Loading...
2014-138 AMR_SPA2012-033 Ordinance No. 2014-138 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, APPROVING SPECIFIC PLAN AMENDMENT NO. 2012-033, AMENDING THE AUDIE MURPHY RANCH SPECIFIC PLAN The City Council of the City of Menifee does Ordain as follows: Section 1: Environmental Determination. The City Council, in light of the whole record before it including but not limited to the staff report dated May 21, 2014, the Addendum to Certified Environmental Impact Report No. 436, and the CEQA Guidelines and determines as follows: A. Environmental Impact Report (EIR) No. 436 prepared for the Audie Murphy Ranch Specific Plan was certified by the Riverside County Board of Supervisors. B. An Addendum has been prepared for the proposed Amendment to the Specific Plan, which did not identify any potentially significant impacts or increased impacts that were not already addressed in EIR No, 436. C. That the decision regarding the environmental analysis and discussion above reflects the independent judgment and analysis of the City. D. At the March 5, 2014 City Council hearing, the City Council adopted an Addendum to Certified EIR No. 436. Section 2. Required Specific Plan Amendment Findings. In accordance with the provisions of the City of Menifee Zoning Ordinance, the City Council hereby makes the following finding(s) for Specific Plan Amendment No. 2012-033. A. The Specific Plan Amendment set forth on Exhibit "1" to this Ordinance, including the Conditions of Approval as set forth in Exhibit "2" to this Ordinance, is found to be consistent with the goals and policies of the General Plan. The General Plan land use of the site is Specific Plan (Audie Murphy Ranch Specific Plan). The proposed Specific Plan Amendment meets the requirements of the Specific Plan land use designation. The project is consistent with General Plan Implementation Action LU-5, which requires growth to be focused within specific plans and economic development corridors. Section 3. Effective Date of Ordinance. This Ordinance shall take effect and be in full force and operation thirty (30) days after its second reading and adoption. Section 4. Severability If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. Section 5. City Clerk Action The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and posting procedure authorized under Government Code Section 36933(c). PASSED APPROVED AND ADOPTED this 41h day of June, 2014, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Scott A. Mann, Mayor APPROVED AS TO FORM: Juli� ornGv2G� CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KATHY BENNETT, City Clerk of the City of Menifee, do hereby attest to and certify the attached Ordinance No. 2014-138 to be the original ordinance adopted by the City Council of the City of Menifee on June 4, 2014 and that said ordinance was published in accordance with the law. Date: ( !l/- A� Kathy Bennett, City Clerk NIF Scott A.Mann Mayor Wallace W.Edgerton STATE OF CALIFORNIA ) Deputy Mayor COUNTY OF RIVERSIDE ) ss John V.Denver CITY OF MENIFEE ) Counciimember I, Kathy Bennett, City Clerk of the City of Menifee, do hereby certify that the Thomas Fuhrman foregoing Ordinance No. 2014-138 was duly adopted by the City Council of the Councilmember City of Menifee at a meeting thereof held on the 41.' day of June 2014 by the Greg August following vote: Councilmember Ayes: August, Denver, Edgerton, Fuhrman, Mann Noes: None Absent: None Abstain: None I n^ ', ' L�JAIr'l�/�i�G'1 Kathy Bennett, City Clerk 29714 Haun Road Menifee,CA 92586 Phone 951.672.6777 Fax 951.679.3843 www.cityofinenifee.us Section I : Conditions Applicable to all Departments z General Conditions 1. Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Planning Case No. 2012-033 (Specific Plan No. 209, Amendment No. 5) shall be henceforth defined as follows: SPECIFIC PLAN = Specific Plan No. 209 Amendment No.S. CHANGE OF ZONE = Change of Zone No. 2012-094 ADDENDUM = Addendum No. 6 to EIR No. 436 MMRP = Mitigation Monitoring and Reporting Program, as currently updated through the latest Addendum to the EIR EIR = EIR No. 436 2. Specific Plan Amendment Description. Planning Case 2012-033 (Specific Plan No. 209, Amendment No. 5) is a proposal to reconfigure planning area boundaries within the portion of the Specific Plan area located north of Salt Creek; modify the range of lot sizes available within the plan; and incorporate minor changes to the recreational amenities provided within the community. Proposed Amendment No. 5 primarily would affect approximately 400 