Agenda packet — Murrieta City Council, October 17, 2023 (part 2 of 3)

WHEREAS, the City Council has considered the facts presented in this case, including the written and oral staff reports on the Project, public testimony, and written and oral evidence presented to the Planning Commission,

NOW, THEREFORE, the City Council of the City of Murrieta, California, does ordain as follows:

SECTION 1. FINDINGS

Based upon the substantial evidence presented at the public hearings on June 14, 2023, including written and oral staff reports and public and applicant written and oral testimony on the record from the Planning Commission public hearing, in accordance with Murrieta Development Co de chapter 16.64, the City Council of the City of Murrieta approves the Revised Master Development Plan MDP-2021-2430 in accordance with the following findings pursuant to Development Code Section16.64.110:

1. The proposed Master Development Plan is consistent with the objectives, policies, general land uses, programs, and actions of all elements of the general plan.

FACTS: The proposed amended Master Development Plan establishes standards consistent with the General Plan and Downtown Murrieta Specific Plan, including Goal LU-17: Historic Murrieta as the City’s cultural, civic, and community center. Policy LU-17.3 Encourage the location of civic, institutional, office, and other job-creating uses in Historic Murrieta. Supportive residential development should be encouraged. This project provides supportive residential development to implement Goal and Policy LU-17, LU-17.3. Goal ED-10: A revitalized and economically stable Historic Downtown Murrieta. Policy ED-10.5 Consider opportunities for the development of higher-density residential uses to support commercial development within the Historic Downtown. The standards for the Residential Single Family 1 (RS-1) zone, the site design, and architectural standards are in Section 5.0. The revised Master Development Plan identifies the distribution, location, and extent of land uses within a development site and identifies regulations and criteria for the development of the site. The density is 3.5 d.u. per acre for the RS-1 zoned properties and is within the permitted range of this zone with the adoption of the revised Master Development Plan. The Project preserves and dedicates natural resources related to Murrieta Creek and implements several components of the site design and architectural standards in Section 5.0 of the Downtown Specific Plan such as landscaped parkways, street trees for each lot, alleys and alley-loaded garages, and front porches.

2. The Master Development Plan adequately addresses the physical development characteristics of the subject site.

FACTS: The project site will be graded and include stormwater treatment and drainage facilities to comply with flood zone requirements of the Federal Emergency Management Agency (FEMA). The proposed project design preserves approximately 40% of the project site as open space. The project does not adversely impact and is found to be consistent with the Army Corps of Engineers and Riverside County Flood Control District Murrieta Creek Improvement project regarding establishing the top of the bank and setbacks from ultimate improvements. The Drainage Study, CLOMR, and grading plan show a design that can provide adequate setbacks from the floodway of Murrieta Creek to provide a flood-free Project.

3. The development standards contained in the Master Development Plan serve to protect the public convenience, health, safety, and general welfare.

Ordinance No. 597-23

Page 3 of 5 ends

FACTS: The revised Master Development Plan will contribute to the completion of links and improvements in the City’s circulation and trail system. The proposed project incorporates water quality management measures and furthers the objectives of the Downtown Murrieta Specific Plan. Development sta ndards have been evaluated and found to be consistent with the Development Code to protect the public convenience, health, safety, and general welfare.

4. The Master Development Plan is consistent with all applicable requirements of local ordinances and state law.

FACTS: The proposed Master Development Plan is consistent with the Downtown Murrieta Specific Plan, including the standards for the RS-1 zone (landscaping, setbacks, building heights) as well as lighting standards unique to the DMSP, and stormwater design. Pursuant to Section

16.16.10 C. 1. of the Development Code, a Master Plan Overlay shall be implemented by a Master Development Plan and the Downtown Murrieta Specific Plan serves as the overlay. The project has been subject to a joint project review and findings by the Regional Conservation Authority which found that the project is consistent with the criteria of the Multiple Species Habitat Conservation Plan. All permits relating to building permits, water quality management, regional drainage systems, and natural watercourses will be obtained and are conditioned with the Project.

5. The proposed Master Development Plan or amendment would be in compliance with the provisions of the California Environmental Quality Act (CEQA).

FACTS: An addendum to the previously certified Mitigated Negative Declaration (MND) was prepared in compliance with Section 15164 of the California Environmental Quality Act. The residential development is not proposing any substantial changes that will require any significant revisions to the certified MND due to the involvement of new significant environmental effects or an increase in the severity of any identified significant effects; there have been no new substantial changes in the circumstances under which the Project was undertaken which will require major revisions of the previous certified MND, and new information of substantial importance has not been discovered. The Project is subject to the previous Mitigation Measures identified in the Mitigation Monitoring and Reporting Program (MMRP).

6. The proposed master development plan amendment would not create internal inconsistencies within the master development plan and is consistent with the purpose and intent of the master development plan it is amending.

FACTS: The Amended Master Development Plan is consistent with the Downtown Murrieta Specific Plan, including the standards for the RS-1 zone. Pursuant to Section 16.16.10 C. 1. of the Development Code, a Master Plan Overlay shall be implemented by a Master Development Plan and the Downtown M urrieta Specific Plan serves as the overlay. The amended Master Development Plan replaces and voids the previous master development plan and would not create internal inconsistencies within the master development plan. The project has been subject to a joint project review and findings by the Regional Conservation Authority which found that the project is consistent with the criteria of the Multiple Species Habitat Conservation Plan.

7. The proposed Master Development Plan would be in compliance with the provisions of the Multiple Species Habitat Conservation Plan (MSHCP).

FACTS: The City of Murrieta adopted the Multiple Species Habitat Conservation Plan (MSHCP) on September 16, 2003. The proposed development site is within Criteria Area #6314 and Ordinance No. 597-23

Page 4 of 5 ends

proposed constrained linkage #13 as defined by the MSHCP. A Joint Project Review was completed on October 26, 2007, determining the proposed project is consistent with the goals and policies of the MSHCP with recommendations to implement certain measures. The City has required implementation of these measures as conditions of approval. Therefore, the City determines the project is consistent with MSHCP.

SECTION 2. APPROVAL

The Amended Master Development Plan for the Ivy House Project within the Downtown Murrieta Specific Plan (MDP 2021-2430), attached to this ordinance as Exhibit A (“Ivy House MDP”), is hereby adopted and incorporated herein by this reference. The City Clerk is directed to reflect the adoption of the Ivy House Amended MDP on the City of Murrieta Zoning Map, on file in the Office of the City Clerk.

SECTION 3. EFFECTIVE DATE

This ordinance shall take effect and be enforced thirty (30) days following its adoption.

SECTION 4. NOTICE OF ADOPTION. This Ordinance shall become effective on the thirty-first (31st) day after its passage and adoption, and within fifteen (15) days after its final passage and the City Clerk shall cause it to be posted and published in a newspaper of general circulation, printed, published and circulated in the City in the manner required by law and shall cause a copy of this Ordinance and its certification, to be entered in the Book of Ordinances of the City.

ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this , 2023.
day of

Lisa DeForest, Mayor

ATTEST:

Cristal McDonald, City Clerk

APPROVED AS TO FORM:

Tiffany Israel, City Attorney
Ordinance No. 597-23

Page 5 of 5 ends

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )§

CITY OF MURRIETA )

I, Cristal McDonald, City Clerk of the City of Murrieta, California, do hereby certify that the foregoing Ordinance No. 59 7-23 was duly passed and adopted by the City Council of the City of Murrieta at the regular meeting thereof, held on the ___th day of _______, 202_, and was signed by the Mayor of the said City, and that the same was passed and adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Cristal McDonald, CMC, City Clerk

I, Cristal McDonald, City Clerk of the City of Murrieta, California further certify that Ordinance No. 597-23 was duly published according to law and the order of the City Council of said Cit y and the same was so published in Press Enterprise, a newspaper of general circulation on the following date(s):

Adopted Ordinance: , 2023.

In witness whereof, I have hereunto subscribed my name this __ day of ______________, 2023.

_____________________________
Cristal McDonald, CMC, City Clerk

MDP-2021-2430 (MASTER DEVELOPMENT

PLAN) DEVELOPMENT STANDARDS

FOR IVY HOUSE
(EXHIBIT A)
(Modified by Planning Commission June 14, 2023)

Boundaries consist of Assessor Parcel Numbers:

906-193-001
906-200-001
906-200-002
906-212-001
906-221-001
906-221-002

Development Standards -

The project is subject to the development standards shown in the following table. For standards not specifically addressed herein, the standards applicable to the RS-1 zone of the Downtown Murrieta Specific Plan would be applicable.

a. Additions - All additional building area proposed after the initial construction of each lot are subject to:

• Approval by the Homeowners Association or Property Owners Association, and

• Administrative review, including architecture, by the Planning Director or his/her designee.

b. Landscape/Hardscape -
• All planter areas shall provide a minimum 5 feet wide planter area clear of curbs, concrete step-out strips, walkways, walls, footings, and overhead supports. If narrower landscape areas are necessary due to site constraints, the restricted width planters are to have naturally narrow growing sub-shrubs.

c. Parking -
• Parking within the Alley ROW is prohibited and will be enforced via Homeowners Association or Property Owners Association and will have no parking signs placed onsite.

d. Walls, Gates, and Fences -

• Gates separating the alley right of way and garage face are prohibited.

• Outdoor Storage in an unfenced area is prohibited.

2 CITY OF MURRIETA
Legislation Text
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David Chantarangsu, AICP - Development Services Director PREPARED BY: Aaron Rintamaki, Associate Planner
SUBJECT: Revised Permit 2021-2429, Tentative Tract Map 2021-2428, Master Development Plan 2021-2430 Ivy House

RECOMMENDATION
Conduct a Public Hearing;
Consider and approve the Addendum to the Mitigated Negative Declaration pursuant to the California Environmental Quality Act Guidelines (Cal. Code Regs. Title 14) Section 15164; Introduce and conduct the first reading of Ordinance No. 597-23 entitled: An Ordinance of the City Council of the City of Murrieta, California, Approving and Adopting Amended Master Development Plan Mdp-2021-2430 on a 22-Acre Site to be Developed with 62 Single-Family Detached Lots with Related Improvements for Circulation, Infrastructure, and Murrieta Creek Located East of Murrieta Creek, West of New Clay Avenue, and South of “B”Street within the Residential Single-Family 1 (RS-1) Zone of the Downtown Murrieta Specific Plan (DMSP) Area (APN’s 906-193-001, 906-200-001, 002, 906-212-001, 906-221-001,002); and Adopt Resolution No. 23-4707 entitled: A Resolution of the City Council of the City of Murrieta Approving the Environmental Determination, Amended Master Development Plan 2021-2430, Revised Tentative Tract Map 2021-2428, and Revised Development Plan Permit 2021-2429 for Ivy House, a 22-Acre Site to be Developed with 62 Single-Family Detached Lots and Related Improvements for Circulation, Infrastructure, and Murrieta Creek Drainage Channel Located East of Murrieta Creek, West of New Clay Avenue, and South of “B”Street within the Residential Single-Family 1 (RS-1) Zone of the Downtown Murrieta Specific Plan Area.

PRIOR ACTION/VOTE
On May 6, 2008, the City Council introduced an ordinance to adopt Master Development Plan MDP-006-1884 and adopt Resolution No. 08-1994 approving a Tenative Tract Map TTM-005-1824 and implementing Development Plan DP0-005-1825 (Vote 5-0).

On January 15, 2019, the Housing Authority provided direction to appraise and dispose of 42310 B Street (Property) pursuant to Health and Safety Code Section 34176.1 (Dissolution of Redevelopment Agencies).

On July 21, 2020, the Housing Authority approved a Purchase and Sale Agreement with Diversified Pacific (Applicant) for the Property, which was then fully executed by all parties on July 28, 2020. Subsequently, escrow closed on February 18, 2022, completing the disposition of the Property by the City (Vote:5-0).

File #: 23-270, Version: 1
CITY OF MURRIETA Printed on 10/4/2023Page 1 of 7
powered by Legistar™
File #: 23-270, Version: 1
On October 5, 2021, the City Council adopted Housing Authority Resolution No. 2021-34 allowing for the execution of SCIP Preliminary Application for CSCDA financing for improvements associated with the residential development of the Property (Vote: 5-0).

On June 14, 2023, the Planning Commission held a public hearing and recommended that the City Council adopt an Addendum to the MND and approve Revised Permit 2021-2429, Revised Tentative Tract Map 2021- 2428, and an amended Master Development Plan 2021-2430 through Planning Commission Resolution No.

PC-2023-07, (Vote: 5-0).

CITY COUNCIL GOAL
Aggressively pursue economic development.

BACKGROUND
On May 6, 2008, the City Council approved a residential development for this site consisting of a Master Development Plan (MDP) 2006-1884, Development Plan (DP-005-1825), and Tentative Tract Map 34439 (TTM-005-1824) called Ivy House. The 2008, project consisted of a 60-lot subdivision, a Development Plan for the construction of the site, and a Master Development Plan establishing the number of lots, minimum lot size, minimum setbacks, and design parameters for any development in the described area. The 2008 approval has remained valid as a result of numerous extensions the state provided to projects that include tentative tract maps. The 2008, project approvals are valid until January 2026.

The City of Murrieta’s(City) Redevelopment Agency purchased the land when it became available in August 2010. Subsequently, it became an asset of the City’sHousing Authority as the City’sSuccessor Agency when the state dissolved redevelopment agencies in 2013. The City then determined in 2019, that the Property was to be disposed of, with the proceeds from the sale going to the development of affordable housing on the City’s Adams Avenue property, which is currently under construction.

The revisions proposed for this project by the Applicant are subject to the Downtown Murrieta Specific Plan CITY OF MURRIETA Printed on 10/4/2023Page 2 of 7
powered by Legistar™
File #: 23-270, Version: 1
The revisions proposed for this project by the Applicant are subject to the Downtown Murrieta Specific Plan (DMSP). The changes to the project consist of a revised map for reconfiguration of the lots, resulting in a change from 60 lots to 62 lots. The development of 62 single-family homes may also result in 62 Accessory Dwelling Units (ADUs) subject to the development standards of the amended MDP and designed to reflect the architectural styles envisioned by the DMSP, and a multipurpose trail on the approximately 21.96 acres gross project site (approximately 13.23 acres net). Staff notes that ADUs may or may not be developed on each lot depending on the preference of the buyer. Proposed floor plans provide buyers with the option to maintain a single-family home or include an ADU with a few interior modifications to the floor plan. The proposal is hereinafter referred to as the “Project.”
The General Plan Economic Development Element expresses a desire for a revitalized and economically stable Historic Downtown Murrieta and provides for consideration of opportunities for the development of higher-density residential uses to support commercial development within the Historic Downtown. The Project preserves and dedicates natural resources related to Murrieta Creek and implements several components of the site design and architectural standards identified in the DMSP, such as landscaped parkways, street trees for each lot, alleys with alley-loaded garages, and front porches.

Planning goals and policies for the DMSP are found in Section 3.4 of the plan. Goal 2 seeks to develop a land use pattern that respects and incorporates the City’shistory and that provides opportunities for a variety of uses within a pedestrian-friendly environment. The plan provides for an integrated network of residential, park, business, and civic-related uses. The Project is the first single-family residential proposal within the new DMSP land use pattern to further facilitate the implementation of the plan to bring more residents within walking distance of the businesses along Washington Avenue. Polices in Section 3.4 are specific actions that direct the City on how to reach its goals.

The Project would implement the following policies:

1. Create appropriate land use planning areas and ensure that standards emphasize the compatibility of uses.

The Project is located within the residential planning area established by the DMSP and would be compatible with existing residential uses surrounding the site.

2. Provide for residential land uses that help achieve a “downtown”atmosphere. The Project is implementing the DMSP by proposing housing in an established residential land use location that complies with the density envisioned by the DMSP, contributing towards achieving the downtown atmosphere.

