HomeMy WebLinkAboutResolution - 09-21RESOLUTION NO. 09-21
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SAN JACINTO RECOMMENDING CITY COUNCIL
APPROVAL OF TENTATIVE TRACT MAP NO. 36188, A
SUBDIVISION CONSISTING OF UP TO 1329 SINGLE FAMILY
RESIDENTIAL LOTS, 1 COMMERCIAL LOT, 1 MIXED USE
LOT, 6 OPEN SPACE LOTS, 3 PRIVATE RECREATION
FACILITIES LOTS, 3 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: FILE
NO. SP NO. 1-04 AND TT 36188
WHEREAS, DR Horton filed an application on May 22, 2009, for Tentative Tract
No. 36188, which as amended, would create up to 1329 single family residential lots, 1 retail
commercial lot,1 mixed use lot, 6 open space lots, 4 drainage facilities lots, 3 park facilities lots, and
3 private recreation lots ("Application') on a 475.11 acre site located generally west of Sanderson
Avenue, south of Ramona Boulevard, east of Odell Avenue, and north of the EMWD water
reclamation facility and more particularly described in Exhibit "A" ("Subject Site");
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 DISTRICT(S);
WHEREAS, the Application was reviewed, studied, and found to comply with the
California Environmental Quality Act ("CEQA") as more fully described below;
WHEREAS, on 16 December 2009 the Planning Commission of the City of San
Jacinto ("Planning Commission') 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, THE PLANNING COMMISSION OF THE CITY OF SAN
JACINTO RESOLVES AS FOLLOWS:
SECTION 1. Based on the entire record before the Planning Commission, all written
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and oral evidence presented to the Planning Commission, and the findings set forth in this
Resolution, the Planning Commission recommends City Council approval of Tentative Tract No.
36188 as depicted in Exhibit `B", subject to the conditions of approval in Exhibit "C" ("Tentative
Tract Map 36188").
SECTION 2. Pursuant to California Government Code Section 66410 et seMc ., based
on the entire record before the Planning Commission and all written and oral evidence presented to
the Planning Commission, the Planning Commission 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 Specific Plan ("Specific Plan"),
because:
1. The Tentative Tract 36188 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:
1. The proposed project offers housing opportunities by type, tenure, and cost of housing.
2. The proposed project implements a significant improvement to surface drainage in the
area, including a detention facility that will maintain downstream surface water flows at or
below existing undeveloped rates.
3. The proposed project offers a rich and diverse amenity program that includes a lake,
public and private parks, a greenbelt, and a private recreation center.
4. The proposed project includes lots to be developed as a public High School facility.
5. The proposed project incorporates strong design guidelines to assure high quality
development throughout the project area.
6. The proposed project provides employment opportunities by including office and
mixed use commercial uses that will serve the area.
2. The Tentative Tract 36188 provides for land uses compatible with the
Low Density Residential (LDR), Medium Density Residential (MDR), Open Space (OS), and
Community Commercial (CC) General Plan 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
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area.
C. The Subject Site is physically suitable for the type and density of development
proposed in Tentative Tract 36188 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
36188 are not likely to cause substantial environmental damage nor substantially injure fish or
wildlife or their habitat because:
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 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
No. 36188 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 No. 36188 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 3. Pursuant to section 66412.3 of the Government Code, based on the
entire record before the Planning Commission and all written and oral evidence presented to the
Planning Commission, the Planning Commission finds the subdivision and improvements proposed
in Tentative Tract No. 36188 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 range 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.
Resolution PC 09-21 Page 3 of 30
SECTION 4. Based on the entire record before the Planning Commission and all
written and oral evidence presented to the Planning Commission, the Planning Commission finds the
nature and extent of the dedications, reservations, impact fees, and other exactions are reasonably
related to public needs and roughly proportional to the impacts created by the subdivision and
improvements proposed in Tentative Tract No. 36188 because: 1. Fees are assessed equally city-
wide; and 2. Fee credits are available to offset costs of public improvements that are constructed as
part of the proposed development.