acres, concentrated in the northwestern portion of the Specific Plan area. The maximum developable number of dwelling units within the Specific Plan would decrease from 2,190 to 2,157. Acreage allocated to residential use would decrease from 600.6 acres to 567.6 acres and non-residential uses would increase from 512.58 acres to 545.8 acres. Of the non-residential land uses, community recreation center would remain at 4.9 acres, parks would increase from 24.0 acres to 28.3 acres, linear parks/paseos would decrease from 35.2 acres to 26.2 acres, floodplain/riparian area would increase from 105.5 acres to 120.4 acres, conserved open space would increase from 248.1 acres to 266.6 acres, school sites would increase in size from 28.8 acres to 32.8 acres, sewer lift station would increase from 0 acres to 0.9 acres, and roadways would decrease from 66.3 acres to 65.7 acres. There have also been several revisions to the parks within the community. SPA 2012-033 proposes the minimum lot size to be lowered in Planning Areas 1A, 1B, 11A, and 11B 12, 13, 16, and 17 from 7,200 square feet to between 5,000 square feet and 6,500 square feet. SPA 2012-033 also incorporates changes to provide consistency in nomenclature with the General Plan Land Use Element, and a number of minor revisions to Planning Area boundaries and unit allocations to reflect previously-approved tentative tract maps (i.e., Tentative Tract Map Nos. 31390, 31391, 31392, 31393, 31822, 31823, and 31824). The amendment also removes the 20-year life span of the Specific Plan requiring amendment to the Specific Plan for any implementing project if the Specific Plan is not substantially built out at the 20-year timeframe at November 24, 2007. 3 3. Complete Specific Plan Document. Specific Plan No. 209 Amendment No.5 shall consist of the following: a. Specific Plan Document, which must include the following items: 1. City of Menifee City Council Specific Plan Resolution. 2. Conditions of Approval. 3. Adopting ordinance. 4. Specific Plan text. b. Addendum to the Environmental Impact Report No.436 Document, which includes the updated MMRP. If any specific plan conditions of approval differ from the specific plan text or exhibits, the specific plan conditions of approval shall take precedence. 4. MMRP. Environmental Impact Report No. 436 prescribes certain environmental mitigation measures that are mandated as part of the development of this specific plan. These mitigation measures are included in these conditions of approval by reference. 5. Limits of SP Document. No portion of the SPECIFIC PLAN which purports or proposes to change, waive or modify any ordinance or other legal requirement for the development shall be considered to be part of the adopted specific plan. Notwithstanding the above, the design guidelines and development standards of the SPECIFIC PLAN or hillside development and grading shall apply in place of more general County guidelines and standards. 6. Ninety (90) Days to Protest. The applicant has ninety (90) days from the date of the approval of these conditions to protest, in accordance with the procedures set forth in Government Code Section 66020, the imposition of any and all fees, dedications, reservations, and/or exactions imposed on this project as a result of the approval or conditional approval of this project. 7. Submit Final Documents. Within ninety (90) days of adoption of the amendment to the SPECIFIC PLAN or prior to the recordation of any implementing maps within the SPECIFIC PLAN (i.e.: tract map, parcel map, etc.), whichever shall occur first, three (3) 'hard' and four (4) electronic copies of the final SPECIFIC PLAN and updated EIR MMRP documents (SP/EIR MMRP) documents shall be submitted to the Community Development Department. The documents shall include all the items listed in the condition titled "Complete Specific Plan Document". 8. Indemnification. The developer/applicant shall indemnify, protect, defend, and hold harmless, the City and County and any agency or instrumentality thereof, and/or any, of its officers, employees and agents (collectively the "City and County") from any and all claims, actions, demands, and liabilities arising or alleged to arise as the result of the applicant's performance or failure to perform under this Specific Plan or the City's and County's approval thereof, or from any proceedings against or brought against the City or County, or any agency or instrumentality thereof, or any of their officers, employees and agents, to attack, set aside, void, annul, or seek monetary damages resulting from 4 an action by the City or County, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning Addendum to the Environmental Impact Report No. 436 and Planning Case No. 2012-033 (Specific Plan No. 209, Amendment No. 5). 