3. Provide development regulations and design guidelines that clearly identify the City’sexpectations for high- quality development to ensure that new development is consistent with a “downtown”scale and character. The Project is implementing DMSP design guidelines through the site design, proposed architectural elevations, and the revised MDP, ensuring high-quality development.

4. Provide housing options, ranging from single-family and multi-family residential development, in different settings. This Project will add additional housing options within the DMSP located adjacent to Murrieta Creek within a residential setting.

5. Encourage housing that is within proximity to commercial and employment-related uses. The Project site location is situated less than four city blocks (1,250 feet) away from the commercial and employment-related uses along Washington Avenue, all within walking distance from the new residential homes. The Project implements these policies through its location and design, and through the implementation of the amended MDP.

For Murrieta, the Downtown is associated with community desires to have a destination where people have opportunities to live, work, and shop in an environment that creates a feeling of cohesiveness and CITY OF MURRIETA Printed on 10/4/2023Page 3 of 7
powered by Legistar™
File #: 23-270, Version: 1
opportunities to live, work, and shop in an environment that creates a feeling of cohesiveness and compactness - a place that encourages pedestrians to stroll tree-lined streets, shop in stores, and dine. This is the design approach created for the City’s Downtown through the DMSP, where land use planning and development standards establish policies to create a series of neighborhoods working together to develop the area as a vibrant destination. The DMSP allows for a density of up to 5 units per acre for properties zoned RS-

1. The 62 residential lots represent an overall density of 3.5 du/ac based on a gross area of 22 acres, which is within the designated density range. Lot sizes for the Project range from 5,200 square feet to 9,530 square feet, with typical lot sizes falling within a range of approximately 5,000-6,000 square feet.

The graphic to the right depicts the proximity of the Project to the future Pioneer Park site, local businesses along Washington Avenue, and Town Square Park. The Project will provide new housing within walking distance (1/4 mile) of the business corridor along Washington Avenue and promote a pedestrian-oriented design. On-site pedestrian amenities, including benches and trash receptacles along walkways, have been incorporated into the Project and are shown on the preliminary landscape plan.

The amended MDP will set a separate standard from the DMSP to allow the Project to exceed the maximum lot coverage and reduce setbacks, which enables greater preservation of natural features on the site, including Murrieta Creek and the future dedication of land for a Murrieta Creek improvement project. Approximately 40 percent of the Property will be dedicated as open space for natural drainage, wildlife connectors, conservation, open space, and water quality management improvements. As part of the Project improvements, the developer must install an interim multi-use trail between the northerly and southerly boundaries of the site.

CITY OF MURRIETA Printed on 10/4/2023Page 4 of 7
powered by Legistar™
File #: 23-270, Version: 1
The proposed home elevations provide a quality style and architecture for the Project and this part of the DMSP. The architectural themes of the DMSP are intended to establish a “stylisticrealm”within which various projects are to be designed. The Project has incorporated the required Craftsman, Spanish Colonial Revival, and American Mercantile architectural styles through building massing, design, and building placement oriented to form a distinctive streetscape that establishes an attractive frontage for New Clay Street between Ivy and B Streets. The Project is consistent with the off-street parking requirements of the DMSP and the Development Code by providing two enclosed parking spaces per dwelling unit and one additional parking space for each ADU.

Access to the Project will be taken from New Clay Avenue from the east, north, and south and B Street from the west. These improvements require New Clay Street frontage to be improved to a half width of 50 feet centerline to right-of-way, and B Street frontage will be improved to a half width of 40 feet centerline to right-of- way per the DMSP. The proposed subdivision includes segments of four public streets and three private alleys.

All interior streets will be improved per City Standard Drawing 106 (Local Street). The street sections reflect improvements consistent with City standards in the DMSP.

The Property is adjacent to Murrieta Creek and is shown within a Federal Emergency Management Agency (FEMA) flood zone in the General Plan Safety Element. The Project has been conditioned to process a Conditional Letter of Map Revision (CLOMR) with FEMA to remove the required areas of the Project from the flood zone before grading permit approval.

Planning Commission
The Project was considered for recommendation by the Planning Commission at a public hearing. A notice of hearing was sent to adjacent property owners within a 300’radius of the Project, the newspaper, and the site posted with signs. During the public notice period for the hearing, no public comments (written, in person, or via phone) were received. On June 14, 2023, the Commission heard during the public comment period of the hearing that seven speakers presented their concerns about the Project. Four of the speakers were in opposition to the Project, and three speakers were neutral. The issues raised included the following:

Issues:

1. Proposed homes being too close to one another;

2. Increased traffic on B Street with no stop-signs from the intersection of B Street and New Clay to Washington Street to control speeding;

3. Additional water required to serve homes;

4. The cumulative Project impact on existing flood-zone conditions to surrounding homes; CITY OF MURRIETA Printed on 10/4/2023Page 5 of 7
powered by Legistar™
File #: 23-270, Version: 1

5. The lack of sidewalks along the route to school for future residents; and

6. Increased crime with homeless coming from the adjacent creek impacting the new neighborhood the Project creates.

Staff is able to provide the following responses to the public comments presented to the Planning Commission:

Response 1
The Property is zoned RS-1 within the DMSP, which allows for a density of up to 5 dwelling units per acre (du/ac). The 62 residential lots represent an overall density of 3.5 du/ac, which is below the maximum density and within the density range allowed by the plan. The five-foot side yard setbacks are necessary to achieve the density allowed by this zone.

Response 2
Stop signs are installed to establish right-of-way at an intersection and not to control speeding. The California Manual on Uniform Traffic Control Devices (CA MUTCD) identifies warrants that must be met to install an all- way stop. The Project was not conditioned to install additional stop signs along B Street because it did not meet the warrants identified in the CA MUTCD. Placing stop signs at intersections that do not meet technical requirements for placement creates unintended consequences that impact pedestrian safety, result in speeding, and more ambient noise.

Response 3
The new homes will receive water and sewer service through Western Municipal Water District (WMWD). The Project involves localized infrastructure improvements and connections to accommodate site development.

The Project would be required to pay fees to accommodate infrastructure improvements for water and sewer.

WMWD relies upon projected population and growth rate projections as determined by land use policies in the general plan, ensuring that adequate supplies are planned for existing and future water users. WMWD has signed the required availability letters to provide the necessary services.

Response 4
The Project does not exacerbate the current FEMA flood zone conditions in the area. The Project is processing a CLOMR, removing the area to be developed from a flood plain. The Project improvements will collect water runoff on New Clay and direct it into culverts and modular wetland systems and into Murrieta Creek. This approach intercepts water runoff at the Project frontage that would otherwise sheet flow south and east to surrounding properties.

Response 5
The Project will construct the sidewalks fronting the Property. For offsite sidewalks from the Project site to a route to school, the City continues to look for opportunities for grants from Safe Routes to School to create safe and healthy walking experiences.

Response 6
The Murrieta Police Department provides police protection services. Besides responding to incidents involving safety and law enforcement, the Police Department actively promotes safety through education programs, community partnerships, and providing advice on incorporating Crime Prevention through environmental design principles into development projects. The City has been successful in providing funding to local organizations for providing shelter and services to individuals that may experience homelessness. The City is a co-founder of the Regional Homeless Alliance, a collaboration of five cities that coordinate homeless services. Within the Murrieta Police Department, a Community Behavioral Assessment Team pairs a licensed clinical social worker with an officer specially trained in mental health issues to provide services, including to homeless individuals. These services are available to homeless residents who may be located on the Project site now or in the future.

During the Commission hearing, some Commissioners also noted concerns about safety regarding the lighting CITY OF MURRIETA Printed on 10/4/2023Page 6 of 7
powered by Legistar™
File #: 23-270, Version: 1
During the Commission hearing, some Commissioners also noted concerns about safety regarding the lighting of home addresses to identify each home on the alleyway and the public street and lighting in the alleyways to increase visibility and safety. The Planning Commission (PC) concluded the public hearing and recommended the City Council's approval of the Project via Resolution (Attachment 4) with the provision that staff work with the Applicant to address alleyway lighting and lighted addresses on the front and back of the home. Staff has worked with the Applicant and has added conditions of approval to address alleyway lighting and lighting of home addresses on the front and rear of the homes (Attachment 2, COA #’s 44-46).

Department Recommendation
The Development Services Department recommends approval of the proposed Project. Attachment 1 introduces Ordinance No. 597-23 to amend the MDP for the Project. Attachment 2 is the resolution to approve the Project. Additional information is available in staff’s report to the PC (Attachment 5).

Environmental Determination
An addendum to the previously certified MND was prepared in compliance with CEQA Guidelines Sections 15162 and 15164. The revised Project will not result in any changes that will require substantial revisions to the adopted MND due to the involvement of new significant environmental effects or an increase in the severity of any previously identified significant effects; there have been no new substantial changes in the circumstances under which the Project was undertaken which will require major revisions of the previous certified MND; and there is no new information of substantial importance. The Project is subject to the previous Mitigation Measures identified in the Monitoring and Reporting Program (MMRP) (see Attachment 7).

Noticing
The Project was noticed in compliance with Section 16.76 of the Development Code. The City mailed notices to property owners within a 300-foot radius, and advertised in the newspaper a minimum of 10 days prior to the hearing.

FISCAL IMPACT
The Project will result in an increase in the City’spopulation consistent with the General Plan. Demand for City services will increase proportionately with the increase in population. Property taxes, sales tax, and other cost recovery efforts used by the City may help recover some, but not all of the costs associated with providing services to new residents.

ATTACHMENTS

1. Ordinance No. 597-23

2. Resolution No. 23-4707

3. Vicinity Map

4. Planning Commission Resolution

5. Planning Commission Staff Report (June 14, 2023 - without attachments)

6. Project Plans (Architecture, Landscape, MDP/Map/Grading)

7. CEQA (Addendum, Initial Study, MMRP, Notice of Determination) CITY OF MURRIETA Printed on 10/4/2023Page 7 of 7
powered by Legistar™

Resolution No. 23-4707

Page 1 of 13 ends

RESOLUTION NO. 23-4707

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MURRIETA

APPROVING THE ENVIRONMENTAL DETERMINATION, AMENDED
MASTER DEVELOPMENT PLAN 2021-2430, REVISED TENTATIVE TRACT MAP 2021-2428, AND REVISED DEVELOPMENT PLAN PERMIT
2021-2429 FOR IVY HOUSE, A 22-ACRE SITE TO BE DEVELOPED WITH 62 SINGLE-FAMILY DETACHED LOTS AND RELATED IMPROVEMENTS

FOR CIRCULATION, INFR ASTRUCTURE, AND MURRIETA CR EEK

LOCATED EAST OF MURRIETA CREEK, WEST OF NEW CLAY AVENUE, AND SO UTH OF “B” S TREET WITHIN THE RESIDENTIAL SINGLE - FAMILY 1 (RS-1) ZONE OF THE DOWNTOWN MURRIETA SPECIFIC PLAN AREA.

WHEREAS, the applicant, Diversified Pacific Develop ment Group LLC., (Permittee/Owner) submitted applications for an Amended Master Development Plan (MDP-2021-2430), Revised Tentative Tract Map (TTM-2021-2428) and Revised Development Plan Permit (RP-2021-2429) for the development and subdivision of 22 gross acres for 62 single-family det ached and neotraditional residential units k nown as Ivy House (“Project”). T he site has a Land Use Designation of Single Family in the General Plan and is zoned Residential Single Family 1 (RS- 1); and

WHEREAS, The project site is located in the Downtown Murrieta Specific Plan (DMSP) area and is subject to the requirements of the Residential Single-Family 1 (RS-1) zone. The RS-1 zone within the DMSP requires a minimum lot size of 7,200 square feet but allows lots as small as 5,000 with the adoption of a Master Plan Overlay. The Master Development Plan development standards also would apply. The DMSP serves as a Master Plan Overlay pursuant to Section

16.16.010(C)(1). of the Murrieta Municipal Code (Development Code); and

WHEREAS, pursuant to Sect ion 16.16.010(C)(2) of the Develop ment Code, a Master Plan Overlay shall be implemented by a Master Develop ment Plan (in accordance with Chapter 16.64 of the Development Code); and

WHEREAS, pursuant to the provisions of the Cali fornia Environmental Quality Act, Public Resources Code Section 21000 et seq. (“CEQA”) the Project is subject to review under CEQA, and the City of Murrieta as the lead agency, is responsible for assessing the environmental impacts, if any, which may result from the Project; and

WHEREAS, in accordance with CEQA Guidelines (Cal. Code. Regs. Title 14) Section 15164, an Addendum to the previously certified Mitigated Negative Declaration (MND) has been prepared as none of the criteria under CEQA Guidelines Sect ion 15162 has occurred; (1) there are no substantial changes to the Project that require major revisions to the MND due to new significant environmental effects, (2) there are no substantial changes with respect to the circumstances under Resolution No. 23-4707

Page 2 of 13 ends

which the Proje ct is considered that involve any new significant environmental effects or substantial increase in the severity of previously identified significant effects, and (3) no new information that shows the Project will have more significant effects not previously discussed, no new significant effects previously examined will be substantially more severe than previously shown, no new mitigation measures are necessary; and

WHEREAS, a public hearing was duly noticed for the Planning Commission meeting of June 14, 2023, by mailing a notice to property owners within a 300-foot radius of the site on June 4, 2023, publishing the notice in The Press-Enterprise newspaper on June 4, 2023, and posting the Project site on June 4, 2023; and

WHEREAS, pursuant to Development Code Section 16.64.040, the council is authorized to approve master development plans and amendments. The Planning Commission sha ll provide written re commendations to the council regarding ma ster development plan adoption and amendments; and

WHEREAS, on June 14, 2023, the Planning Commission of the City of Murrieta held a duly noticed public hearing, and after considering all written and oral reports of staff, public testimony on the matter, and written and oral testimony provided by the applicant, recommended the City Council ap prove the Master Devel opment Plan Amendm ent; Development Plan Revision, a nd Tentative Tract Map Revision; and

WHEREAS, a public hearing for the Project was held by the Planning Commission on June 14, 2023, at which time reports, recommendations, and public statements were considered; and

WHEREAS, at i ts mee ting on June 14, 2023, the Planning Comm ission used i ts i ndependent judgment and considered all the reports, recommendations, and testimony set forth above, voted (5-0) recommending approval; and

WHEREAS, a hearing on the matter was duly noticed as provided in Development Code section

16.76 for the City Council meeting of October 3, 2023; and

WHEREAS, at its meeting on October 3, 2023 the City Council held the public hearing and continued the hearing to October 17, 2023

NOW, THEREFORE, THE CI TY COUNCIL OF THE CI TY OF MURRIETA, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The City Council approves and adopts the necessary ordinances to implement the Amended Master Development Plan 2021-2430 in accordance with the following findings pursuant to Chapter 16.64 of the Development Code:

1. The proposed Master Development Plan is consistent with the objectives, policies, general land uses, programs, and actions of all elements of the general plan.

Resolution No. 23-4707

Page 3 of 13 ends

FACTS: The proposed Amended Master Development Plan establishes st andards consistent with the General Plan and Downtown Murrieta Specific Plan, including Goal LU-17: Historic Murrieta as the City’s cultural, civic, and community center. Policy LU-

17.3 Encourage the location of civic, institutional, office uses, and other job-creating uses in Historic Murrieta. Supportive residential development should be encouraged. This project provides supportive residential development to implement Goal and Policy LU-17, LU-17.3. Goal ED-10: A revitalized and economically st able Historic Downtown Murrieta. Policy ED -10.5 Consider oppor tunities for the development of higher-density residential uses to support commercial development within the Historic Downtown. The standards for the Residential Single Family 1 (RS-1) zone, the site design, and architectural standards are in Section 5.0. The Amended Master Development Plan identifies the distribution, location, and extent of land uses with in a d evelopment site and identifies regulations and criteria for the development of the site. The density is 3.5 d.u. per acre for the RS-1 zoned properties and is within the permitted range of this zone with the adoption of the Amended Master Development Plan. The proposed project preserves and dedicates natural resources related to Murrieta Creek and implements several components of the site design and architectural standards in Section 5.0 of the Downtown Specific Plan such as landscaped parkways, street trees for each lot, alleys and alley-loaded garages, and f ront porches.