SECTION 5. Based on the Recirculated Environmental Impact Report ("EIR"),
responses to comments, and the entire record before the Planning Commission and all written and
oral evidence presented to the Planning Commission, the Planning Commission finds that the project
described in Tentative Tract No. 36188 is the same as that analyzed in the EIR and that all necessary
environmental review for Tentative Tract No. 36188 has been completed in compliance with the
California Environmental Quality Act for the following reasons:
A thorough environmental analysis has been conducted by the City 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 Planning Commission 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 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 making any decision to follow
the Planning Commission's recommendation to approve Tentative Tract No. 36188.
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 South San Jacinto
Avenue, San Jacinto, CA 92583. (951) 487-7330.
adoption.
SECTION 7. Effective Date. This Resolution shall become effective upon its
PASSED, APPROVED AND ADOPTED this 16t day of ecember 2009.
Planning Commission Chairperson
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ATTEST:
Planning Commission Secretary
Resolution PC 09-21
Page 5 of 30
EXHIBIT 'A'
LEGAL DESCRIPTION OF SUBJECT SITE
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 corner 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 7y line of said Lot 17 and the north line of Lot 18 of said 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 of said Riverside
County; thence on the easterly boundary o said Record of Survey North 00 degrees, 17,
36" west, 3722.41 feet to a point hereina ter referred to as Point "A "; thence parallel with
said northerly line of Lots 17 and 18 north 8812 75 7'02 " west, 2311. 78feet to the westerly
line of said Farm Lot 127; thence on the westerly line of said Farm Lots 127 and 135 and
the westerly line of Tract=1I o Rancho San Jacinto Viejo, south 00 degrees, 18',55"
east, 3 722.45feet to the Point of 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.
Resolution PC 09-21 Page 6 of 30
EXHIBIT '61'
Alternative with High School Site
Resolution PC 09-21 Page 7 of 30
EXHIBIT'C'
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
CONDITIONS OF APPROVAL
TENTATIVE TRACT 36188
Date of Preparation: 16 December 2009
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 1329 single-family residential lots, 1
retail commercial lot, 1 mixed use lot, 6 open space lots, 4 drainage facilities lots, 3
private recreation lots, and 3 public park 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 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 afterthe 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 , Fire
Department dated September 30, 2009, Police Department dated September 29,
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.
5. 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
against the City arising out of this tentative map approval, save and except that
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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, bythe Planning Commission
and City Council.
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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
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proper fill of the lake, in conformance with all safety and legal standards, and
installation of irrigation, landscaping and related improvements.
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). Priorto 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
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facilities shall be constructed and operational prior to the issuance of the first
occupancy permit.
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 2 and either Warren Road or
Ramona Expressway.
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. AG01017.
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
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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-
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. Priorto 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 September29, 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
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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
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
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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.
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
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46. The applicant shall contact the San Jacinto Post Office to determine the appropriate
type and location of mailboxes.
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 visibility from
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 mannerto prevent theft and vandalism of entry monument
lettering and other design elements.
Resolution No. PC 09-21 Page 17 of 30
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
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 blockwall and berm, having a height of eightfeet,
shall be constructed along the southerly project boundary shared with
EMWD.
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:
Resolution No. PC 09-21 Page 18 of 30
1. Tubular steel fencing along street frontages and the pedestrian trail along
the southern boundary.
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.
Resolution No. PC 09-21 Page 19 of 30
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
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
Resolution No. PC 09-21 Page 20 of 30
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
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
Western 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 furnish 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
Resolution No. PC 09-21 Page 21 of 30
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."
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 Ibs 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
Resolution No. PC 09-21 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.
Resolution No. PC 09-21 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 properly 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 City. In the exercise of its general police power, the City
regulates land uses and subdivisions within the City, including certain requirements forthe
Resolution No. PC 09-21 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(butwill 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.
Resolution No. PC 09-21 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/orto 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 orthrough an action at law (which action maybe
brought without foreclosing or waiving any lien securing such amount). The Association
shall be liable for anyjudgments obtained by the City against the Association related to the
performance of the requirements under this Article.
Resolution No. PC 09-21 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 Emergency 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
Resolution No. PC 09-21 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, Owners) 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. Amend ments/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
Resolution No. PC 09-21 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
Resolution No. PC 09-21 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.