5 Section II : Planning Conditions of Approval 6 General Conditions 9. Maintain Planning Area and Phasing Numbering. All planning area and phase numbers shall be maintained throughout the life of the SPECIFIC PLAN, unless otherwise approved by the Community Development Director. 10. No Planning Area Density Transfer. Density transfers between Planning Areas within the SPECIFIC PLAN shall not be permitted, except through a Substantial Conformance or the Specific Plan Amendment process. 11. Park Maintenance Annexation. Community Facilities District (CFD) 2012-1 has been created to fund maintenance of parks, landscaping, lighting and other facilities. All portions of the SPECIFIC PLAN shall annex into this CFD prior to recordation of any subdivision. 12. Archaeological Monitoring. Mitigation Measures from the MMRP for Environmental Impact Report No. 463 (as updated to through the latest Addendum to the EIR) shall be applied to all implementing projects (tract maps, use permits, etc). Mitigation Measures shall be included as Conditions of Approval on implementing projects as appropriate. 13. Processing Fees for Subsequent Submittals. Any subsequent submittals required by these conditions of approval, including but not limited to grading plan, building plan, elevations, or mitigation monitoring review, shall be reviewed on an hourly basis (research fee), or other such review fee as may be in effect at the time of submittal, as required by Riverside County Ordinance No. 671 (hereinafter Ordinance No. 671) adopted by the City or a subsequent ordinance. Each submittal shall be accompanied with a letter clearly indicating which condition or conditions the submittal is intended to comply with. Prior to Issuance of Given Building Permit Park Construction Conditions: 14. Planning Area 40F (linear park/paseo) Dedication/Plans. PRIOR TO THE ISSUANCE OF THE 100th Building Permit within the SPECIFIC PLAN, whichever occurs first, the linear park/paseo designated as Planning Area 40F shall be offered for dedication to the City or an entity designated by the City of Menifee or directly or through an appropriate mechanism as agreed to by the City and the applicant. Additionally, a minor plot plan application shall be submitted to and approved by the Community Development Department showing the conceptual park plans for Planning Area 40F. Conceptual plans shall contain overall site map or tract map showing locations of all parks, trails, channels, basins and/or open spaces; vicinity map; street names; north arrow; adjacent land use; proposed park layout including but not limited to parking lot and concrete layout, all proposed amenities, (i.e. ball fields, soccer fields, gazeboes, basketball and tennis courts, tot lots, picnic areas, lighting, decomposed granite trails, etc.); turf and planter layout; tree locations; and plant palette. The plans shall be approved by the City or an entity designated by the City of Menifee. Park construction drawings shall be submitted to the City of Menifee Engineering Department upon approval of the conceptual park plans by Planning. 7 15. Planning Area 40F(linear park/paseo) Constructed. PRIOR TO THE ISSUANCE OF THE 350th Building Permit within the SPECIFIC PLAN whichever occurs first, the linear park/paseo within Planning Area 40F shall be constructed and fully operable. The annexation to the City or an entity designated by the City of Menifee or other mechanism as agreed to by the City and the application for maintenance of Planning Area 40F shall be completed. 16. Planning Area 39 (park) Dedication/Plans. PRIOR TO THE ISSUANCE OF THE 300th Building Permit within the SPECIFIC PLAN, the park designated as Planning Area 39 shall be offered for dedication to the City or an entity designated by the City of Menifee or another mechanism as agreed to by the City and the applicant. Additionally, a minor plot plan application shall be filed with the Community Development Department showing the conceptual park plans for Planning Area 39. Conceptual plans shall contain overall site map or tract map showing locations of all parks, trails, channels, basins and/or open spaces; vicinity map; street names; north arrow; adjacent land use; proposed park layout including but not limited to parking lot and concrete layout, all proposed