2. The Master Development Plan adequately addresses the physical development characteristics of the subject site.

FACTS: The project site will be graded for proper drainage to Murrieta Creek and to comply wi th f lood zone requirements of the Federal Emergency Management Agency (FEMA). The proposed project design provides 40% of the project site as open space. The Project does not impact, and is found to be consistent with, the Army Corps of Engineers and Riverside County Flood Control District Murrieta Creek Improvement project in regard to establishing the top of the bank and setbacks from ultimate improvements.

3. The development standards contained in the Master Development Plan serve to protect the public convenience, health, safety, and general welfare.

FACTS: The proposed Master Development Plan will contribute to the completion of links and improvements in t he City’s circulation a nd trail system. The prop osed project incorporates water quality management me asures and furthe rs the objectives of the Downtown Murrieta Specific Plan. Development standards are identified to be consistent with the Development Code to protect the public convenience, health, safety, and general welfare.

4. The Master Development Plan is consistent with all applicable requirements of local ordinances and state law.

Resolution No. 23-4707

Page 4 of 13 ends

FACTS: The proposed Master Development Plan is consistent with the Downtown Murrieta Specific Plan, including the standards for the RS-1 zone. Pursuant to Section

16.16.010(C)(1) of the Development Code, a Master Plan Overlay shall be implemented by a Master Developm ent Plan and the Downtown Murrieta Specific Plan serves as the overlay. The Project has been subject to a joint project review and findings by the Regional Conservation Authority which found that the Project is consistent with the criteria of the Multiple Species Habitat Conservation Plan. All permits relating to building permits, water quality management, regional drainage systems, and natural watercourses will be obtained.

5. The proposed Master Development Plan or amendment would be in compliance with the provisions of the California Environmental Quality Act (CEQA).

FACTS: An addendum to the previously certified Mitigated Negative Declaration (MND) was prepared in compliance with CEQA Gu idelines Section 15164. The residential development is not proposing any substantial changes that will require any substantial revisions to the Mitigated Negative Declaration (MND) previously certified since there will be no new significant environmental effects or an increase in the severity of any identified significant effects; there have been no new substantial changes in the circumstances under which the Project was undertaken which will require ma jor revisions of the previous certified MND; and no new information of substantial importance has been discovered. The Project is subject to the previous mitigation measures identified in the Mi tigation Monitoring and Reporting Program (MMRP).

FACTS: The amended Master Development Plan is consistent with the Downtown Murrieta Specific Plan, including the standards for the RS-1 zone. Pursuant to Section

16.16.010(C)(1) of the Development Code, a Master Plan Overlay shall be implemented by a Master Developm ent Plan and the Downtown Murrieta Specific Plan serves as the overlay. The amended Master Development Plan replaces and voids the previous master development plan and would not create internal inconsistencies within the amended Master Development Plan. The project has been subject to a joint project review and findings by the Regional Conservation Authority which found that the project is consistent with the criteria of the Multiple-Species Habitat Conservation Plan.

7. The proposed Master Development Plan would be in compliance with the provisions of the Multiple Species Habitat Conservation Plan (MSHCP).

Page 5 of 13 ends

with the goals and policies of the MSHCP with recommendations to implement certain measures. The City h as required impl ementation of the se measures as conditions of approval. Therefore, the City determines the project is consistent with MSHCP.

SECTION 2. Findings of Approval for Revised Tentative Tract Map 2021-2428 (TTM 34439) pursuant to Development Code Section 16.94:

1. The proposed revised Tentative Tract Map, design, or improvement is consistent with the objectives, policies, general land uses, and programs of the General Plan, and any applicable specific plans or master development plan, as specified by State Law.

FACTS: The revised Tentative Tract Map (TTM) is c onsistent with the objectives, policies, general land uses, and programs of the General Plan, the Downtown Murrieta Specific Plan, the Amended Master Development Plan (MDP), and all applic able provisions of the Development Code. The map is consistent with the Downtown Murrieta Specific Plan, the revised TTM is consistent with the standards for the RS-1 zone and the Amended MDP development standards. The density is consistent with the RS-1 base zone and within the permitted range for th is zone. General Plan Goal LU-1 - Provide a complementary balance of land uses throughout the community that meets the needs of existing residen ts and businesses as well as anticipated growth and achieves the community’s vision. The Project implements this Goal by providing subdivided lots that will accommodate single-family residential uses for the City of Murrieta. The Project is consistent with Policies LU-1.2, LU-1.3, and LU -1.6 – Land use designations that will provide for a wide range of densities, ensure opportunities for all types of housing, and promote future patterns of development and land use that reduce infrastructure construction costs and make better use of existing and planned public facilities. As the Project is consistent with the General Plan designation, the Project implements t hese policies by implementing the land use pattern envisioned in the General Plan. The project would allow for more efficient delivery of infrastructure, transportation, and other public services to the site and the surrounding area. The Project provides for halfway improvements, and full st reet improvements, including curb, gut ter, and sidewalk to several streets that are part of the General Plan Circulation Ele ment (e.g., B Street and New Clay Street).

Staff has analyzed the Project design, including conceptual street plans, grading plans, hydrology, stormwater, traffic, and the tentative tract map to ensure the Project provides for a consistent design for fu ture public and pr ivate streets. GOAL CIR-1 A ci rculation system that serves the internal circulation needs of the City, while also addressing the inter- community or travel needs. This goal is achieved by the review of Engineering and CIP staff for the included public roads such as B Street and New Clay Street. As stated in the following policy, CIR-1.5 is to maintain a set of street standards and require that all Resolution No. 23-4707

Page 6 of 13 ends

new road facilities be constructed or upgraded, where feasible, to meet City standards. The General Plan GOAL CIR-2 instructs to have a comprehensive circulation system that promotes safety. The Project design demonstrates, and the confirmed review by staff and certification by the applicant’s engineer of work, demonstrates consistency with policy CIR-2.9, to ensure new roadways and intersections provide adequate sight distance for safe vehicular movement. GOAL CIR-6 Alternative t ravel modes and facilities are available to serve residents and employers/employees and reduce Vehicle Miles Traveled (VMT). The resultant lots that are created by the TTM will have subsequent entitlements and permits applied for, which will provide for job-related businesses to be near higher- density residential uses. This provides the opportunity for altern ative commute options, including pedestrian and bicycle use. The circulation system provides for sidewalks and bicycle lanes, to continue the connection of alternative modes of transit within the downtown specific plan area. In addition, the P roject relies upon VMT analysis, which shows consistency with policy CIR-6.15 Utilize VMT as the performance measure to be used for CEQA transportation analyses conducted in the City in order to be consistent with SB 743. VMT will be the performance measure for both land development and transportation projects as of July 1, 2020.

The Project includes the construction of sewer, water, stormwater, sidewalks, pathways, and roads. In confirming conformance with the Infrastructure Element of the General Plan, staff and Applicant have coordinated with the respective water/sewer district to ensure the Project is conditioned to provide adequate services for future business and residential uses.

The revised TTM design demonstrates consistency with GOAL INF-1 New development and redevelopment are coordinated with the provision of adequate infrastructure for water, sewer, stormwater, and energy. Also, INF-1.4 - Ensure that new development and redevelopment provide infrastructure for water, sewer, and stormwater that adequately serves t he proposed uses, and t hat has been coordinated with affected infrastructure providers. Lastly, with analysis of the Water Quality Management Plan, the Project complies with stormwater regulations, for Policy INF-1.11 - Ensure sufficient levels of storm drainage service are provided to protect the community from flood hazards and minimize the discharge of materials into the storm drain system that is toxic, or which would obstruct flows. The proposed TTM is consistent with the Subdivision Map Act as specified by state law and implemented by the City. The proposed project preserves and dedicates natural resources related to Murrieta Creek.

2. The site is physically suitable for the type or density of development proposed.

Page 7 of 13 ends

compatible with the existing surrounding and adjacent properties. The proposed project is easily accessible and served at its perimeter by existing public infrastructure that will be continued onto the project site. The proposed subdivision is physically suitable for the type and density (3.5 dwelling units per acre) of the proposed development and is in harmony, scale, height, bulk, density, and coverage with st andards for neo-traditional residential neighborhoods.

3. The design of the proposed Tentative Tract Map and improvements is unlikely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

FACTS: The proposed subdivision has preserved the most environmentally sensitive areas for open space and conservation. An addendum to the previously certified Mitigated Negative Declaration (MND) was prepared in compliance with Sections 15162 and 15164 of the Guidelines for the California Environmental Quality Act (Cal. Code Regs. Title 14).

The Project is subject to the previous mitigation me asures identified in the Mitigation Monitoring and Reporting Program (MMRP). All permits will be obtained as needed from the Western Riverside County Flood and Water Conservation District which manages compliance with water quality control and stormwater pollution prevention. Impacts to jurisdictional areas propose mitigation and appropriate permits will be obtained f rom applicable state or federal government agencies.

4. The design of the proposed Tentative Tract Map and improvements is unlikely to cause serious public health problems.

FACTS: The proposed subdivision is designed with adequate open space, safe circulation, and proper drainage. The proposed construction will comply with all applicable fire, building, and safety codes. Since a portion of the project site is located within the 100- year and 500-year flood haza rd zones, the design also incorporates Federal Emergency Management Agency (FEMA) and General Plan requirements. The permittee has obtained a Conditional Letter of Map Revision from FEMA.

5. The design of the subdivision of the type of improvements would not conflict with easements, acquired by the public at large for access through or use of property within the proposed subdivision.

FACTS: The project will be dedicating property and easements which complete natural drainage systems, wildlife habitat, and linkage routes and other public improvements which satisfy overall public policy and goals for the public at large and/or specific regional concerns.

6. The proposed subdivision is consistent with the Multi-Species Habitat Conservation Plan (MSHCP).

Resolution No. 23-4707

Page 8 of 13 ends

FACTS: The City of Murrieta adopted the Multiple Species Habitat Conservation Plan (MSHCP) on September 16, 2003. The proposed development site is within Criteria Area #6314 and proposed constrained linkage #13 as defined by the MSHCP. A Joint Project Review was completed by the Western Riverside Conservation Authority (JPR-07-05-22- 04 on October 26, 2007, determining the proposed project is consistent with the goals and policies of the MSHCP with recommendations to implement certain measures. The City has required the implementation of these measures as conditions of appr oval. Therefore, the City determines the project is consistent with MSHCP.

SECTION 3. Findings of Approval for Revised Permit Development Plan 2021-2429 pursuant to Development Code Section 16.56.040:

1. The proposed use is allowed within the subject zoning district and complies with all applicable provisions of the Murrieta Development Code.

FACTS: Modifications to development standards are permitted with the approval of an Amended Master Development Plan (MDP) City of Murrieta Development Code (Section

16.16.010). The proposed MDP for residential use establishes standards consistent with the City of Murrieta Development Code Chapter 16.64, and Section 16.16.010, and the Downtown Murrieta Specific Plan (DMSP). The MDP identifies the distribution, location, and extent of land use within a development site and identifies regulations and criteria for the development of the site. The density is 3.5 for the RS-1 zoned properties and is within the permitted range of this zone. The Project preserves and dedicates natural resources related to Murrieta Creek and implements several components of t he site design and architectural standards in Section 5.0 of the DMSP such as landscaped parkways, street trees for each lot, alleys and alley-loaded garages, and front porches. The use is allowed in the City of Murrieta DMSP (Section 4.0 Table 4-1) which allows for a single-family residential, with approval of a Development Plan permit.

2. The proposed use would be consistent with the objectives, policies, general land uses and programs of the General Plan and any applicable specific plan.

FACTS: The proposed Tentative Tract Map (TTM) and Development Plan (DP), together with the provisions for its design and improvements, are in conformance with the General Plan, the Downtown Murrieta Specific Plan (DMSP), and Amended Master Development Plan. The proposed Master Development Plan establishes standards consistent with the DMSP, including Goal LU-17: Historic Murrieta as the City ’s cultural, civic, and community center. Policy LU-17.3 Encourage the location of civic, institutional, office uses, and other job-creating uses in Historic Murrieta. Supportive residential development should be encouraged. Goal ED-10: A revit alized and e conomically st able Historic Downtown Murrieta. Policy ED-10.5 Consider opportunities for the deve lopment of higher-density residential uses to support commercial development within the Historic Resolution No. 23-4707

Page 9 of 13 ends

Downtown. The st andards for the Residen tial Single Family 1 (R S-1) zone, the site design, and architectural standards are in Section 5.0.

The Master Development Plan identifies the distribution, location, and extent of land uses within a development site and identifies regulations and criteria for the development of the site. The density is 3.5 for the RS-1 zoned properties and is within the permitted range of this zone with the adopt ion of the amended Master Development Plan. The proposed project preserves and dedicates natural resources related to Murrieta Creek and implements several components of the site design and architectural standards in Section

5.0 of the DMSP such as landscaped parkways, street trees for each lot, alleys and alley- loaded garages, and front porches. The revised Tentative Tract Map and Development Plan are consistent with the objectives, policies, general land uses, and programs of the General Plan, the DMSP, the Amended Master Development Plan, a nd all applicable provisions of the Development Code. The TTM and DP are consistent with the DMSP, the proposed TTM and DP are consistent with the standards for the RS-1 zone and the Amended Master Development Plan development standards. The density is consistent with the RS-1 base zone and within the permitted range for this zone. General Plan Goal LU-1 - Provide a comp lementary balance of land uses throughout the community that meets the needs of e xisting residents and businesses as well as anticipated growth and achieves the community’s vision. The Project implements this Goal by providing subdivided lots that will accommodate re sidential uses for the City of Murrieta. The Project is c onsistent with Policies L U-1.2, LU-1.3, and LU -1.6 – Land use des ignations that will provide for a wide range of densities, ensure opportunities for all types of housing, and promote fu ture patterns of development and land use that reduce in frastructure construction costs and make better use of existing and planned public facilities. As the Project is consistent with the General Plan des ignation, the Project i mplements these policies by implementing the land use pattern envisioned in the General Plan.

The project would allow for more efficient delivery of infrastructure, transportation, and other public services to the site and the surrounding area. The Project provides for halfway improvements, and full st reet improvements, including curb, gut ter, and sidewalk to several streets that are part of the General Plan Circulation Ele ment (e.g., B Street and New Clay Street). Staff has analyzed the Project design, including conceptual street plans, grading plans, hydrology, stormwater, and traffic reports, to ensure the Project provides a consistent design for future public and private streets. GOAL CIR-1 A circulation system that serves the internal ci rculation needs of the City, while also addressing the i nter- community or travel needs. This goal is achieved by the review of Engineering and Capital Improvement Program (CIP) staff for the included public roads such as B Street and New Clay Street. As stated in the following policy, CIR-1.5 is to maintain a set of street standards and require that all new road facilities be constructed or upgraded, where Resolution No. 23-4707

Page 10 of 13 ends

feasible, to meet City standards. The General Plan GOAL CIR-2 instructs to have a comprehensive circulation system that promotes safety. The Project design demonstrates, and the confirmed review by staff and certification by the applicant’s engineer of work, demonstrates consistency with policy CIR-2.9, to ensure new roadways and intersections provide adequate sight distances for safe vehicular movement. GOAL CIR-6 Alternative travel modes and facilities are available to serve residents and employers/employees and reduce VMT. The resultant lots t hat are created by the TTM will have subsequent entitlements and permits applied for, which will provide for job-related businesses to be near higher-density residential uses. This provides the opportunity for alternative commute options, including pedestrian and bicycle use. The ci rculation sys tem provides for sidewalks and bicycle lanes, to continue the connection of alternative modes of transit within the downtown specific plan area. In addition, the Project relies upon VMT analysis, which shows consistency with policy CIR-6.15 - Utilize VMT as the performance measure to be used for CEQA transportation analyses conducted in the City to be consistent with SB 743. VMT is the performance measure for both land development and transportation projects as of July 1, 2020.

