under this Declaration, which maintenance shall include, without limitation, maintenance of such Owner's Lot, Parcel or Unit, and all Improvements located therein, in good repair, condition and appearance, and shall keep the Lot, Parcel or Unit neat, clean and sanitary, free from any accumulation of debris or waste materials, and otherwise in accordance this Declaration and applicable City Codes and Regulations. (c) Landscape Maintenance. All landscaping in the Project, including,without limitation, trees, shrubs and other vegetation, drainage and irrigation systems, shall be installed as provided in the landscape plan as approved by the City and shall be permanently maintained in good,first class condition, healthy,without deterioration,free of waste and debris, and in conformity with the landscaping maintenance standards of the City. Dead or diseased plants shall be promptly replaced with landscaping similar in type, size and quality. Automatic irrigation systems shall be property maintained and other reasonable and adequate landscape maintenance facilities and procedures shall be provided to fulfill the foregoing requirements. (d) Parking and Driveways. Driveways and traffic aisles on the Project shall be kept clear and unobstructed at all times. No vehicles or other obstruction shall project into such driveways or traffic aisles. All private streets or driveways, sidewalks and parking areas shall be regularly swept and cleaned. All asphalt and concrete paved areas shall be repaired, replaced, and re-striped, as necessary, to maintain said pavement at all times in a level and smooth condition. Any traffic or parking signage will be properly maintained. (e) Lake Maintenance. The lake shall be maintained, at all times, in good, safe and sanitary condition, and in compliance with all terms and conditions set forth in this Declaration and the lake management plan to be adopted by the Association. The Association shall ensure compliance, at all times, with requirements related to water quality, water levels, operating standards, maintenance of any lake related improvements, wildlife and vector control, and security. (f) Public Nuisance. The Project shall be maintained public nuisance has been created by the absence of adequate maintenance such as to be detrimental to public health, safety or general welfare, or such condition or deterioration or disrepair causes appreciable harm or has been truly detrimental to the Project or improvements within one thousand (1000) feet of any portion of the Project. Section 3. Enforcement by the Citv. In the exercise of its general police power, the City regulates land uses and subdivisions within the City, including certain requirements for the Page 24 of 30 Project as reflected in the provisions of this Declaration. Each Owner acknowledges by acceptance of the deed or other conveyance therefor,whether or not it shall be expressed in any such deed or other instrument, that each of the covenants, conditions and restrictions set forth in this Article benefit the City, and that the City has a substantial interest to be protected with regard to assuring compliance with, and enforcement of,these covenants, conditions and restrictions and any amendments thereto. All such covenants, conditions and restrictions shall therefore be enforceable by the City by proceedings at law or in equity or in the following manner: (a) If the Association at any time fails to maintain the Common Area (and, if applicable,the "Association Maintenance Areas"), and the Improvements located thereon, including, but not limited to the lake, in accordance with the standards of repair, maintenance and cleanliness specified in this Declaration the City shall give written notice to the Association specifying the nature of such deficiency ("Notice of Deficiency"). The Notice of Deficiency shall be given by certified mail, return receipt requested, or by an express mail or delivery service which provides confirmation of delivery date and receipt therefor. The Notice of Deficiency from the City shall be addressed to the Association, shall set forth with particularity the maintenance which the City finds to be required, and shall require the Association to take appropriate corrective action within thirty(30) days of receipt of such Notice of Deficiency unless there exists a hazardous condition creating an immediate possibility of serious injury to persons or property, in which case the time for corrective action may be reduced to a minimum of five (5) days. The Notice of Deficiency shall notify the Association of the appeal rights as set forth in the following sentence. The Association shall have the right,within ten(10)days of receipt of such Notice of Deficiency, to file an appeal with the City Council of the City for public hearing before the City Council to consider the reasonableness of the City's requirements as set forth in the Notice of Deficiency. The decision of the City Council on such appeal shall be binding upon all parties but may be appealed by the Association through an appropriate action in any court having jurisdiction. The Notice of Deficiency shall state the anticipated cost that the City anticipates it would incur and thereafter assess the Association if the City were to perform the corrective work to be accomplished ("Corrective Measures"), which amount shall be no more than the cost charged by competitive private industry for similar work. If the Association does not undertake and complete the Corrective Measures required by the Notice of Deficiency within the time period set forth in the Notice of Deficiency(subject to extension for such time as may be required to appeal the Notice of Deficiency to the City Council)the City may(but will not be obligated to) undertake and complete such Corrective Measures as required by the Notice of Deficiency and assess the costs thereof against the Association. Page 25 