amenities, (i.e. ball fields, soccer fields, gazeboes, basketball and tennis courts, tot lots, picnic areas, lighting, decomposed granite trails, etc.); turf and planter layout; tree locations; and plant palette. The plans shall be approved by the City or an entity designated by the City of Menifee. Park construction drawings shall be submitted to the City of Menifee Engineering Department upon approval of the conceptual park plans by the Community Development Department, 17. Planning Area 39 (park) Constructed. PRIOR TO THE ISSUANCE OF THE 300th Building Permit within the SPECIFIC PLAN, the park site within Planning Area 39 shall be constructed and fully operable. The park shall be maintained by the developer until annexation into a maintenance district or other mechanism as agreed to by the City. 18. Planning Area 31 (park) Dedication/Plans. PRIOR TO THE ISSUANCE OF THE 300th Building Permit in the SPECIFIC PLAN, the park designated as Planning Area 31, shall be offered for dedication to The City or other entity acceptable to the City of Menifee. Additionally, a minor plot plan application shall be submitted to and approved by the Community Development Department showing the conceptual park plans for the Planning Area 31. Conceptual plans shall contain overall site map or tract map showing locations of all parks, trails, channels, basins and/or open spaces; vicinity map; street names; north arrow; adjacent land use; proposed park layout including but not limited to parking lot and concrete layout, all proposed amenities, (i.e. ball fields, soccer fields, gazeboes, basketball and tennis courts, tot lots, picnic areas, lighting, decomposed granite trails, etc.); turf and planter layout; tree locations; and plant palette. The plans shall be approved by The City or other entity acceptable to the City of Menifee. Park construction drawings shall be submitted to the City of Menifee Engineering Department upon approval of the conceptual park plans by the Community Development Department. 19. Planning Area 31 (park) Constructed. PRIOR TO THE ISSUANCE OF THE 650th Building Permit within the SPECIFIC PLAN, whichever occurs first, the park site within Planning Area 31 shall be constructed and fully operable. 8 20. Planning Area 40E (linear park/paseo) Dedication/Plans. PRIOR TO THE ISSUANCE OF THE 775th Building Permit within the SPECIFIC PLAN, the linear park/paseo designated as Planning Area 40E shall be offered for dedication to The City or other entity acceptable to the City of Menifee. Additionally, a minor plot plan application shall be submitted to and approved by the Community Development Department showing the conceptual park plans for Planning Area 40E. Conceptual plans shall contain overall site map or tract map showing locations of all parks, trails, channels, basins and/or open spaces; vicinity map; street names; north arrow; adjacent land use; proposed park layout including but not limited to parking lot and concrete layout, all proposed amenities, (i.e. ball fields, soccer fields, gazeboes, basketball and tennis courts, tot lots, picnic areas, lighting, decomposed granite trails, etc.); turf and planter layout; tree locations; and plant palette. The plans shall be approved by The City or other entity acceptable to the City of Menifee. Park construction drawings shall be submitted to the City of Menifee Engineering Department upon approval of the conceptual park plans by the Community Development Department. 21. Planning Area 40E (linear park/paseo) Constructed. PRIOR TO THE ISSUANCE OF THE 900th Building Permit within the SPECIFIC PLAN, the linear park/paseo site within Planning Area 40E shall be constructed and fully operable. 22. Planning Area 40B (linear park/paseo) Dedication/Plans. PRIOR TO THE ISSUANCE OF THE 900th Building Permit within the SPECIFIC PLAN, the linear park/paseo designated as Planning Area 40B shall be offered for dedication to The City or other entity acceptable to the City of Menifee. Additionally, a minor plot plan application shall be submitted to and approved by the Community Development Department showing the conceptual park plans for Planning Area 40B. Conceptual plans shall contain overall site map or tract map showing locations of all parks, trails, channels, basins and/or open spaces; vicinity map; street names; north arrow; adjacent land use; proposed park layout including but not limited to parking lot and concrete layout, all proposed amenities, (i.e. ball fields, soccer fields, gazeboes, basketball and tennis courts, tot lots, picnic areas, lighting, decomposed granite trails, etc.); turf and planter layout; tree locations; and plant palette. The plans shall be approved by The City or other entity acceptable to the City of Menifee. Park construction drawings shall be submitted to the City of Menifee Engineering Department upon approval of the conceptual park plans by the Community Development Department. 