The TTM design demonstrates consistency with GOAL INF-1 - New deve lopment and redevelopment are coordinated with the provision of adequate infrastr ucture for w ater, sewer, stormwater, and energy. Also, INF-1.4 - Ensure that new deve lopment and redevelopment provide in frastructure for water, sewer, and stormwater that adequately serves the proposed uses, and that has been coordinated with affected infrastructure providers. Last ly, with analysis of the Water Quality Management Plan, the Project complies with stormwater regulations, for Policy INF-1.11 - Ensure sufficient leve ls of storm drainage service are provided to protect the community from flood hazards and minimize the discharge of materials into the storm drain system that are toxic, or which would obstruct flows. The proposed TTM and DP are consistent with the Subdivision Map Act as specified by state law and implemented by the City. The proposed Project preserves and dedicates natural resources related to Murrieta Creek.

3. The approval of the development plan for the proposed use is in compliance with the requirements of the California Environmental Quality Act (CEQA) and there will be no potentially significant negative impacts on environmental quality and natural resources that could not be properly mitigated and monitored.

FACTS: An addendum to the previously certified Mitigated Negative Declaration (MND) was prepared in compliance with Sections 15162 and 15164 of the California Environmental Quality Act Guidelines. The residential development is not proposing any substantial changes that will require any substantial revisions to the certified MND due to Resolution No. 23-4707

Page 11 of 13 ends

the involvement of new significant environmental effects or an increase in the severity of any identified significant effects; there have been no new subs tantial changes in the circumstances under which the Project was undertaken which will require major revisions of the previous certified MND; and new information of substantial importance has not been discovered. The Project is subject to the previous Mitigation Measures identified in the Mitigation Monitoring and Reporting Program (MMRP).

4. The location, size, design, and operating characteristics of the proposed use would be compatible with existing land uses within the general area in which the proposed use is to be located.

FACTS: As conditioned, the proposed Project is compatible with t he intensity of development for the current land use, and the existing surrounding land uses. The Project site is c urrently vacant. The proposed pro ject is in an existing resid ential ar ea and is physically compatible with the existing surrounding and adjacent properties. The proposed project is easily accessible and served at its perimeter by existing public infrastructure that will be continued onto the project site. The proposed neo-traditional small lot development is consistent with the existing residential area and consistent with the previous 1884 land division. The bulk and scale of the residential use are compatible uses within the general area regarding size, design, and location.

5. The site is physically suitable for the type or density of development proposed.

FACTS: The project site will be graded for proper drainage to Murrieta Creek and to comply with flood zone requirements of the Federal Emergency Management Agency (FEMA).

The proposed project is in an existing rural residential area and is physically compatible with the existing surrounding and adjacent properties. The proposed project is easily accessible and served at its perimeter by existing public infrastructure that will be continued onto the project site. The proposed subdivision is physically suitable for the type or density of the proposed development and is in harmony, scale, height, bulk, density, and coverage with standards for neo-traditional residential neighborhoods.

6. There are adequate provisions for sanitation, water, and public utilities and services to ensure public convenience, health, safety, and general welfare.

FACTS: The Project is designed with adequate common open space, safe circulation, and proper drainage. The site will be served by all necessary public utilities and infrastructure.

These provisions are available from existing on-site connections via B Street and New Clay Avenue. The proposed construction will comply with all applicable fire and building safety codes.

7. The proposed project is consistent with the Multiple Species Habitat Conservation Plan (MSHCP).

Resolution No. 23-4707

Page 12 of 13 ends

FACTS: The City of Murrieta adopted the Multiple Species Habitat Conservation Plan (MSHCP) on September 16, 2003. The proposed development site is within Criteria Area #6314 and proposed constrained linkage #13 as defined by the MSHCP. A Joint Project Review was completed by the Western Riverside Conservation Authority (JPR-07-05-22- 04 on October 26, 2007, determining the proposed project is consistent with the goals and policies of the MSHCP with recommendations to implement certain measures. The City has required the implementation of these measures as conditions of approval. Therefore, the City determines the project is consistent with MSHCP.

SECTION 4 Murrieta Development Code Section 16.64.100 states that Master Development Plans may be adopted by Ordinance. The recommended Ordinance is attached as Attachment 1, Exhibit A.

SECTION 5. The applicant concurrently has filed applications for a revised Development Plan and revised Tentative Tract Map (#34439) which would implement the amended Master Development Plan. The Conditions of Approval proposed for adoption with those applications also would be applicable to the amended Master Development Plan. Any proposed change to the Development Plan or subdivision which would cause the conditions of approval to be modified would subject the Master Development Plan to a Periodic Review pursuant to Section 16.64.120 of the Development Code to ensure compliance and demonstrate consistency to the satisfaction of the Development Services Department Director.

SECTION 6. Pursuant to the above findings, the City Council of the City of Murrieta adopts the Addendum to the Mitigated Nega tive Declaration (MND) under the California Environmental Quality Act (CEQA) Guidelines Section 15164 and approval of an Amended Master Development Plan (MDP-2021-2430), Revised Tentative Tract Map (TTM-2021-2428 #34439) and Revised Permit Development Plan (RP-2021-2429), subject to the Conditions of Approval in Exhibit “B”, Exhibit “C,” Exhibit “D”, and Exhibit "E".

PASSED AND ADOPTED this 17th day of October, 2023.

Lisa DeForest, Mayor

ATTEST:

Cristal McDonald, City Clerk
Resolution No. 23-4707

Page 13 of 13 ends

APPROVED AS TO FORM:

Tiffany J. Israel, City Attorney

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )§

CITY OF MURRIETA )

I, Cristal McDonald, City Clerk of the City of Murrieta, California, do hereby certify that the foregoing Resolution No. 23-4707 was duly passed and adopted by the City Council of the City of Murrieta at the regular meeting thereof, held on the 17 th day of October, 2023, and was signed by the Mayor of the said City, and that the same was passed and adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Cristal McDonald City Clerk
ORDINANCE NO. 597-23

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MURRIETA,

CALIFORNIA, APP ROVING AND ADOPTING AMENDED MASTER
DEVELOPMENT P LAN MDP-2021-2430 ON A 22-ACRE SITE TO BE DEVELOPED WITH 62 SINGLE-FAMILY DETACHED LOTS WITH RELATED

IMPROVEMENTS FOR CIRCULATION, INFRASTRUCTURE, AND MURRIETA

CREEK LOCATED EAST OF MURRIETA CREEK, WEST OF NEW CLAY AVENUE, AND SOUTH OF “B” STREET WITHIN THE RESIDENTIAL SINGLE- FAMILY 1 (RS-1) ZONE OF THE DOWNTOWN MURRIETA SPECIFIC PLAN (DMSP) AREA (APN’s 906-193-001, 906-200-001, 002, 906-212-001, 906-221-001, 002)

WHEREAS, the applicant, Diversified Pacific Development Group LLC., (Permittee/Owner) submitted applications for an Amended Master Development Plan (MDP-2021-2430), Revised Tentative Tract Map (TTM-2021-2428) and Revised Development Plan Permit (RP-2021-2429) for the development and subdivision of 22 gross acres for 62 single-family detached and neotraditional residential units known as Ivy House (“Project”). The site has a Land Use Designation of Single Family in the General Plan and is zoned Residential Single Family 1 (RS-1); and

WHEREAS, pursuant to Development Code section 16.64.040, the City Council is authorized to approve master development plans and amendments. T he Planning Commission shall provide written recommendations to the council regarding master development plan adoption and amendments; and

WHEREAS, on June 14, 2023, the Planning Commission of the City of Murrieta held a duly noticed public hearing, and after considering all written and oral reports of staff, public testimony on the matter, and written and oral testimony provided by the applicant, recommended the City Council approve the Master Development Plan Amendment; Development Plan Revision and Tentative Tract Map Revision; and

WHEREAS, a public hearing for the Project was held by the Planning Commission on June 14, 2023, at which time reports, recommendations, and public statements were considered; and

WHEREAS, at its meeting on June 14, 2023, the Planning Commission used its independent judgment and considered all the reports, recommendations, and testimony set forth above, voted (5-0) recommending approval to the City Council; and

WHEREAS, a hearing on the matter was duly noticed as provided in Development Code section 16.76 for the City Council meeting of October 3, 2023; and

WHEREAS, a public hearing was duly noticed for the City Council meeting of October 17, 2023, for the Second Reading,

PROPOSED
Ordinance No. 597-23

Page 2 of 5 ends

NOW, THEREFORE, the City Council of the City of Murrieta, California, does ordain as follows:

SECTION 1. FINDINGS

1. The proposed Master Development Plan is consistent with the objectives, policies, general land uses, programs, and actions of all elements of the general plan.

2. The Master Development Plan adequately addresses the physical development characteristics of the subject site.

3. The development standards contained in the Master Development Plan serve to protect the public convenience, health, safety, and general welfare.

PROPOSED
Ordinance No. 597-23

Page 3 of 5 ends

4. The Master Development Plan is consistent with all applicable requirements of local ordinances and state law.

5. The proposed Master Development Plan or amendment would be in compliance with the provisions of the California Environmental Quality Act (CEQA).

7. The proposed Master Development Plan would be in compliance with the provisions of the Multiple Species Habitat Conservation Plan (MSHCP).

FACTS: The City of Murrieta adopted the Multiple Species Habitat Conservation Plan (MSHCP) on September 16, 2003. The proposed development site is within Criteria Area #6314 and

PROPOSED
Ordinance No. 597-23

Page 4 of 5 ends

SECTION 2. APPROVAL

SECTION 3. EFFECTIVE DATE

This ordinance shall take effect and be enforced thirty (30) days following its adoption.

ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this , 2023.
day of

Lisa DeForest, Mayor

ATTEST:

Cristal McDonald, City Clerk

APPROVED AS TO FORM:

Tiffany Israel, City Attorney

PROPOSED
Ordinance No. 597-23

Page 5 of 5 ends

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )§

CITY OF MURRIETA )

I, Cristal McDonald, City Clerk of the City of Murrieta, California, do hereby certify that the foregoing Ordinance No. 5 97-23 was duly passed and adopted by the City Council of the City of Murrieta at the regular meeting thereof, held on the ___th day of _______, 202_, and was signed by the Mayor of the said City, and that the same was passed and adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Cristal McDonald, CMC, City Clerk

I, Cristal McDonald, City Clerk of the City of Murrieta, California further certify that Ordinance No. 597-23 was duly published according to law and the order of the City Council of said City and the same was so published in Press Enterprise, a newspaper of general circulation on the following date(s):

Adopted Ordinance: , 2023.

In witness whereof, I have hereunto subscribed my name this __ day of ______________, 2023.

_____________________________
Cristal McDonald, CMC, City Clerk

PROPOSED

MDP-2021-2430 (MASTER DEVELOPMENT

PLAN) DEVELOPMENT STANDARDS

FOR IVY HOUSE
(EXHIBIT A)
(Modified by Planning Commission June 14, 2023)

Boundaries consist of Assessor Parcel Numbers:

906-193-001
906-200-001
906-200-002
906-212-001
906-221-001
906-221-002

Development Standards -

PROPOSED

a. Additions - All additional building area proposed after the initial construction of each lot are subject to:

• Approval by the Homeowners Association or Property Owners Association, and

• Administrative review, including architecture, by the Planning Director or his/her designee.

c. Parking -
• Parking within the Alley ROW is prohibited and will be enforced via Homeowners Association or Property Owners Association and will have no parking signs placed onsite.

d. Walls, Gates, and Fences -

• Gates separating the alley right of way and garage face are prohibited.

• Outdoor Storage in an unfenced area is prohibited.

2 PROPOSED

DRAFT CONDITIONS OF APPROVAL
REVISED DEVELOPMENT PLAN PERMIT 2021-2429, TENTATIVE TRACT MAP #34439 (TTM-2021-2428) AND
IMPLEMENTING MASTER DEVELOPMENT PLAN (MDP-2021-2430)
OCTOBER 17, 2023

PLANNING DIVISION
General:

1. Implementing Revised Permit Development Plan RP-2021-2429 (RP-2021-2429) and Tentative Tract Map 34439 (TTM-2021-2428) s hall not become effective until the effective date of Murrieta Ordinance No. 597-23 adopting Master Development Plan MDP- 2021-2430.

2. The permittee shall defend (with attorneys approved by the City), indemnify, and hold harmless the City of Murrieta, its agents, officers, and employees f rom any claims, damages, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning this application. The City will promptly notify the permittee and property owner of any such claim, action, or proceeding against the City and will cooperate fully in the defense.

3. Any fees due the City of Murrieta for processing this project shall be paid to the City within thirty (30) calendar da ys of final action by the approval authority including consultant fees and additional noticing requirements. Failure to pay such outstanding fees within the time specified shall invalidate any approval or conditional approval granted. No permits, site work, or other actions authorized by this action shall be processed by the City, nor permitted, authorized, or commenced until all outstanding fees are paid to the City.

4. The project approval (Implementing Development Plan) is for the construction of 62 single-family units with detached garages, installation of necessary utilities, drainage, landscaping, and associated improvements. All construction plans shall be in substantial conformance with the approved site plans, floor plans, elevations, material and color board(s), landscaping plans and grading plans date approved October 3, 2023, as modified by these conditions of approval. The land division hereby permitted is to subdivide 21.96 acres into 62 residential lots, 4 open space lots, and associated road and drainage improvements. Any proposed change substantially di fferent than the approved plan shall require an amendment to this approval in accordance with the Development Code.

5. The project shall be in substantial conformance with all adopted environmental mitigation measures, any written project proposal information and any verbal agreements or representations made to the decision-making body as part of its consideration of the project. Any proposed change substantially different than the approved project shall require an amendment to this approval in accordance with the Development Code.

6. Pursuant to Section 711.4 of the State of California Fish and Game Code, the permittee is required to pay a $2,406.75 handling fee and a $50.00 processing fee. Said fees shall be paid to the Clerk/Recorder of the County of Riverside at the time the Notice of Determination is filed pursuant to Section 21152 of the Public Resources Code. If this fee is not paid, the approval of this project shall not be operative, vested, or final. In

Conditions of Approval
RP-2021-2429/TTM-2021-2428/DP-2021-2430/
OCTOBER 17,
2023

Page 2 of 37 ends

order to comply with State mandated timelines for filing of a Notice of Determination the

above fee must be delivered to the Planning Division within two (2) working days after the Effective Date.

7. The development of these premises shall comply with the standards of the City’s Development Code, the Downtown Murrieta Specific Plan and the Ivy House Master Development Plan (MDP 2021-2430) and all other applicable State and Federal codes.

8. Subsequent modifications of this approval, which do not intensify the use, including but not limited to reorientation of structures, alteration of parking and circulation design, minor changes to the conditions of approval, interpretations of the conditions of approval relative to intent, necessity of, and timing, may be approved by the Planning Director, unless the Director requires a Substantial Conformance or Revised Permit application in accordance with the Development Code.

9. The permittee shall pay all applicable impact and/or mitigation fees or provide proof that all required fees have been paid in accordance with City policies and ordinances in effect at the time of permit issuance.

10. Any existing approval for the use of, or development on, this property shall become null and void upon final approval of a grading or building permit by the City of Murrieta.

11. The permittee shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance.

12. The permittee shall obtain approval of all necessary plans for the construction of structures on the subject property in accordance with the Murrieta Development Code.

Such plans include, but are not limited to, site plans, floor plans, building ele vations, grading plans, and landscaping plans.

13. The Implementing Development Plan approval shall be used within two (2) years of approval date or prior to the expiration of TTM-2021-2428 (January 17, 2026), otherwise it shall become null and void and of no effect whatsoever. “Used,” means the beginning of substantial construction contemplated by this approval which is thereafter diligently pursued to completion or to the actual occupancy of existing buildings or land under the terms of the authorized use, in accordance with Development Code 16.80.