Resolution No. PC 09-21 Page 30 of 30
JL
SAN
JACINTO
September 29, 2009
David Leonard, Contract Planner
City of San Jacinto
Community Development Department
595 S. San Jacinto Ave
San Jacinto, California 92583
RE: Tentative Tract Map 36188, Tentative Parcel Map 36189
Proposal:
Tentative Tract Map 36188 is a subdivision to establish 1323 single family
residential lots, 1 retail commercial lot, 1 mixed use business lot, 6 open space
lots, 4 drainage facilities lots, 3 park facilities lots, and 3 private recreation lots on
a 475.11 acre property located generally west of Sanderson Avenue, south of
Ramona Blvd, east of Odell Avenue, and north of the EMWD water reclamation
facility. Tentative Parcel Map 36189 is a subdivision to create twelve parcels for
financing purposes that relate to Planning Areas proposed by the Villages at San
Jacinto Specific Plan. Both subdivision maps serve to implement the Villages at
San Jacinto Specific Plan.
Dear Mr. Leonard,
Thank you for the opportunity to comment on the above described project. The
following issues of concern related to public safety and law enforcement are
presented below.
PRE -CONSTRUCTION AND CONSTRUCTION PHASES:
Construction Site:
Prior to construction on any structure, a material storage area should be
established and enclosed by a six foot chain link fence to minimize theft of
materials and/or equipment.
It is recommended that a list of serial and/or license numbers of equipment
stored at the location be maintained both, at the site and any off -site main office.
Police Department f
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0
Thefts and burglaries of building materials, fixtures, and appliances from
construction storage areas and structures under construction are on the rise.
To reduce thefts and burglaries during the construction of this project, the
developer and builder need to provide site security. San Jacinto Police
Department recommends the developer and builder use bonded security guards
licensed by the State of California Bureau of Security & Investigative Services
Department to handle project security.
The public, and non -essential employees, should be restricted in access to the
construction areas.
Current emergency contact information for the project should be kept on file with
the San Jacinto Police Department.
The developer and/or builders' name, address and phone number should be
conspicuously posted at the construction site. Visibility into the construction site
should not be intentionally hampered. Areas actually under construction should
be lit during hours of darkness. All entrances and exits should be clearly marked.
ADDRESSING:
An address monument should be erected. The monument should be illuminated
during the hours of darkness and positioned so as to be readable from main
vehicular or pedestrian access points. Positioning the address numbers at a
strategic and elevated section of the building will facilitate unhampered views of
the address from vehicular and pedestrian vantage points. The Address
numbers should be no less than 4" in size.
Roof -top addressing, (for use by the police helicopter), should be applied in a
contrasting color. A minimum lettering size of 1' X 4' should be utilized. In the
event of a critical incident at the location, the use of roof -top addressing
accelerates a pinpoint response from law enforcement air support and the
accurate mobilization of ground units.
Industrial and commercial buildings shall have the doors clearly marked with
numbers corresponding to the appropriate alarm zone.
LIGHTING:
Parking lots and associated driveways, circulation areas, aisles, passageways,
recesses, and grounds contiguous to buildings shall have adequate security
lighting. The lighting shall be of sufficient wattage to provide adequate
illumination to make clearly visible the presence of any person on or about the
premises from at least 25 feet away during the hours of darkness and provide a
safe & secure environment for all persons, property, and vehicles on site.
Security lighting should be installed in such a manner as to prevent tampering or
damage. All exterior doors should have their own light source which will
adequately illuminate entry / exit areas at all hours in order to make any person
on the premises clearly visible and to provide adequate illumination for persons
entering and exiting the building.
LANDSCAPING:
Landscaping shall be of the appropriate type and situated in locations to
maximize observation while providing the desired degree of aesthetics.
Defensive landscaping materials are encouraged along fence and property lines
and under vulnerable windows.
FENCING / ACCESS CONTROL:
When applicable, perimeter fencing of open design, such as wrought iron, tubular
steel, or densely meshed and heavy -posted chain link should be installed in
order to establish territoriality and defensible space, while maintaining natural
surveillance.