23. Planning Area 40B (linear park/paseo) Constructed. PRIOR TO THE ISSUANCE OF THE 1100th Building Permit within the SPECIFIC PLAN, the linear park/paseo within Planning Area 40B shall be constructed and fully operable. 24. Planning Areas 40C and 40D (linear park/paseo) Dedication/Plans. PRIOR TO THE ISSUANCE OF THE 1300th Building Permit within the SPECIFIC PLAN, the linear park/paseo designated as Planning Areas 40C and 40D shall be offered for dedication to The City or other entity acceptable to the City of Menifee. Additionally, a minor plot plan application shall be submitted to and approved by the Community Development Department showing the conceptual park plans for Planning Areas 40C and 40D. Conceptual plans shall contain overall site map or tract map showing locations of all parks, trails, channels, basins and/or open spaces; vicinity map; street names; north arrow; adjacent land use; proposed park layout including but not limited to parking lot and concrete layout, all proposed amenities, (i.e. ball fields, soccer fields, gazeboes, 9 basketball and tennis courts, tot lots, picnic areas, lighting, decomposed granite trails, etc.); turf and planter layout; tree locations; and plant palette. The plans shall be approved by The City or other entity acceptable to the City of Menifee. Park construction drawings shall be submitted to the City of Menifee Engineering Department upon approval of the conceptual park plans by the Community Development Department. 25. Planning Areas 40C and 40D (linear park/paseo) Constructed. PRIOR TO THE ISSUANCE OF THE 1400th Building Permit within the SPECIFIC PLAN, the linear park/paseo site within Planning Areas 40C and 40D shall be constructed and fully operable. 26. Planning Area 30 (park) Dedication/Plans. PRIOR TO THE ISSUANCE OF THE 1100th Building Permit within the SPECIFIC PLAN, the park designated as Planning Area 30 shall be offered for dedication to The City or other entity acceptable to the City of Menifee. Additionally, a minor plot plan application shall be submitted to and approved by the Community Development Department showing the conceptual park plans for Planning Area 30. Conceptual plans shall contain overall site map or tract map showing locations of all parks, trails, channels, basins and/or open spaces; vicinity map; street names; north arrow; adjacent land use; proposed park layout including but not limited to parking lot and concrete layout, all proposed amenities, (i.e. ball fields, soccer fields, gazeboes, basketball and tennis courts, tot lots, picnic areas, lighting, decomposed granite trails, etc.); turf and planter layout; tree locations; and plant palette. The plans shall be approved by The City or other entity acceptable to the City of Menifee. Park construction drawings shall be submitted to the City of Menifee Engineering Department upon approval of the conceptual park plans by the Community Development Department. 27. Planning Area 30 (park) PRIOR TO THE ISSUANCE OF THE 1400th Building Permit within the SPECIFIC PLAN, the park site within Planning Area 30 shall be constructed and fully operable. 28. Planning Area 42 (Community Recreation Center) Dedication/Plans PRIOR TO THE ISSUANCE OF THE 1250th Building Permit within the SPECIFIC PLAN, the park and community center designated as Planning Area 42 shall be offered for dedication to The City or other entity acceptable to the City of Menifee. Additionally, a minor plot plan application shall be submitted to and approved by the Community Development Department showing the conceptual park plans for Planning Area 42. Conceptual plans shall contain overall site map or tract map showing locations of all parks, trails, channels, basins and/or open spaces; vicinity map; street names; north arrow; adjacent land use; proposed park layout including but not limited to parking lot and concrete layout, all proposed amenities, (i.e. ball fields, soccer fields, gazeboes, basketball and tennis courts, tot lots, picnic areas, lighting, decomposed granite trails, etc.); turf and planter layout; tree locations; and plant palette. The plans shall be approved by The City or other entity acceptable to the City of Menifee prior to approval by the Community Development Department. Proof of such approval shall be submitted to the Community Development Department. Park construction drawings shall be submitted to the City of Menifee Engineering Department upon approval of the conceptual park plans by the Community Development Department. 