14. This approval/use shall be used/established within three (3) years of the Effective Date, otherwise it shall become null and void and of no effect whatsoever. “Used,” means implementation of the authorized use, in its entirety, in accordance with these conditions of approval.

15. The project shall be developed in compliance with all applicable requirements and standards identified within the City’s Development Code for Residential Single-Family 1 (RS-1), Master Development Plan 2021-2430, and the Downtown Murrieta Specific Plan (DMSP).

16. All residential lots shall meet the minimum lot size and the Development Standards required by the applicable zoning district, unless amended by MDP-2021-24230. The minimum lot size shall be exclusive of any easements for Public Works or Community Services Department purposes.

Conditions of Approval
RP-2021-2429/TTM-2021-2428/DP-2021-2430/
OCTOBER 17,
2023

Page 3 of 37 ends

a. Prior to precise grade plan approval, all units shall be reviewed to comply with Master Development Plan 2021-2430.

17. The City is located within the Mt. Palomar Special Lighting Area, as defined in Section

16.18.110 of the Development Code, low pressure sodium vapor lighting or overhead high pressure sodium vapor lighting with shields or cut off luminaries, shall be utilized.

18. All parking lot lights and other outdoor lighting shall be shown on electrical plans submitted to the Division of Building and Safety for plan check approval and shall comply with the requirements of Development Code Section 16.18.100-Lighting and 16.18.110- Mt Palomar Lighting Standards.

19. There shall be no offsite signage associated with this land division, except as otherwise provided by the City’s Development Code Section 16.38. Violation of this condition of approval may result in no further permits of any type being issued for this subdivision until the unpermitted signage is removed.

20. Tentative Tract Map No. 34439 shall record within two (2) years from the date of the approval or it shall become null and void unless an extension of time is granted pursuant to City regulations.

21. This land division shall comply with the State of California Subdivision Map Act and to all requirements of the City’s Development Code, unless modified by the conditions listed herein.

22. The effective City Council approval date of the original tentative map occurred on July 17, 2008 (30 days after adoption of Ordinance for master Development Plan ). All determinations of whether the land division is eligible for an extension of time shall be based on this original approval date.

23. The permittee, or any successor-in-interest to the land divider, shall be responsible for maintenance and upkeep of all slopes, trail easements, landscaped areas and irrigation systems within the land division until such time as those operations are the responsibility of the individual home owners, a home owners association, or any other successor-in- interest.

24. The permittee shall comply and implement all mitigation measures identified in the mitigated negative declaration’s mitigation monitoring and reporting program.

Prior to issuance of grading permits:

25. Construction of this project may be done progressively in phases provided a phasing plan is submitted (with appropriate fees) to the Planning Division and approved prior to issuance of any grading permits.

26. Parcels/lots that have a rear yard facing/abutting a City designated Arterial Street shall not be allowed to take any access onto such street.

27. All grading for proposed new dwellings and/or accessory buildings shall occur within the approved building pad sites as identified on the approved Tentative Map.

Conditions of Approval
RP-2021-2429/TTM-2021-2428/DP-2021-2430/
OCTOBER 17,
2023

Page 4 of 37 ends

28. Prior to the issuance of grading permits, the project permittee shall comply with the

provisions of any existing City ordinance that has been established as a mitigation measure for the Stephens' Kangaroo Rat. These ordinances may include fee schedules, mechanisms for protecting habitat, or a combination thereof.

29. Prior to issuance of grading permits, the Planning Division shall determine if the deposit based fees for the project are in a negative balance. If so, any outstanding fees shall be paid by the permittee/developer prior to issuance of grading permits.

30. Prior to grading permit issuance, the permittee shall submit an arborist report in accordance with Development Code Section 16.42. The report shall identify all trees that qualify for preservation/relocation with appropriate recommendations, including mitigation recommendations for replacement of qualified mature trees.

31. The project shall comply with the provisions pertaining to construction activity as stated in Section 16.30.130 of the City of Murrieta Municipal Code:

(a) The operation of tools or equipment used in construction, drilling, repair, alteration, or demolition work is prohibited between the weekday hours of 7 P.M. and 7 A.M., or at any time on Sundays or holidays.

(b) Construction activities must be conducted in a manner that the maximum noise levels at the affected structures would not exceed those listed in Table 3-6 of the noise ordinance.

(c) All mobile or stationary internal combustion engine powered equipment or machinery s hall be equipped with suitable exhaust and air-intake silencers in proper working order.

Prior to final map recordation:

32. After approval of the Tentative Map and prior to the expiration of the map, the permittee shall cause the real property included within the Tentative Map, or any pert thereof, to be surveyed and a Final Map be submitted to the Engineering Department for review and approval.

33. The Planning and Engineering Department’s shall review any final map to ensure compliance wi th approved Tentative Map. All lot sizes and dimensions shall be in conformance with the development standards of Master Development Plan 2021-2430 and the Downtown Specific Plan.

34. An application for street naming shall be submitted to the Planning Department for review and approval (allow for a minimum of 30-days for review by city staff).

35. Permittee/Developer shall prepare a statement to be provided to the potential purchases of each subdivided lot, and included in escrow for the sale thereof, indicating the General Plan and zone designations for all properties abutting the Map boundaries, with direction to contact the City of Murrieta with questions concerning potential uses of undeveloped property and indicating that zoning may be subject to future change. The form of the letter shall be reviewed and approved by the City of Murrieta as a condition of Final Map approval.

Conditions of Approval
RP-2021-2429/TTM-2021-2428/DP-2021-2430/
October 3, 2023

Page 5 of 37 ends

36. The permittee shall, when applicable, provide a note on the final map or prepare an Environmental Constraints Sheet (ECS) to identify any issues of concern that need to be noted as affecting this map.

a. The City is located within the Mt. Palomar Special Lighting Area, as defined in Section 16.18.110 of the Development Code, low pressure sodium vapor lighting or overhead high pressure sodium vapor lighting with shields or cut off luminaries, shall be utilized.
b. The project site is located within the City’s Flood Hazard Zone area. A drainage report (dated March 23, 2007) and Flood Mitigation Study (dated July 26, 2006) is on file with the Planning Department for mitigation and grading requirements.

37. The subdivider/permittee shall submit the following documents to the City for review and approval by the City Attorney. A Homeowner’s As sociation or Property Owners Association shall be established for maintenance of private streets/alleys, drainage, and other common areas. Prior to the sale of any lot, the Property Owner Association shall be dissolved and a Homeowner’s Association shall be established for maintenance of private streets/alleys, drainage, and other common areas.

A declaration of covenants, conditions, and restrictions; and

A sample document conveying title to the purchaser of an individual lot or unit, which provides that, the CC&Rs are incorporated therein by reference.

The CC&Rs submitted for review shall (a) provide for a minimum term of 60 years, (b) provide for the establishment of a property owners association comprised of the owners of each individual lot or unit, (c) provide for ownership of the common area by either the property owners association or the owners of each individual lot or unit as tenants in common and (d) contain the following provisions verbatim:

i. Notwithstanding any provision in this Declaration to the contrary, the following provision shall apply:

ii. The property owners association shall have the right to assess the owners of each individual lot or unit for the reasonable c ost of maintaining the private streets, and common areas, and shall have the right to lien the property of any such owner who defaults in the payment of a maintenance assessment.

iii. An assessment lien, once created, shall be prior to all other liens recorded subsequent to the notice of the assessment or other document creating the assessment lien.

iv. This declaration shall not be terminated or substantially amended without prior written consent of the Development Services Director of the City of Murrieta or the City’s successor-in-interest.

v. A proposed amendment shall be considered substantial if it affects the extent, usage or maintenance of the private streets, common areas, and drainage.

Conditions of Approval
RP-2021-2429/TTM-2021-2428/DP-2021-2430/
OCTOBER 17,
2023

Page 6 of 37 ends

28. Prior to the issuance of grading permits, the project permittee shall comply with the

Incorporation, the Bylaws or the property owners association Rules and Regulations, if any, this declaration shall control.
.
vii. Third Party Beneficiary. All conditions, covenants and restrictions imposed by the City of Murrieta per TTM-2021-2428 and DP0-2021-2430 which are contained in these CC&Rs shall be covenants running with the land, and shall, in any event, and without regard to technical classification or designation, legal or otherwise, be, to the fullest extent permitted by law and equity, binding for the benefit and the favor of, and enforceable by the City of Murrieta, and its successors and assigns. Although the City of Murrieta shall be a beneficiary of these specific conditions, covenants and restrictions and shall have the right to enforce them, the City shall not be obligated hereunder to exercise such rights of enforcement

The CC&Rs shall provide a method for the maintenance of the common areas privately maintained slopes, and drainage course within the final map, and shall provide to the extent they are not adequately enforced as to the requirements in these conditions of approval t he City shall have the right there upon to enforce them, at the cost of the owner(s). Once approved, the declaration of covenants, conditions and restrictions shall be recorded at the same time that the final map is recorded.

38. The CC&Rs shall address the following items:
a. The use of chemicals or bi-products, such as manure and landscaping fertilization overspray and runoff, that are potentially toxic or may adversely affect wildlife species, habitat, or water quality shall incorporate measures to ensure that application of such chemicals does not result in discharge to the MSHCP conservation area.
b. Incorporate the Master Development Plan setbacks .
c. The Home Owners Association (HOA) or Property Owners Association (POA) shall maintain adequate alleyway and home address lighting throughout the project. Added by staff at Planning Commission direction

Project specific:

39. The color of all street and trail furniture (benches, and trash receptacles), and street lighting shall be RAL6009, Tannengrun, Fir green, Vert sapin.

40. The design of the street furniture (benches and trash receptacles) shall be a craftsman’s style (solduraproducts.com) and must match the style and model of the furniture at Town Square Park.

41. All street lighting and trail lighting shall be consistent with the attached lighting detail.

42. The Permittee/Owner shall provide a Cost Estimate prepared, signed, and stamped, by a registered architect. The cost estimate shall include all costs but not limited to plan preparation, plan check fees, permit fees, bonding, product costs, etc.

43. Security bonds, for the replacement costs as outlined in the final cost estimate(s), shall be in the form of a cash deposit, as approved by the City Planner.

Conditions of Approval
RP-2021-2429/TTM-2021-2428/DP-2021-2430/
October 3, 2023

Page 7 of 37 ends

44. The permittee shall install lighting to illuminate addresses on each home fronting a street

and/or alleyway. Property addresses shall be visible and illuminated during dark hours.

Added by staff at Planning Commission direction

45. The permittee shall install alleyway lighting as follows: buildings located on the alleyway shall have a light on the building illuminating the alleyway; buildings set back from the alleyway shall have a bollard light to provide adequate l ighting. Added by staff at Planning Commission direction

46. A taller streetlight style light, consistent with the attached exhibits, shall be located at the corner of the alleyway and public street. Added by staff at Planning Commission direction

Prior to building permit issuance:

47. If a model home complex is proposed, an application for a model home complex must be submitted in conformance with the City’s submittal requirements for review and approval prior to grading permit issuance.

48. A clearance letter from the Waste Management District shall be provided to the City’s Planning Division verifying acceptance of service.

49. The permittee/property owner, prior to any construction/development on a lot(s) shall post a notice on the site in a location accessible to the public. The notice shall include the contact information of whom to contact with the permittee/contractor and the City Of Murrieta. This shall be made available to the public to address concerns with construction activities related to the development of this project, including but not limited to: noise, dust control, construction traffic.

50. Prior to building permit issuance, evidence of a recorded final map shall be provided to the Planning Division.

51. Prior to building permit issuance, the permittee shall obtain approval for the project’s addressing.

52. Roof gutters and downspouts are not permitted on the exterior of the building unless satisfactorily integrat ed into the architecture as determined by Planning Department review prior to building permit issuance.

53. All lighting fixtures shall be designed with shielding or cut-off fixtures to project in a downward manner to minimize glare and to not shine directly upon adjoining property or public rights-of-way. A detailed lighting study (photometric) shall be provided prior to building permit issuance to demonstrate compliance with this condition.

54. Address numbers shall be installed on the garage frontage for each unit.

55. A wall sconce light shall be located on each garage front capable of illuminating the address numbers.

56. Prior to building permit issuance, three (3) sets of a final fence and wall plan shall be submitted for review and approval. The plan shall address the following items:

Conditions of Approval
RP-2021-2429/TTM-2021-2428/DP-2021-2430/
October 3, 2023

Page 8 of 37 ends

a. Plan must be consistent with the conceptual fence and wall plan, subject to maintenance responsibilities.
b. The plans must include proposed design and location of all proposed fence and walls including along the project perimeter.
c. Identify/note anti-graffiti coatings on fences and walls, where applicable. d. A wall/fence shall be constructed to prevent unauthorized access into the conservation area along the project frontage, subject to approval by the CSD, Engineering, and Planning Division.

Prior to Final Inspection:

57. Unless otherwise indicated, all conditions, mitigation measures and other requirements shall be fully constructed and implemented prior to final inspection of the building and/or site improvements.

If the project has been phased, all facilities (landscaping and irrigation) meant to serve the completed phase of development shall be installed in a usable condition prior to final Inspection.

LANDSCAPING

Prior to the issuance of grading permits:

58. Three printed copies and one digital copy of landscape construction plans shall be submitted to the Planning Division. A licensed Landscape Architect shall prepare the plans.

59. The landscape construction plans shall be in substantial conformance with the preliminary land scape plans as approved by the City’s Landscape Arc hitect, City Administrative Staff, Planning Commission and/or City Council. Notes, details, and specifications shall be included.

60. It is the responsibility of the landscape architect to be aware of and comply with the requirements and standards of Title 16.28 of the Murrieta Municipal Code, the City’s current policies, and current State of California water efficient landscape requirements.

61. It is the responsibility of the applicant and owner’s design team to be aware of and comply with the requirements of Title 16.42 Tree Preservation. The findings of the tree survey report and the proposed mitigation measures shall be noted and clearly illustrated on landscape construction drawings.

62. All planter areas shall provide a minimum 5 feet wide planter area clear of curbs, concrete step-out strips, walkways, walls, footings, and overhead supports. If narrower landscape areas are necessary due to site constraints, the restricted width planters are to have naturally narrow growing sub-shrubs.

63. Mature specimen trees in thirty-six inch or forty-eight inch boxes shall be provided for large projects in sufficient quantity to provide variety and emphasis at main focal areas.

Quantity and locations are subject to the review and approval of the director.

64. One street tree, and two yard trees are illustrate as required for each lot. Wherever the Conditions of Approval
RP-2021-2429/TTM-2021-2428/DP-2021-2430/
October 3, 2023

Page 9 of 37 ends

44. The permittee shall install lighting to illuminate addresses on each home fronting a street

this “alley” location. Specify a narrow canopy or small stature tree where planter area is limited.

65. Fire apparatus access roads shall be illustrated and noted on planting plan. Trees are to be located so that the mature canopies do not encroach into the access road clear zone of 28 feet wide and 13.5 feet high. Reposition any tree in conflict with this restriction.

66. Perimeter landscape design shall coordinate with surrounding properties. Select street trees to match adjacent existing or approved species. Shrub and ground cover selections are to match or compliment adjacent developments.

67. Provide enhanced corner planting using specimen trees and accent shrubs that do not conflict with vehicular line of sight. Limit shrubs to a maximum of 30” natural height.

68. Avoid plants that require cutting back to keep them within a specific area or at a trimmed height. Carefully select and locate plants where they will be allowed to grow to maturity and keep their natural shape.

69. Plant materials within vehicular line of sight impact areas are to be limited to a maximum of 30” natural height. Impact areas include but are not limited to project entries, drive aisles, and parking lot island planters.

70. Slopes shall be landscaped, at a minimum, according to City’s Slope Landscaping, Requirements for Subdivision Tract and Commercial Slopes document. Refer to City’s website under Planning Division, Applications and Forms, Landscape Handouts.