ROOF TOP OPENINGS:
All hatchway openings on the roof of any building are to be properly secured from
the building interior. Roof top ladders are to be incorporated into the interior
design. All roof top openings are to be incorporated into the building security
system. Outside pin -type hinges on all hatchway openings shall have non -
removable pins.
LINE OF SIGHT I NATURAL SURVEILLANCE:
Wide -angled peepholes should be incorporated into all solid doors where visual
scrutiny to the door from public or private space is compromised.
Trash enclosures should be located away from the buildings/garages and not
hinder needed surveillance.
Other line of sight obstructions including recessed doorways, alcoves, etc.,
should be avoided on building exterior walls.
SECURITY SYSTEMS:
Comprehensive security systems, silent or audible, should be provided, including
digital security cameras.
PARKING ISSUES:
Have exterior visitor parking spaces located close to the structure as possible to
allow in -line sight from occupants. Make sure trees do not block views to the
parking areas.
GRAFFITI REDUCTION TIPS:
Prior to occupancy, the surface walls, fences, building, logo monuments, etc.
should be graffiti resistant either via surface composition, applied paint types
and/or planned shielding by landscaping or plants. Wrought iron fencing has
proven to be effective in reducing graffiti.
Should the community development department, developer or construction staff
have any questions regarding the listed law enforcement and public safety
concerns, please contact Community Services Officer Craig Speers at 951-654-
2702,
Sincerely,
!.� u x, ✓
William Tyler, Lieutenan
Chief of Police
John R. Hawkins
Fire Chief
Proudly serving the
unincorporated
areas or Riverside
County and the
Cities of:
Banning
Beaumont
Colimesa
Canyon Lake
Coachella
Desert Hot Springs
Indian Wells
r^'tio
L.urte Elsinore
La Quinta
Moreno Valley
Palm Desert
Perris
S•
Rancho Mirage
Rubidoux CSD
San Jacinto
Temecula
Board of Supervisors
Bob Buster,
District I
John Tovaglione,
District 2
Jeff Stone,
District 3
Alson,
District 4
RIVERSIDE COUNTY
FIRE DEPARTMENT
In cooperation with the
California Department of Forestry and Fire Protection
2300 Market St, Ste 150, s Riverside, CA 92501 • (951) 955-4777 • Fax (951) 9554886
CONDITIONS OF APPROVAL
PERMIT NUMBER: 09-SANJ-TR36188
Subdivision to establish 1323 SFR lots, 1 retail commercial lot, 1 mixed use business lot, 6
open space lots, 4 drainage facilities lots, 3 park facilities lots, and 3 private recreation lots
on a 475.11 acre property located generally west of Sanderson Ave., south of Ramona .Blvd,
east of Odell Ave., and north of the EMWD water reclamation facility
APPLICANT: City of San Jacinto, Attn: David Leonard, Contract Planner, 595 South San
Jacinto Ave, San Jacinto, CA 92583 951 487-7330 or 951 782-9868 FAX: 951 487-6779
EMAIL: leonarddla@earthlink.net
REVIEWED BY: AFM DAN WAGNER ON 9-30-2009
10. GENERAL CONDITIONS
10.FIRE.999PC - #01 —West Fire Protection Planning Office Responsibility IN EFFECT
It is the responsibility of the recipient of these Fire Department conditions to forward
them to all interested parties. The building permit number is required on all
correspondence.
Additional information is available at our website: www.rvcfire.org go to the link marked
"Ordinance 787".
Questions should be directed to the Riverside County Fire Department, Fire Protection
Planning Division at 2300 Market St. Suite 150, Riverside, Ca 92501. Phone: (951) 955-
4777, Fax: (951) 955-4886.
10.FIRE.999 MAP #50-BLUE DOT REFLECTORS IN EFFECT
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.