of 30 Prior to exercising its rights as set forth in the foregoing sentence, and unless the Association provides reasonable assurance to the City that it has funds sufficient to pay the City's anticipated cost in completing the Corrective Measures and is willing to reimburse such costs, the City may require that the Association send to each Owner in the Project a copy of the Notice of Deficiency, which Notice of Deficiency will be deemed to have been provided to all Owners ten(10)days following its delivery to the Association. If the City has performed the necessary Corrective Measures,the City shall submit a written invoice to the Association for all costs incurred by the City to perform such Corrective Measures. The City may require the Association to provide a copy of such invoice to each Owner in the Project within ten (10)days of the City's demand therefor, together with a statement that if the Association fails to pay such invoice in full within the time specified,the City will pursue collection against the Owners in the Project pursuant to the provisions of this Section. The foregoing invoice and notice will be deemed to have been provided to all Owners ten (10) days following delivery to the Association. The amount set forth on that invoice shall be due and payable by the Association within twenty(20)days of receipt by the Association. If the Association fails to pay such amount in full within the period specified, payment shall be deemed delinquent. Thereafter,the City may pursue collection from the Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the City, the City may levy a special assessment against the Owners of each Lot, Parcel or Unit in the Project for an equal pro rata share of the invoiced amount. Such special assessment shall constitute a charge on the land and shall be a continuing lien upon each Lot, Parcel or Unit against which the special assessment is levied. Each Owner in the Project hereby vests the City with the right and power to levy such special assessment, to impose a lien upon their respective Lot, Parcel or Unit and to bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and his or her respective Lot, Parcel or Unit for purposes of collecting such special assessment in accordance with the procedures set forth in[Article] of this Declaration. If requested by the City, and to the extent legally permitted, the Association will provide to the City a current list containing the names and address of Owners/Members of the Association, such list to be provided in an electronic or other format, as requested by the City. The City may also elect to enforce payment of such costs through the establishment of assessment liens against the Association or through an action at law(which action may be brought without foreclosing or waiving any lien securing such amount). The Association shall be liable for any judgments obtained by the City against the Association related to the performance of the requirements under this Article. Page 26 of 30 (b) In addition to the enforcement measures contained above in Section 3(a), should the Association fail to maintain the lake as required, and should the lake become a nuisance in the City, the City may, but shall not be required, as a Corrective Measure, to demand drainage of the lake and conversion of the lake into a park or other similar use by the Association. Such conversion shall include proper fill of the lake, in conformance with all safety and legal standards, and installation of irrigation, landscaping and related improvements. If the Association fails to complete such Corrective Measure related to the lake, the City shall have the right, but not the obligation, to undertake and receive reimbursement for such Corrective Measure as further detailed above in Section 3(a). Section 4. Easement to City. In the event the City elects to undertake and complete the corrective measures as set forth in the Notice of Deficiency, Declarant hereby grants to, and reserves for, the City and its authorized representatives,employees and contractors, a non-exclusive easement for access, ingress and egress upon and across the Project as may be necessary to complete such work. Section 5. Easement for Law Enforcement and Emer-gency Vehicles and Personnel. Declarant hereby reserves a non-exclusive easement for access, ingress and egress upon and across the Project as may be necessary for law enforcement and for the provision of emergency services in the Project by City and state law enforcement officers and vehicles, City Fire Department and other emergency services vehicles and personnel. Section 6. Agreement Between Declarant and City. The Declarant, in exchange for granting of the City's approval of this Declaration, hereby agrees to hold, sell and convey the Project subject to the covenants, conditions, restrictions and reservations contained in this Article. Declarant also grants to the City the right and power to enforce the covenants, conditions, restrictions and reservations contained in this Article against the Declarant, so long as Declarant has an interest in the Project, and all persons or entities having any right, title or interest in the Project, or any part thereof, their heirs, successive owners and assigns and successors-in-interest. Section 7. Compliance with Law. Declarant, the Association and each Owner shall comply with state and federal law and with all ordinances, regulations and standards of the City, and any assessment district of the City, as may be applicable to the Project. Section 8. Other Rights and Remedies of the City. (a) In the event of any violation or threatened violation of any of the provisions of this Declaration,then in addition to, but not in lieu of, any of the rights or remedies the City may have to enforce the provisions hereof, the City shall have the right, after giving notice Page 27 of 30 of said violation, to withhold any of