71. Planting design and materials utilized within biofiltration or detention basin areas shall be suitable for both dry and wet conditions and provide slope stabilization where necessary.

Planting design and materials are subject to the review and approval of the City’s Landscape Architect.

72. Bio-barrier root control devices shall be installed for all trees located within City right-of- way and for all trees within 10’ feet of the right-of-way and city sidewalks. A minimum length of 20’ is required at each location.

73. Above ground utilities shall be located in shrub areas and screened as required from public view. Fire equipment shall have a setback of 10 feet, or as otherwise permitted, where only low growing ground covers shall be planted.

74. Utilities and light standard locations shall be coordinated with Owner’s engineering team to avoid conflicts with required tree locations and utility screening.

Prior to issuance of a Building Permit:

75. The landscape plans shall be approved by the City’s Landscape Architect and Assigned Planner.

Prior to the initiation of landscape construction:

76. Contact City’s Assigned Planner or Landscape Architect to determine if a pre-job meeting Conditions of Approval
RP-2021-2429/TTM-2021-2428/DP-2021-2430/
October 3, 2023

Page 10 of 37 ends

with the job site superintendent and the landscape contractor will be required. No landscaping shall occur prior to the meeting or the City’s determination that it will not be required.

Prior to the issuance of occupancy permits:

77. All required landscaping and irrigation systems shall be installed in a condition acceptable to the City. The owner’s Landscape Architect shall provide inspections throughout the landscape installation process. The owner shall provide the City’s Assigned Planner with a Landscape Certificate of Completion documentation pa ckage at the time of final inspection request. The City will review the Certificate of Completion and conduct a final inspection to ensure that the landscape installation is in compliance with all City policies, practices and the approved landscape plans. The Certificate of Completion shall be complete with an irrigation water audit, irrigation schedules, la ndscape mainten ance schedules, and soil management report.

78. Performance securities, in the amount determined by the City to guarantee the adequate maintenance of the landscaping materials and irrigation system in accordance with the approved plans for a period of one (1) year from the date of final clearance of the installed landscaping by the City, shall be posted with the Planning Department.

Acceptable forms of security shall be limited to cash deposit, cash bonds, or irrevocable letters of credit. The performance securities may be released one (1) year after final clearance of the installed landscaping by the City, upon written request by the owner, if the landscaping has been adequately maintained. A deposit to cover re-inspection of the landscape, at the current City rate shall be posted with the Planning Division prior to re- inspection for maintenance bond release.

ENGINEERING DEPARTMENT

72. All items required to be submitted shall be, at a minimum, in electronic format (e.g., PDF, Word). Hard copies may also be required.

73. All conditions as approved shall be completed by the Permittee/Owner at no cost to the City, unless specified otherwise.

74. Prior to any permit issuance, all relevant plans and reports shall be prepared in accordance with the Murrieta Municipal Code, reviewed, all applicable fees paid, and approved by the City Engineer.

75. As part of the initial submittal of plans, reports, etc., for any grading permit or any other grant of approval, the Permittee/Owner shall submit the approved discretionary plans and reports (e.g., Tentative Map, Preliminary G rading Plan, Preliminary Water Quality Management Plan, Preliminary Hydrology Study, etc.) that were approved as part of the Discretionary Review Process, in addition to all applicable onsite and offsite plans, reports, reference documents, and/or document(s) deemed relevant for the issuance of a permit.

76. Prior to 1st submittal of building plans, the Permittee/Owner shall execute initial submittal of engineering plans/reports (e.g., grading plans, improvement plans, stormwater reports, soils reports, as applicable), submittal shall have been deemed a complete submittal, with Conditions of Approval
RP-2021-2429/TTM-2021-2428/DP-2021-2430/
October 3, 2023

Page 11 of 37 ends

first round of plan check comments provided, and revisions made onto the 2nd submittal of engineering plans/reports. Then, the 1st submittal of building plans shall coincide with the revised 2nd submittal of the engineering plans.

77. Grading plans’ 1st submittal, with building pad location and elevation information, shall be submitted prior to, or concurrently with, building plans’ 1st submittal. However, building plans’ 1st submittal shall not be submitted prior to grading plans’ 1st submittal. Moreover, building plans’ 2nd submittal, and subsequent submittals, shall coincide with grading plans’ revised 2nd submittal, and revised subsequent submittals, respectively.

78. Prior to the issuance of any occupancy permit, all conditions set forth in these Conditions of Approval shall be completed and accepted/as-built.

79. In addition to any applicable permit issuance, an Encroachment Permit shall also be obtained from the Engineering Department prior to commencement of any construction within City right-of-way or public jurisdiction easements.

80. If applicable, an Encroachment Permit shall be obtained from CalTrans, Riverside County Flood Control and Water Conservation District, FEMA, Army Corp of Engineers, etc. prior to commencement of any construction within their right-of-way. Proof of permit issuance, or verification of acknowledgement with no permit issuance requirement, shall be submitted prior to city-issued permit issuance affecting said easement(s). Additionally, said approvals/acknowledgements s hall be identified on the subject grading and/or improvement plans, as applicable.

81. The Permittee/Owner shall submit a current hyperlinked Preliminary Title Report with active connectivity to all referenced recorded documents identified within the Preliminary Title Report.

82. It is understood that the Tentative Map correctly shows all existing and proposed easements, tra vel ways, grading, drainage courses, etc., and that any omission may require the resubmittal of documents and/or plans associated with this application for additional consideration.

83. The Permittee/Owner shall defend (with attorneys approved by the City), indemnify and hold harmless the City of Murrieta, its agents, officers, and employees from any claims, damages, actions, or proceedings against the City or its agents, officers, or employees, to attack, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning any approvals. The City will promptly notify the Permittee/Owner of any such claim, action, or proceeding against the City and will cooperate fully in the defense.

84. All Engineering Plans (e.g., Improvement Plans, Grading Plans) shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City-formatted bo nd sheets. The Permittee/Owner shall review all plan check comments, make certain their consultants address all comments in each subsequent submittal, and return all plan check comments with each subsequent submittal. Failure to do so may result in additional plan check fees due to additional review time.

85. The Permittee/Owner shall comply with all current and applicable requirements set forth in Conditions of Approval
RP-2021-2429/TTM-2021-2428/DP-2021-2430/
October 3, 2023

Page 12 of 37 ends

the City of Murrieta’s Municipal Code, Development Code, Standard Drawings, Ordinances, Policies, and Resolutions, along with all applicable State (e.g., State Water Resources Control Board) and Federal regulations, whether or not such provisions or requirements have been specifically set forth in these conditions, all of which are now incorporated herein by reference, and fully set forth at this point.

86. Prior to approval of any plans, reports, or legal documents and/or permit issuance, the Permittee/Owner shall pay all outstanding plan check and processing fees.

87. Security bonds, for a portion of the construction costs as outlined in the final cost estimate(s), shall be in the form of a cash deposit, as approved by the City Engineer.

PRIOR TO ISSUANCE OF ANY PERMIT, THE PERMITTEE/OWNER SHALL COMPLETE

THE FOLLOWING

Offsite Property/Easement Acquisitions

88. Prior to any permit issuance, the Permittee/Owner shall coordinate with adjacent property owners affected by proposed onsite and/or offsite improvements. The Permittee/Owner shall be solely responsible for acquisition of any necessary easements, agreements, etc. prior to plan approval. All easements, agreements, etc. shall be notarized and recorded in a format acceptable to the City Engineer.

89. Agreements and/or easements shall designate maintenance responsibilities conforming to those associated/identified on the approved Tentative Map. The agreements and/or easements shall also address uninterrupted access and utility services to affected existing properties during construction and show the recording information (instrument number and date) on the appropriate plan(s).

90. Upon property/easement acquisition, the Permittee/Owner shall complete the improvements as approved by the City.

Street Improvement Plans

91. The Permittee/Owner shall provide the following items, but may be required to provide additional items to substantiate the proposed design:

A. A Street Improvement Plan prepared by a registered Civil Engineer in accordance with City standards, Caltrans standards, and MUTCD requirements, with all improvements subject to the approval of the City Engineer.

i) The Street Improvement Plan shall include within it the following:

(1) Signing and Striping plan, designed by a registered Civil Engineer and included with the street improvement plans for the project.

(2) Storm Drain Improvement Plans prepared by a registered Civil Engineer and included with the street improvement plans for the project.

Conditions of Approval
RP-2021-2429/TTM-2021-2428/DP-2021-2430/
October 3, 2023

Page 13 of 37 ends

ii) Street structural sect ion(s) shall be based on the Soils Engineer recommendation or City Std. 120, whichever is greater.

B. A Cost Estimate prepared, signed, and stamped by a registered civil engineer.

The cost estimate shall include all costs but not limited to plan preparation, plan check fees, permit fees, bonding, staking, construction c osts, stormwater best management practices, erosion control, soils engineering; construction management, etc.

92. Subject to the discretion of, and final approval by, the City Council, the City shall vacate/abandon a portion of the following street’s right-of-way.

A. Old Clay Street
B. Juniper Street
C. C Street
D. D Street

E. 5th Street

F. If the vacation/abandonment is unsuccessful, Permittee/Owner shall submit revised plans for substantial conformance re view as required by the City of Murrieta Development Code.

93. The centerline profile may be required to extend beyond the project boundaries showing grade, alignment, and/or striping, depending on the proposed design and existing conditions, to the satisfaction of the City Engineer.

94. All street improvements shall be designed to provide adequate right-of-way and transitions to existing improvements.

95. If applicable, the Permittee/Owner shall provide a design to [re]construct handicap access ramps within the public right-of-way along the project’s frontage, and adjacent to the project, to current ADA requirements, this includes across the street or driveway that are accessible to the frontage handicap access ramps.

96. Improvement plans shall show all existing and proposed drainage and stormwater facilities, including surface and subsurface construction. All required drainage easements shall be monumented along the boundaries as approved by the City Engineer.

97. City-maintained drainage facilities located outside of city right-of-way shall be accompanied with proper public drainage easements to be reviewed and approved by the City and recorded on a city-approved format.

a. All storm drain easement widths shall adhere to Riverside County’s storm drain easement width chart and have a max cross slope of 5%.unless approved otherwise by the City Engineer.

98. The parkway cross slope in the public right-of-way shall be two percent, unless otherwise approved by the City Engineer.

99. The Permittee/Owner shall design, for the guarantee of construction, the following public improvements to the current City of Murrieta Circulation Element and corresponding City Conditions of Approval
RP-2021-2429/TTM-2021-2428/DP-2021-2430/
October 3, 2023

Page 14 of 37 ends

standards. Improvements may include, but are not limited to: paving, redwood header, curb and gutter; sidewalk; street lights; drainage facilities; water quality best management practices; sign ing and striping; utilities, including but not limited to, water and sewer; landscaping; with all improvements subject to the approval of the City Engineer.

A. Design New Clay St frontage to be improved to a half width of 50 feet centerline to right-of-way, per the Downtown Specific Plan.

i) The required improvements shall include, opposite centerline, a minimum of 12 feet A.C. paved surface and 8 feet graded shoulder.

ii) The required improvements shall include, and clearly show, connectivity to existing improvements.

iii) The required improvements shall include connectivity to improvements existing opposite legal centerline.

iv) The project’s frontage shall identify the requested parkway to accommodate the enhanced parkway landscape.

v) The frontage shall ensure a design for (or repair/replace) ADA compliant sidewalk and pedestrian ramps (truncated domes).

Pedestrian ramps adjacent to the project shall be improved/provided to current ADA standards, per city standard drawings, to the satisfaction of the City Engineer.

vi) As applicable, callout right-of-way dedication/vacation along the frontage to provide the requested right-of-way for the required improvements.

Transition striping from the proposed frontage may be required to commence at the project boundary and extend offsite to the satisfaction of the City Engineer.

vii) Due to proposed improvements and striping, the Permittee/Owner shall identify the limits of a reslurry, to the satisfaction of the City Engineer.

viii) Due to proposed improvements, a note shall be added on the plans indicating “reslurry/resurface of existing roadway may be required during construction at the discretion of the City’s Construction Inspector and may be subject to review/approval by the City Engineer.

B. Design B St frontage to be improved to a half width of 40 feet centerline to right- of-way, per the Downtown Specific Plan.

i) The required improvements shall include, opposite centerline, a minimum of 12 feet A.C. paved surface and 8 feet graded shoulder.

ii) The required improvements shall include, and clearly show, connectivity to existing improvements.

iii) The required improvements shall include connectivity to improvements existing opposite legal centerline.

Conditions of Approval
RP-2021-2429/TTM-2021-2428/DP-2021-2430/
October 3, 2023

Page 15 of 37 ends

iv) The project’s frontage shall identify the requested parkway to accommodate the enhanced parkway landscape.

v) The frontage shall ensure a design for (or repair/replace, if applicable) ADA compliant sidewalk and pedestrian ramps (truncated domes).

Pedestrian ramps adjacent to the project shall be improved/provided to current ADA standards, per city standard drawings, to the satisfaction of the City Engineer.

vi) As applicable, callout right-of-way dedication/vacation along the frontage to provide the requested right-of-way for the required improvements.

Transition striping from the proposed frontage may be required to commence at the project boundary and extend offsite to the satisfaction of the City Engineer.

vii) Due to proposed improvements and striping, the Permittee/Owner shall identify the limits of a reslurry, to the satisfaction of the City Engineer.

C. Design all interior streets to be improved to a half width of 60 feet centerline to right-of-way, per Local Street, City Standard Drawing 106.

i) The required improvements shall include, and clearly show, connectivity to existing improvements.

ii) The project’s frontage shall identify the requested parkway to accommodate the enhanced parkway landscape.

iii) The frontage shall ensure a design for ADA compliant sidewalk and pedestrian ramps (truncated domes).

Pedestrian ramps adjacent to the project shall be improved/provided to current ADA standards, to the satisfaction of the City Engineer.

iv) As applicable, callout right-of-way dedication/vacation along the frontage to provide the requested right-of-way for the required improvements.

Transition striping from the proposed frontage may be required to commence at the project boundary and extend offsite to the satisfaction of the City Engineer.

100. Due to proposed improvements, a note shall be added on the plans indicating “reslurry/resurface of existing roadway may be required during construction at the discretion of the City’s Construction Inspector and may be subject to review/approval by the City Engineer.

101. Proper right-of-way shall be dedicated at the following corners. The ultimate right-of-way shall be chamfered between both frontage roads. Each end point being at the road frontage’s right-of-way line, perpendicular to the point of ultimate curb return.

A. New Clay St. & B St.

B. B St. & 4th St.

C. New Clay St. & 4th St.

Conditions of Approval
RP-2021-2429/TTM-2021-2428/DP-2021-2430/
October 3, 2023

Page 16 of 37 ends

D. 4th St. & Juniper St.

102. Driveways and Site Access shall conform to Development Code 16.34.080.

103. Corner property line cut off for vehicular sight distance and installation of pedestrian and traffic control facilities shall be provided at all street intersections and entrances in accordance with City Standards. The line of sight shall be shown on all grading, street improvement, and landscape plans in accordance with Std. 214. Signs are not allowed within the Limited Use Area.

104. The exact depth of street structural section and subgrade requirement shall be based on subgrade "R" value tests and the appropriate Traffic Index for the type of street, as determined by the Geotechnical Engineer, along with City Standard 120, whichever is greater.

105. Existing street pavement along the project’s frontage(s), shall be core tested to determine if the existing structural section meets current City Standards. Core testing shall be taken by a qualified engineer at locations approved by the Director of Public Works.

Substandard sections shall be reconstructed or overlaid. The Director of Public Works shall have the final approval for all street conditions and the limits of the pavement reconstruction an d/or resurfacing. Core testing may be done prior to grading permit issuance to identify the limits of reconstruction, if applicable, and shown on the improvement plans. At the discretion of the Permittee/Owner, core testing may be deferred to after permit issuance (e.g., during construction) but is subject to unforeseen conditions which may delay construction.