10.FIRE.999 MAP-#16-HYDRANT/SPACING IN EFFECT
Schedule A fire protection approved standard fire hydrants, (6"x 4"x 2'/2") locate one at
each street intersection and space no more than 330 feet apart in any direction, with no
portion of any lot frontage more than 165 feet from hydrant. Minimum fire flow shall be
Motion Ashley,
District 5
77-933 Las Montanas, Palm Desert, CA 92211 • (760) 863-8886 • Fax (760) 863-7072
00ocuments and SeningslawardVAy DocumentslConditions,Conditions2lSAN JACINT0+09-SAND-TR36188 9-30-2009-doc
Page 1 of 3
1000 GPM for 2 hour duration at 20 PSI. Shall include perimeter streets at each intersection and
spaced 660 feet apart.
50. PRIOR TO MAP RECORDATION
50.FIRE.999 MAP-#67-ESC-GATE ENTRANCE
IN EFFECT
ECS map must be stamped by the Riverside County Surveyor with the following Note: Gate entrance
shall be at least two feet wider than the width of the traffic lanes serving that gate. Any gate providing
access from a road to a driveway shall be located at least 35 feet setback from the roadway and shall
open to allow a vehicle to stop without obstructing traffic on the road. Where a one-way road with a
single traffic lane provides access to a gate entrance; a 40'turning radius shall be used.
50.FIRE.999 MAP-#88-ESC-AUTOMATIC GATES IN EFFECT
ECS map must be stamped by the Riverside County Surveyor with the following note:
Gate(s) shall be automatic minimum 20 feet in width.
Gate access shall be made equipped with a rapid entry system. Plans shall be submitted to the Fire
Department for approval prior to installation automatic gate pins shall be rated with a shear pin force,
not to exceed 30' pounds. Automatic gates shall be equipped with emergency backup power. Gates
activated by the rapid entry system shall remain open until closed by the rapid entry system.
50.FIRE.999 MAP-#004-ESC-FUEL MODIFICATION
IN EFFECT
ECS map must be stamped by the Riverside County Surveyor with the following note:
Prior to the issuance of a grading permit, the developer shall prepare and submit to the
fire department for approval a fire protection/vegetation management plan that should
include but not limited to the following items: a) Fuel modification to reduce fire
loading. b) Appropriate fire breaks according to fuel load, slope and terrain. c) Non
flammable walls along common boundaries between rear yards and open space areas
shall be provided at intervals not to exceed 1500'. e) A homeowner's association or
appropriate district shall be responsible for maintenance of all fire protection measures
within the open space areas.
ANY HABITAT CONSERVATION ISSUE AFFECTING THE FIRE DEPARTMENT FUEL
MODIFICATION REQUIREMENTS SHALL HAVE CONCURRENCE WITH THE RESPONSIBLE
WILDLIFE AND/OR OTHER CONSERVATION AGENCY.
50.FIRE.999 MAPS-#46-WATER PLANS IN EFFECT
The applicant or developer shall furnish one copy of the water system plans to the Fire Department for
review. Plans shall be signed by a registered civil engineer, containing a Fire Department approval
signature block, and shall conform to hydrant type, location, spacing and minimum fire flow. Once plans
are signed by local water company; the originals (mylar copy) shall be presented to the Fire Department
for signature.
50.FIRE.999 MAPS-#6-ESC WATER CERTIFICATION IN EFFECT
ECS map must be stamped by the Riverside County Surveyor with the following note:
77-933 Las Montanas, Palm Desert, CA 92211 • (760) 863-8886 • Fax (760) 863-7072
C "Docummis and Scttings\awardVvty Documents\Conditions'Conditions2\SAN JACINTO',09-SAND-TR36188 9-30-2009.doc
Page 2 of 3
The applicant or developer shall provide written certification from the appropriate water
company that the required fire hydrants are either existing or that financial
arrangements have been made to provide them.
50.FIRE.999 MAP-#53-ESC-WTR PRIOR/COMBUS IN EFFECT
Esc map must be stamped by Riverside County Surveyor with the following note:
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.
60. PRIOR TO GRADING PERMIT ISSUANCE
60.FIRE.999 MAP-#004 FUEL MODIFICATION IN EFFECT
Prior to the issuance of a grading permit, the developer shall prepare and submit to the fire department
for approval of a fire protection/vegetation management that should include but no limited to the
following items:
a) Fuel Modification to reduce fire loading
b) Appropriate fire breaks according to fuel load, slope, and terrain
c) Non flammable walls along the common boundaries between rear
yards and open spaces.
d) Emergency vehicle access into open space areas shall be provided
at intervals not to exceed 1500 feet
e) A homeowner's association or appropriate district shall be
responsible for maintenance of all fire protection measures
within open space areas.