the following from, or revoke any of the following issued to, the person or entity violating or threatening violation: any building permits, occupancy permits, certificates of occupancy, business licenses and similar matters or approvals pertaining to the portion of the Project owned by such person or entity. (b) Any enforcement rights of the City as described in this Article are in addition to and not instead of rights of the City regarding enforcement of City codes and regulations, and the City may use any enforcement vehicle available to it to insure that the Project does not become a nuisance. Section 9. No City Liability. The failure or refusal of the City to exercise any of the rights or powers conferred by this Article will not result in any liability to the City and shall not give rise to a cause of action against the City, its officers and employees, on the part of any person. No officer or employee of the City shall be personally liable to the Declarant, the Association or any Owner,for any default or breach by the City, its officers and employees, under this Declaration. Section 10. Indemnification of City. Declarant, Owner(s)and the Association each agree to save, defend, indemnify and hold harmless the City and its officers and employees from and against all loss, liability, expenses, damages, costs (including attorneys' fees and costs), for any accident, loss or damage to persons or property, arising from or related to the failure to perform their respective obligations under this Declaration and/or from the City's decision not to enforce its rights granted pursuant to this Article. With respect to any such indemnity obligations, the Declarant, Owner(s) and the Association shall each indemnify and hold the City harmless under this Section 10 for its own acts or omissions, and not those of the other parties subject to this Declaration. For example, Owner(s)shall not be obligated to indemnify or hold harmless the City for the acts or omissions of the Association, nor shall Declarant, any Owner or the Association be obligated to indemnify or hold harmless the City for the City's own acts or omissions except the City's decision not to enforce its rights granted pursuant to this Article. Declarant, Owners and the Association understand and acknowledge that the City is a third party beneficiary underthis Article and has no obligation to enforce any of its rights or remedies herein. Section 11. Amendments/Termination. Any termination of this Declaration, and any amendment to any provision of this Article or to any other provisions of this Declaration enforceable by the City shall require the prior written consent of the City Manager(or his or her authorized representative) prior to recording any amendment to this Declaration, that (a)affects the rights of the City under this Article; (b)affects the Association's obligation to maintain the Common Area (and, if applicable, the Association Maintenance Areas) as described in this Declaration; or(c) terminates this Declaration. The City shall have sixty Page 28 of 30 (60) days to review and reasonably approve, conditionally approve or deny any amendment to the Declaration submitted to it pursuant to this Section. If the City fails to deliver notice of its disapproval to the Association within said sixty(60)day period,the City shall be deemed to have approved the amendment. Any approval requested of the City hereunder shall be accompanied by a notification to the City of the timing for the City's response and the consequences of the City's failure to respond, as set forth in the foregoing sentence. such fact. Any amendment to or termination of this Declaration that is recorded without the City's written approval complying with the provisions of this Section shall be null and void. Section 12. Attorney's Fees. In any action brought by the City to enforce this Declaration, the prevailing party will be entitled to receive its attorneys' fees and costs, in addition to such other relief as may be granted. To the extent that the Association and/or any individual Owner(s) of a Lot, Parcel or Unit is not a prevailing party in any enforcement action, the Association or the individual Owner(s)against whom such enforcement action has been taken shall be liable for any such attorneys' fees and costs. Section 13. Notices. Notices to the City that may be required or necessary under this Declaration, if any, shall be provided to the following addresses: To City: City of San Jacinto 595 S. San Jacinto Avenue San Jacinto, CA 92583 Attn: City Manager With Copy to: Section 14. Miscellaneous. (a) The Association shall be required,on January 1 st of each year,to file with the City's Director of Planning the names, addresses and telephone numbers of the Association's Project management company and responsible Project manager and each member of the Association's Board of Directors Section 15. Covenants Running with the Land. Declarant hereby declares that all of the Project shall be held, sold, conveyed, encumbered, hypothecated, leased, used,occupied and improved subject to the restrictions, covenants, conditions and equitable servitudes set Page 29 of 30 forth in this Article, all of which are for the benefit of the City and for the purpose of uniformly enhancing or protecting the value, attractiveness and desirability of the Project. The covenants, conditions, restrictions, reservations, equitable servitudes, liens and charges set forth herein shall run with the land and shall be binding upon all persons having any right, title or interest in the Project, or any part thereof, their heirs, successive owners and assigns; shall inure to the benefit of and be binding upon Declarant and the City, and their successors and assigns and successors-in-interest; including, without limitation, the Association and the Owners of Units or Lots in the Project, and may be enforced by the City. Page 30 of 30