106. The exact alignment, width and design of all turning lanes, travel lanes, driveways, striping, and all other traffic control devices and measures, including turnouts, bike lanes, and width transitions, shall be approved by the City Engineer.

107. All cul-de-sac bulbs and knuckles shall be designed per the City of Murrieta’s Standard Drawings 201, 202, and 203.

108. A light emitting diode for the street lighting system shall be shown on the street improvement plans and shall be installed at locations specified by the City Engineer at no cost to the public. All installations shall be compliant with the City’s Downtown Murrieta Specific Plan.
109. If the project is to be phased, the Permittee/Owner shall submit detailed plans describing activities for the entire phase(s). A Phasing Plan shall be reviewed and approved by the City Engineer and Planning Division Director. The plans shall address, in detail, the following, but not limited to, items:

A. Demonstrate that, all conditions of prior phase have been satisfactorily completed or addressed per phase.

B. The Permittee/Owner shall implement the requirements of the current General Construction Permit at all times to prevent discharge from the site for all phases of construction (e. g., demolition, grading, vertical construction, l andscape/hardscape).

Sediment and erosion controls shall be appropriately applied for the risk level assigned to the project.

Conditions of Approval
RP-2021-2429/TTM-2021-2428/DP-2021-2430/
October 3, 2023

Page 17 of 37 ends

C. Submit a landscape plan to the Planning Division that addresses both short term and long term slope stability and dust control including all temporary and permanent buildable pads. This plan shall also include all required BMP’s and storm water design features.

D. Should the Permittee/Owner decide to develop phases out of numerical sequence with the approved phasing as shown on the plan, all conditions required of the proceeding phases shall be completed unless otherwise approved by the City Engineer and the Director of Planning. Other conditions may be imposed by the City Engineer and Planning Division Director to allow phased construction.

E. The Water Quality Improvement Plans (WQIP), approved as part of the grading plans, shall address the Best Management Practices (BMP’s) to be utilized for each phase of development. The WQIP shall include an overview of project phasing that shows each project phase, prior to activation of the area for use in accordance with Order R9-2013-0001, that 100% of the impervious area for that phase will be treated and retained to meet water quality and hydro-modification requirements.

110. All existing street monuments within or abutting this project site shall be preserved. If such monuments are damaged or destroyed, the Permittee/Owner shall retain a licensed land surveyor or a qualified registered civil engineer to reset those monuments per City Standards 617a, 617b, and 617c, and file the necessary informat ion with the County Recorder’s office as required by California Business and Professions Code Section 8771.

If damaged, existing monuments that are no longer relevant do not have to be replaced, subject to approval by the City Engineer.

111. If constructing a new street or new intersection, the Permittee/Owner shall provide a design with callouts for street centerline monuments to be set per City Std. 617a, 617b, and 617c. All elevation locations for street centerline(s) shall be provided.

112. If reconstructing an existing street or existing intersection, the Permittee/Owner shall provide a design with callouts for street centerline monuments to be set per City Std. 617a, 617b, and 617c, and elevations provided, unless specified otherwise by the City Engineer, or assignees.

113. Centerline tie notes may be provided, when applicable as noted on City Std. 616, on 8.5 x 11 mylar sheets (identify locations if possible). Prior to installation, each location where tie notes may apply shall be reviewed and approved by the City Engineer, or assignees, to determine monument type to be used.

Grading Plans

114. The Permittee/Owner shall provide the following items, but may be required to provide additional items to substantiate the proposed design:

A. A Grading Plan prepared by a registered Civil Engineer in accordance with currently accepted design standards. The plan shall incorporate Grading Information, Erosion & Sediment Control Measures, Miti gation Measures as applicable, and Site Design & Source Control (Low Impact Development (LID)), as well as Pollutant Control and Hydromodification as applicable.

Conditions of Approval
RP-2021-2429/TTM-2021-2428/DP-2021-2430/
October 3, 2023

Page 18 of 37 ends

i) The Grading Plan shall include within it the following:

(1) A Water Quality Improvement Plan prepared by a registered Civil Engineer in accordance with City standards and approved by the Engineering Department.

(2) A Storm Drain Improvement Plan prepared by a registered Civil Engineer in accordance with City standards and approved by the Engineering Department.

(3) An Erosion Control Plan prepared by a registered Civil Engineer in accordance with City standards and approved by the Engineering Department.

B. A Cost Estimate prepared, signed, and stamped, by a registered civil engineer.

The cost estimate shall include all costs but not limited to plan preparation, plan check fees, permit fees, bonding, staking, construction costs, erosion control, soils engineering; construction management, etc.

115. Pay to City all County of Riverside Development Impact Fees applicable at time of grading permit issuance or as otherwise approved by ordinance. In the event these fees have been previously paid, the Permittee/Owner shall provide proof of payment. Said fees may include, but are also not limited to, the following:

a. Riverside County Area Drainage Fee
b. Kangaroo Rat Fee
c. Multiple Species Habitat Conversation Plan (MSHCP) Fee

116. Obtain written clearance, as deemed necessary by the Engineering Department, from the following departments/agencies:

a. Planning Department
b. Community Services Department
c. Building Division
d. Fire Department
e. Landscape (Planning)
f. Sewer and Water District(s)
g. Utility Companies
h. Gas Company

117. If applicable, the Permittee/Owner shall obtain and provide the City with written clearance or a non-interference letter from Southern California Edison (SCE) prior to grading plan approval. Permittee/Owner shall submit directly to SCE.

118. Development Standards for Off-Street Parking shall conform to Development Code

16.34.070.

119. If blasting of rock is required, a blasting permit will be required as part of the grading permit process. A blasting permit shall be obtained through the Riverside County Sheriff’s Department. Notification shall also be provided to the City of Murrieta Police and Fire Departments prior to blasting.

120. If any water wells are found onsite, the intent shall be identified on the grading plan (e.g., if inoperable…to be abandoned; if operable…to be protected in place, etc.). If to be protected in place, easements may apply. Additionally, if to be abandoned, they shall be Conditions of Approval
RP-2021-2429/TTM-2021-2428/DP-2021-2430/
October 3, 2023

Page 19 of 37 ends

abandoned in a manner approved by the State Department of Water Resources and Riverside County Health Department. Confirmation of abandonment approval shall be provided to the City.

121. If applicable, a qualified biologist shall delineate jurisdiction areas that are not to be disturbed. Identify the installation of some type of barrier fence to delineate the areas of avoidance.

122. Construction fencing shall be placed so as not to interfere with sight distance and comply with City Std. No. 214.

123. City-maintained drainage facilities located outside of city right-of-way shall be accompanied with proper public drainage easements to be reviewed and approved by the City, and recorded on a city-approved format.

a. All storm drain easement widths shall adhere to Riverside County’s storm drain easement width chart and have a max cross slope of 5%, unless approved otherwise by the City Engineer.

124. Subject to the discretion of, and final approval by, the City Council, the City shall vacate/abandon a portion of the following street’s right-of-way.

A. Old Clay Street
B. Juniper Street
C. C Street
D. D Street

E. 5th Street

F. If the vacation/abandonment is unsuccessful, Permittee/Owner shall submit revised plans for substantial conformance re view as required by the City of Murrieta Development Code.

125. All existing property monuments within or abutting this project site shall be preserved. If such monuments are damaged or destroyed, the Permittee/Owner shall retain a licensed land surveyor or a qualified registered civil engineer to reset those monuments per City Standards and file the necessary information with the County Recorder’s office as required by California Business and Professions Code Section 8771. If damaged, existing monuments that are no longer relevant do not have to be replaced, subject to approval by the City Engineer.

Sewer & Water

126. Verify capacity of proposed sewer and water systems and provide approval from the Health Department or the governing Sewer and Water District that the proposed sewer and water system is compliant with the District’s master plan.

127. The Permittee/Owner shall design and guarantee the construction of all sewer and water improvements necessary to serve this project. Private sewer force mains are not allowed in the public right-of-way unless otherwise approved by the City Engineer.

Utilities
Conditions of Approval
RP-2021-2429/TTM-2021-2428/DP-2021-2430/
October 3, 2023

Page 20 of 37 ends

128. The Permittee/Owner shall provide a design to install all existing and proposed utility

systems underground. Utility systems include, but may not be limited to, electric lines 32kv and lower, telephone, and cable TV. The utilities shall be designed in accordance with City Codes and utility provider(s).

a. All applicable appurtenances shall also be coordinated with the building department and engineering department for review of proposed locations. Easements shall also be provided as required.

b. If there are any electric lines 33kv and higher, those existing lines will not be required to be placed underground.

129. Above-ground Edison transformers shall be located behind the right-of-way line. If necessary, retaining walls shall also be located behind the right-of-way and limited to maximum five feet in height. Safety railing is required for retaining wall heights above thirty inches.

130. Permittee/Owner shall provide a design identifying location of all dry and wet utilities.

a. All dry and wet utilities shall be installed prior to placement of final cap or lift of asphalt pavement to avoid new street improvement from being marred by saw cuts, pot holes, equipment, etc.

Hydrology & Hydraulics Report

131. The Permittee/Owner shall provide a Hydrology & Hydraulics Reports prepared by a registered Civil Engineer in accordance with currently accepted design standards.

132. Ensure the Report addresses any proposed commingled flows from adjacent properties, unless procedures are incorporated to otherwise convey and properly dispose of the flows without commingling.

133. Alteration to the existing drainage pattern, including concentration or diversion of flows, are not allowed, unless the Permittee/Owner obtains permission and/or agreements from the affected property owner(s). This may involve, but is not limited to, obtaining notarized/recorded letters of permis sion and/or agreements, securing drainage easements and/or ponding easements, constructing adequate drainage improvements, and providing a maintenance mechanism for private drainage facilities.

134. The Permittee/Owner shall be responsible for mitigating impacts created by changes in drainage runoff course, water quality, hydro-modification, concentration, or quantity to the satisfaction of the City Engineer for both on-site and off-site drainage.

135. Accept and properly dispose of all offsite drainage flowing onto and/or through the site.

136. If possible, all drainage shall be conveyed onto public property. Cross lot drainage shall not be allowed. Where unavoidable, proper permissions, agreements, and easements shall be obtained by the Permittee/Owner.

137. The report shall show all existing and proposed onsite and/or offsite public and/or private drainage facilities intended to discharge the runoff. The study shall include a capacity analysis verifying the adequacy of the drainage facilities. Runoff from the development or Conditions of Approval
RP-2021-2429/TTM-2021-2428/DP-2021-2430/
October 3, 2023

Page 21 of 37 ends

partial phase of development of the property shall meet the following criteria:

a. Permittee/Owner shall be responsible for mitigating impacts created to changes in drainage runoff course or quantity, for both on-site and off-site drainage, to the satisfaction of the City Engineer.

b. Do not significantly exceed the existing natural discharge quantities.

c. Street storm flows shall not exceed top of curb for the 10-year storm event.

d. Must contain storm flows within the street right-of-way for the 100-year event.

e. All inlets, outlets, pipes, channels, basins, etc. must be capable of conveying the 100-year storm.

f. Sump conditions shall be designed to convey the 100-year storm flows g. Secondary emergency escape path shall be provided.
h. If the project discharges/connects to an off-site detention basin, provide permission to drain/connect from the owner of basin or system. Off-site detention basins require a Declaration of Dedication. All detention measures shall have positive drainage with a minimum 48-hr draw-down time and be empty within 72 hours.

i. Standing water is not permitted.

j. Detention for projects that are 10 acres or greater shall analyze for the 1, 3, 6 and 24-hour duration for the 2, 5, and 10-year frequency storms.

(1) When continuous simulation is prepared (see Water Quality Management Plan section), and acceptable, the continuous simulation may be used in-lieu of the 1, 3, 6 and 24-hour duration for the 2, 5, and 10-year frequency storms, if applicable.

Geotechnical Report

138. A comprehensive geotechnical report shall be prepared by a registered Geotechnical Engineer and submitted to the engineering department as part of the initial grading plan check.

a. The report shall address in-situ soils conditions; shall provide the following, but not be limited to:

i) a percolation/infiltration analysis;

ii) identify any geotechnical hazards for the site;

iii) provide recommendations for the construction of engineered structures, iv) provide preliminary pavement sections,
v) provide slope stability analysis,

vi) identify faults that may affect the proposed project and confirm buildings meet setback requirements, as applicable.

Conditions of Approval
RP-2021-2429/TTM-2021-2428/DP-2021-2430/
October 3, 2023

Page 22 of 37 ends

128. The Permittee/Owner shall provide a design to install all existing and proposed utility

project design. If located in a Geologic Special Study Zone, the report may, at the discretion of the City Engineer, be subject to a third-party review. If third party review is required, the Permittee/Owner must submit an application and schedule to have any open trenches inspected by a City-approved third-party reviewing consultant.

139. If project is determined to be a “Priority Development Project”, a geotechnical engineer, civil engineer, certified engineering geologist or certified hydrogeologist shall prepare a percolation analysis and determine infiltration rates for the purpose of determining water quality best management practices (i.e., Water Quality Management Plan).

a. See Appendix A, Section 1.8 – Final Report, of the Riverside County Low Impact Development BMP Design Handbook, as a guide for preparing the analysis.

b. Infiltration testing requirements shall adhere to Appendix A – Infiltration Testing, of the Riverside County Low Impact Development BMP Design Handbook (e.g. Table 1 Infiltration Testing Requirements).

c. A note shall be added on the grading plan identifying the infiltration rates used in the WQMP. If BMP locations differ, laterally and/or vertically, from the WQMP, additional infiltration tests may be required to be conducted and submitted for review and approval by the City.

Water Quality Management Plan (WQMP)

140. The Permittee/Owner shall provide a Water Quality Management Plan (Report) prepared by a registered Civil Engineer in accordance with currently accepted design standards.

141. Water Quality Improvement Plans (WQIP) shall be integrated with the grading plans and included as part of the grading plans. Prior to final approval of the grading plans, the grading plans shall be in conformance with the Project-Specific WQMP.

142. A Final Project-Specific WQMP shall be submitted to the City for approval with the grading plan check application and approved by the Engineering Department prior to issuance of a grading permit. The WQMP shall include, but not be limited to, the following:

a. The Permittee/Owner, assigns, or heirs shall allow the City to enter the premises to conduct periodic inspections to ensure that the WQMP is being implemented, maintained, and to review the inspection and maintenance records.

b. Prepare a hydromodification an alysis utilizing continuous simulation of the geomorphically significant flows starting at 10% of the 2-year runoff and up to the 10-year runoff (85th percentile Design Capture Volume (DCV)). The analysis must have a maximum interval of 1-hour, or 15-minutes, and contain a minimum of 37 years of data.

c. The 85th percentile DCV of on-site drainage shall be treated on site in accordance w ith the current NPDES MS4 Permit and the City’s latest Water Quality Management Plan. The drainage shall be treated onsite prior to entering public right-of- way.

d. When continuous simulation is prepared, and acceptable, the continuous Conditions of Approval
RP-2021-2429/TTM-2021-2428/DP-2021-2430/
October 3, 2023

Page 23 of 37 ends

simulation may be used in-lieu of the 1, 3, 6 and 24-hour duration for the 2, 5, and 10-

year frequency storms, if applicable.
e. The WQMP shall incorporate, but not be limited to, the following:
(1) Site design BMP’s,
(2) Source control BMP’s,
(3) Pollutant control BMP’s,
(4) Hydromodification
(5) The WQMP shall identify affected and 303(d) receiving water bodies, applicable water-quality objectives, total maximum daily loads (TMDLS), pollutants of concern for the project type, and estimates for post-construction discharge rates (with all BMPs in place), and demonstrate that the project pollutant loads will be treated in accordance with the most current NPDES MS4 permit and will not cause a violation of the water quality objectives. The structural treatment and hydro-modification controls shall remove project pollutants anticipated to be generated by the project for the benefit of downstream impaired water bodies listed by the SWRCB 303(d) to a medium r emoval efficiency or better for the pollutants of concern.