NY HABITAT CONSERVATION ISSUE, AFFECTING THE FIRE DEAPERTMENT FUEL
MODIFICATION REQUIREMENT, SHALL HAVE CONCURRENCE WITH THE RESPONSIBLE
WILDLIFE AND/OR OTHER CONSERVATION AGENCY.
80. PRIOR TO BUILDING PERMIT ISSUANCE,
80.FIRE.999 MAP-#50-TRACT WATER VERIFICATION IN EFFECT
The required water system, including all fire hydrant (s), shall be installed and accepted by the
appropriate water agency and the Riverside County Fire Department prior to any combustible building
material placed on an individual lot. Contact the Riverside County Fire Department to inspect the
required fire flow, street signs, all weather surface, and all access and/or secondary. Approved water
plans must be at the job site.
77-933 Las Montanas, Palm Desert, CA 92211 • (760) 863-8886 • Fax (760) 863-7072
C'Documemsand Settings\award\My Documents%Conditions%Conditions2\SAN JACINTO',09-SAND-TR36188 9-30-2009.doc
Page 3 of 3
Ot) rr%adeW 1d ra
Paso Fino Horses N0,1 ;r
November 3, 2009
Mr. Barry McClellan
City Manager
City of San Jacinto
595 S. San Jacinto
San Jacinto, CA 92583
Subject: E.I.R. — Village of San Jacinto
Dear Barry,
In 2007 I attended both a Planning Commission meeting and City Council Meeting
regarding the above subject project. I spoke about my concern of the proposed route of
Highway 79, which as proposed would go through my home, barn and lake at 805 N.
Sanderson. The Law Firm of Rutan & Tucker also sent the city a letter outlining my
concerns. At the Planning Commission meeting a representative from D.R. Horton
(Chris Engholm) agreed to modify the plan to avoid any conflict with my property. What
was proposed took Highway 79 directly west before my property was impacted where the
ROW for Highway 79 would stay within the 1000' set back area bordering the north
boundary of EMWD property and continue west through the Buena Vida Farms property
to Warren Road. It should be noted that I have always objected strongly to the proposed
route through my property. As anyone that has visited the ranch is aware this property is
anenvironmental "jewel". Last year members of the California Department of Fish and
Game and the Heritage Foundation visited the ranch and both agencies are quite adamant
that the route be modified as discussed above. This property serves as a flyway and
nesting site for more than twenty (20) types of waterfowl, four (4) types of hawks, owls,
bob cats, turtles, frogs, three (3) varieties of fish, in addition to native plants consistent
with the wetlands designation. As the city is also well aware there have been several
environmental reports prepared on the property by both the County and EMWD.
Obviously, I am very concerned about the fact the agreed modified alignment was not
mentioned in the Recirculated (No. 2) Draft E.I.R. I have always been assured that the
proposed alignment will not be built as shown however, I am now concerned after
reviewing the Draft E.I.R. that my property rights are being overlooked. I am prepared to
take whatever steps are necessary to protect my property and the environment that is so
805 N. Sanderson • San Jacinto, CA 92582 • (951) 487-0168 • FAX (951) 654-6626 • www.ranchodemilagro.com
1�ode�la�ro
Paso Fino Horses
Mr. Barry McClellan
City of San Jacinto
November 3, 2009
Page 2
unique that exists on this property. I would like to have an audience with those involved
prior to any action that could be the prerequisite to litigation. It should also be noted I
did not receive the package from Dudek until the week of October 9, 2009.
Re r ,
Robert E. Osborne
Cc: Dale Stubblefield, Mayor
John Mansperger, Vice Mayor
Jim Ayers, Council Member
Jim Potts, Council Member
Steve DiMemmo, Council Member
805 N. Sanderson • San Jacinto, CA 92582 • (951) 487-0168 - FAX (951) 654-6626 • www.ranchodemilagro.com