(6) Long term operation and maintenance requirements, ins pection and maintenance checklist;

(7) Record a restrictive covenant to ensure operation, maintenance, funding, and transfer of requirements.

(8) The post-construction best management practices (BMPs) outlined in the approved Final project-specific WQMP shall be incorporated in the grading/improvement plans.

f. A Water Quality Maintenance Agreement shall be recorded with the County Recorder and proof of the recordation shall be provided to the City. The agreement shall include summaries of water quality/hydromodification fa cilities and operations & maintenance.

i) The Maintenance Agreement shall identify public BMPs to be maintained by the development’s assigned entity.

ii) The agreement shall also identify if the development’s assigned entity fails to maintain said BMP(s) the City is authorized to maintain or replace BMP(s) for continued compliance and shall be reimbursed by the assigned entity.

g. A copy of the Final Project-Specific WQMP shall be kept onsite at all times. The Permittee/Owner shall make the occupants, tenants, staff, employees, and contractors aware of this document and educate them on the contents.

143. The project shall demonstrate infiltration abilities by converting the percolation tests taken at locations of proposed infiltration/biofiltration BMPs. Proposed BMPs shall be per the guidelines of the City of Murrieta’s 2018 Santa Margarita Region Water Quality Management Plan and the most current order under the National Pollutant Discharge Elimination System (NPDES) Permit initiated under section 2 of the Federal Clean Water Act. The most current order shall be incorporated, as applicable.

144. The grading plan shall add a note to confirm the infiltration rates coincide with the rates used in the Water Quality Management Plan. If BMPs are to be placed in areas and/or Conditions of Approval
RP-2021-2429/TTM-2021-2428/DP-2021-2430/
October 3, 2023

Page 24 of 37 ends

depths different from the original infiltration testing, thereby posing potentially different

infiltration rates from those originally obtained, new infiltration testing may be required and BMP designs may be impacted.

145. It is the responsibility of the Permittee/Owner to ensure all applicable BMPs are correctly utilized as referenced in the California Stormwater Quality Association (CASQA) BMP Fact Sheet, and all maintenance measures implemented.

146. “As a residential area development, the Permittee/Owner s hall ensure that minimum residential BMPs are being implemented. Such BMPs should address, at minimum:

a. automobile repair,
b. maintenance and washing and parking;
c. home and garden care activities and product use (pesticides, herbicides and fertilizers);
d. disposal of trash, pet waste, green waste, and household hazardous waste. e. The Permittee/Owner shall reference the following brochures and California Stormwater Quality Association (CASQA) BMP Fact Sheets:
f. Brochures:

g. Automotive Maintenance and Car Care Brochure
h. Landscape and Garden
i. 10 Ways to Save Water Outdoors
j. After the Storm
k. What’s the Scoop
l. Landscape and Garden
m. Pools, Spas and Fountains,

n. CASQA BMP Fact Sheets:
o. SC-20 – Vehicle and Equipment Fueling
p. SC 21 – Vehicle and Equipment Cleaning
q. SC 22 – Vehicle and Equipment Repair
r. SC 43 – Parking / Storage Area Maintenance
s. SC 73 – Landscape Maintenance
t. SD 10 – Site Design and Landscape Planning
u. SD 12 – Efficient Irrigation

147. Provide 12 foot wide x 6 inch thick concrete paved access to storm drain facilities with 12 percent maximum grade. Turnarounds are required, but may be waived depending on overall accessibility and, at the discretion of the Public Works Director.

148. The Permittee/Owner shall submit, for City review and approval, a mechanism ensuring ongoing long-term maintenance for the onsite post-construction Best Management Practices (BMPs).

149. “The Project shall form or annex into a landscape and light maintenance district, or create some other acceptable mechanism to fund and/or maintain the proposed water quality BMPs within public roadways.

SWPPP
Conditions of Approval
RP-2021-2429/TTM-2021-2428/DP-2021-2430/
October 3, 2023

Page 25 of 37 ends

150. An adequate Storm Water Pollution Plan (SWPPP) shall be available to State and City

Inspectors at the job site prior to commencing construction. The Permittee/Owner shall be responsible for implementation, monitoring, operation and maintenance of the SWPPP until all construction is completed and improvements have been accepted by the City.

151. This document must minimize the disturbed area, label the total disturbed area, and identify equipment and material storage areas.

152. All grading activities shall minimize dust through compliance with AQMD Rule 403, which requires watering during earth moving operations.

153. All open or undeveloped land shall be maintained to prevent wind/water erosion of said land. All disturbed undeveloped land shall be planted with interim landscaping or stabilized with other erosion control measures.

154. The Permittee/Owner shall design and install the irrigation system so runoff does not discharge into the street or storm drain system.

155. Grading during the wet season should identify additional BMP’s for rain events that may occur as necessary for compliance with the Santa Margarita Region MS4 Permit.

156. A copy of the Notice of Intent (NOI) and Waste Discharge Identification (WDID) number from the State Water Resources Control Board shall be identified on the SWPPP.

157. A Notice of Termination (NOT) can then be filed with the State Water Resources Control Board. Grading during the wet season should identify additional BMP’s for rain events that may occur as necessary for compliance with the Santa Margarita Region MS4 Permit. This document must minimize the disturbed area, label the maximum disturbed area, and identify equipment and material storage areas.

158. Erosion and sediment control details shall be submitted on the grading plans to the City's Engineering Division for review and approval. The details shall conform to City standards, codes and ordinances, and the current State Water Resources Control Board (SWRCB) General Construction Permit (GCP), as applicable. The details shall include landscaping and irrigation systems on exposed slopes to achieve the General Construction Permit required coverage criteria, and for acceptance by the City's Engineering Department.

FEMA

159. FEMA Elevation Certificate(s) shall be provided for all lots within one hundred feet of the 100-year flood plain concurrently with each pad certification.

160. If any portion of the site resides within, adjacent to, or within 100 feet of a FEMA special flood hazard area, the following items shall apply:
a. The floodway and floodplain boundary lines shall be clearly depicted on the Grading Plan. b. The grading plan shall clearly demonstrate any building’s finish floor elevation to be at least one foot (1-ft) above the 100-year Base Flood Elevation.

Conditions of Approval
RP-2021-2429/TTM-2021-2428/DP-2021-2430/
October 3, 2023

Page 26 of 37 ends

161. If a portion of the proposed site resides in a FEMA special flood hazard area, then a

Conditional Letter of Map Revision (CLOMR) shall be processed prior to grading plan approval.

a. The following descriptions are for clarification to determine which documents should be submitted:

i) LOMA – A letter from FEMA stating that an existing structure or parcel of land that has not been elevated by fill (natural grade) would not be inundated by the base flood.

ii) LOMR-F – A letter from FEMA stating that an existing structure or parcel of land that has been elevated by fill would not be inundated by the base flood.

iii) CLOMA – A letter from FEMA stating that a proposed structure that is not to be elevated by fill (natural grade) would not be inundated by the base flood if built as proposed.

iv) CLOMR-F – A letter from FEMA stating that a parcel of land or proposed structure that will be elevated by fill would not be inundated by the base flood if fill is placed on the parcel as proposed or the structure is built as proposed.

b. If any of the above Letters or Conditional Letters have already been processed, provide a copy of the approved documents.

Subdivision Map

162. The Permittee/Owner shall submit a Subdivision Map prepared in accordance to the City of Murrieta Development Code and California Subdivision Map Act. The final map shall be prepared by a licensed land surveyor or qualified registered civil engineer.

163. The Subdivision Map shall include the following “Improvement Note(s)” to identify required improvements prior to city-specified benchmarks (e.g., any permit issuance), in accordance with the Subdivision Map Act 66411.1. The following improvements notes shall be added on the Subdivision Map:

a. All public improvements, as identified per the conditions of approval, shall be completed, and accepted/as-built, prior to the first certificate of occupancy.

b. The improvements/modifications proposed at the existing intersection of New Clay St & B St shall be completed, and accepted/as-built, prior to the first certificate of occupancy.

164. Prepare and record an Owner’s statement acceptable to the City Engineer with a note to the effect that the property owner is responsible for the maintenance of the parkway lighting, landscaping and irrigation, and any applicable water quality treatment facilities/devices.

165. On-site public drainage facilities located outside of public right-of-way shall be contained within public drainage easements as determined to be necessary. A note shall be added on the Subdivision Map stating, “Public drainage easements shall be kept free of buildings and obstructions.”

166. Prior to approval of the Subdivision Map, the Permittee/Owner shall submit an application and pay a fee for the city administrator to reapportion any existing assessment district Conditions of Approval
RP-2021-2429/TTM-2021-2428/DP-2021-2430/
October 3, 2023

Page 27 of 37 ends

150. An adequate Storm Water Pollution Plan (SWPPP) shall be available to State and City

parcel charge so the total amount will vary depending on number of parcels.

167. Easements, when required for roadway, slopes, landscaping, drainage facilities, utilities, etc., for either onsite or offsite, shall be shown on the Subdivision Map. The Permittee/Owner shall incur all costs associated with the formation of a suitable maintenance distr ict for all associated roadway, slope, landscape, and drainage easements, including access.

168. All offers of dedication and conveyances shall be submitted for review and approval, and recorded as directed by the Engineering Department.

169. All easements and/or right-of-way dedications shall be offered on the Subdivision Map to the City, or other appropriate agency, and shall continue in force until the City, or other agency, accepts or abandons/rejects such offer(s). All dedications shall be free from all encumbrances as approved by the Engineering Department.

170. Relinquish and waive abutter’s right of access to and from New Clay Street and B Street, excepting those areas as shown on the approved tentative map.

171. Any proposed vacation(s) and/or abandonment(s) of existing right of way or public easements shall be shown on the Subdivision Map, or per separate document(s) as approved by the City Engineer. Vacations and/or abandonments may be required to be approved prior to issuance of a grading permit.

172. Proof of payment of any, and all, delinquent property taxes shall be provided prior to recordation of the Subdivision Map.

173. Subject to the discretion of, and final approval by, the City Council, the City shall vacate/abandon a portion of the following street’s right-of-way.

A. Old Clay Street
B. Juniper Street
C. C Street
D. D Street

E. 5th Street

F. If the vacation/abandonment is unsuccessful, Permittee/Owner shall submit revised plans for substantial conformance re view as required by the City of Murrieta Development Code.

174. Provide an electronic copy of the Subdivision Map in a PDF format and AutoCAD format, to the satisfaction of the City’s GIS Department. A hard copy may also be required.

PRIOR TO ISSUANCE OF BUILDING PERMITS

175. The Permittee/Owner shall provide a copy of the recorded map and/or agreements to the Building Division and Engineering Departme nt. Electronic and hard copies may be required, at the discretion of the City Engineer.

176. All easements, agreements of improvements, offsite construction, and dedication for Conditions of Approval
RP-2021-2429/TTM-2021-2428/DP-2021-2430/
October 3, 2023

Page 28 of 37 ends

required rights-of-way shall be approved by the Engineering Department.

177. The building pad shall be certified by a registered Civil Engineer for location and elevation. Additionally, the Soils Engineer shall issue a Final Soils Report addressing compaction and site conditions.

178. The Permittee/Owner shall pay to the City all applicable Development Impact Fees as required by, and in accordance with, City Ordinance 196-98, Resolution No. 08-2107 and Resolution No. 16-3602.

179. The Permittee/Owner shall pay to the City the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) based on the applicable rates at time of permit.

DURING CONSTRUCTION

180. If applicable, a qualified biologist shall delineate jurisdictional areas that are not to be disturbed. Ba rrier fencing shall be installed, as approved, delineating the areas of avoidance. Once construction is completed, the same qualified biologist shall certify that no jurisdictional area was disturbed or damaged.

181. Construction fencing shall be placed so as not to interfere with sight distance and comply with City Std. No. 214.

182. If dirt or construction debris is to be transported into, or off, the site, a haul permit will be required as part of the grading permit process. Both import and export locations must be permitted sites. If so, submit a proposed haul route plan and comply with all conditions and requirements the City Engineer may impose to the hauling operation.

183. The exact depth of street structural section and subgrade requirement shall be based on subgrade "R" value tests and the appropriate Traffic Index for the type of street, as determined by the Geotechnical Engineer and the City Standards, whichever is greater.

184. If any water wells are found onsite, they shall be protected in place or abandoned, as approved by the State Department of Water Resources and Riverside County Health Department. Confirmation of abandonment approval shall be provided to the City.

185. The Permittee/Owner shall construct all sewer and water improvements necessary to serve this project. Private sewer force mains are not allowed in the public right-of-way unless otherwise approved by the City Engineer.

186. The Permittee/Owner shall install all existing and proposed utility systems underground, including electric lines 32kv and lower (as applicable), telephone, and cable TV, in accordance with City Codes, the utility provider, and as approved by the City Engineer.

All applicable appurtenances shall also be installed. Easements shall also be provided as required.

187. Above ground Edison transformers shall be installed behind the right-of-way line, as approved.

188. Permittee/Owner shall install all dry and wet utilities prior to the placement of final cap or lift of asphalt pavement to avoid new street improvements from being marred by saw cuts, potholes, equipment, etc.

Conditions of Approval
RP-2021-2429/TTM-2021-2428/DP-2021-2430/
October 3, 2023

Page 29 of 37 ends

189. The approved Storm Water Pollution Plan (SWPPP) shall be available onsite at all times

from the Notice to Proceed until the issuance Notice of Termination. Mor eover, the Permittee/Owner s hall be responsible for implementation, monitoring, operation and maintenance of the SWPPP until all construction is completed and improvements have been accepted by the City.

190. Existing street pavement along the project’s frontage(s), shall be reconstructed or overlaid, as approved by the City Engineer. If core testing was not done prior to permit issuance:

a. If core testing was not done prior to permit issuance, existing street pavement along the project’s frontage(s), may be required to be core tested to determine if the existing structural section meets current City Standards. Core testing shall be taken by a qualified engineer at locations approved by the Director of Public Works. Substandard sections shall be reconstructed or overlaid. The Director of Public Works shall have the final approval for all street conditions and the limits of the pavement reconstruction and/or resurfacing.

191. All cul-de-sac bulbs and knuckles shall be constructed per the City of Murrieta’s Standard Drawings 201, 202, and 203.

192. Improvement plans shall show all existing and proposed drainage and stormwater facilities, including surface and subsurface construction. All required drainage easements shall be monumented along the boundaries as approved by the City Engineer. Access easements shall be provided where necessary and shall be improved, fenced, and aligned to the satisfaction of the City Engineer.
193. A light emitting diode for the public and private street lighting system shall be installed, as approved by the City Engineer, and per the City’s Street Lighting Standards, 619, 620, and 620C.

194. Provide 12 foot wide x 6 inch thick concrete paved access to storm drain facilities, as approved by the City Engineer.

195. The Permittee/Owner shall construct the following public improvements as approved by the City Engineer.

A. Construct New Clay St frontage to be improved to a half width of 50 feet centerline to right-of-way, per the Downtown Specific Plan.

i) The required improvements shall include, opposite centerline, a minimum of 12 feet A.C. paved surface and 8 feet graded shoulder.

ii) The required improvements shall include connectivity to existing improvements.

iii) The required improvements shall include connectivity to improvements existing opposite legal centerline.

iv) The project’s frontage shall identify the requested parkway to accommodate the enhanced parkway landscape.

v) The frontage shall ensure ADA compliant sidewalk and pedestrian ramps (truncated domes).

Conditions of Approval
RP-2021-2429/TTM-2021-2428/DP-2021-2430/
October 3, 2023

Page 30 of 37 ends

Pedestrian ramps adjacent to the project shall be improved/provided to current ADA standards, as approved by the City Engineer.

vi) Due to proposed improvements and striping, the Permittee/Owner shall reslurry, as approved by the City Engineer.

B. Construct B St frontage as approved by the City Engineer.