10 29. Planning Area 42 (Community Recreation Center) Constructed. PRIOR TO THE ISSUANCE OF THE 1,350thth Building Permit in the SPECIFIC PLAN, the park and community center designated as Planning Area 42 shall be constructed and fully operational prior to the issuance of the 1,350th Building Permit. 30, Planning Area 40A (linear park/paseo) Dedication/Plans. PRIOR TO THE ISSUANCE OF THE 1600th Building Permit within the SPECIFIC PLAN, the linear park/paseo designated as Planning Area 40A shall be offered for dedication to The City or other entity acceptable to the City of Menifee. Additionally, a minor plot plan application shall be submitted to and approved by the Community Development Department showing the conceptual park plans for Planning Area 40A. Conceptual plans shall contain overall site map or tract map showing locations of all parks, trails, channels, basins and/or open spaces; vicinity map; street names; north arrow; adjacent land use; proposed park layout including but not limited to parking lot and concrete layout, all proposed amenities, (i.e. ball fields, soccer fields, gazeboes, basketball and tennis courts, tot lots, picnic areas, lighting, decomposed granite trails, etc.); turf and planter layout; tree locations; and plant palette. The plans shall be approved by The City or other entity acceptable to the City of Menifee. Park construction drawings shall be submitted to the City of Menifee Engineering Department upon approval of the conceptual park plans by the Community Development Department. 31. Planning Area 40A (linear park/paseo) Constructed. PRIOR TO THE ISSUANCE OF THE 1800th Building Permit within the SPECIFIC PLAN, the linear park/paseo designated as Planning Area 40A shall be constructed and fully operable. 32. Planning Area 40H (linear park/paseo) Dedication/Plans. PRIOR TO THE ISSUANCE OF THE 1700th Building Permit within the SPECIFIC PLAN, the linear park/paseo designated as Planning Area 40H shall be offered for dedication to The City or other entity acceptable to the City of Menifee. Additionally, a minor plot plan application shall be submitted to and approved by the Community Development Department showing the conceptual park plans for Planning Area 40H. Conceptual plans shall contain overall site map or tract map showing locations of all parks, trails, channels, basins and/or open spaces; vicinity map; street names; north arrow; adjacent land use; proposed park layout including but not limited to parking lot and concrete layout, all proposed amenities, (i.e. ball fields, soccer fields, gazeboes, basketball and tennis courts, tot lots, picnic areas, lighting, decomposed granite trails, etc.); turf and planter layout; tree locations; and plant palette. The plans shall be approved by The City or other entity acceptable to the City of Menifee. Park construction drawings shall be submitted to the City of Menifee Engineering Department upon approval of the conceptual park plans by the Community Development Department. 33. Planning Area 40H(linear park/paseo) Constructed. PRIOR TO THE ISSUANCE OF THE 1900th Building Permit within the SPECIFIC PLAN, the linear park/paseo designated as Planning Area 40H shall be constructed and fully operable. 34. Planning Area 1C (park) Dedication/Plans. PRIOR TO THE ISSUANCE OF THE 1800th Building Permit within the SPECIFIC PLAN, the park designated as Planning Area 1C shall be offered for dedication to The City or other entity acceptable to the City of Menifee. Additionally, a minor plot plan application shall be submitted to and approved by the Community Development Department showing the conceptual park plans for 11 Planning Area 1C. Conceptual plans shall contain overall site map or tract map showing locations of all parks, trails, channels, basins and/or open spaces; vicinity map; street names; north arrow; adjacent land use; proposed park layout including but not limited to parking lot and concrete layout, all proposed amenities, (i.e. ball fields, soccer fields, gazeboes, basketball and tennis courts, tot lots, picnic areas, lighting, decomposed granite trails, etc.); turf and planter layout; tree locations; and plant palette. The plans shall be approved by The City or other entity acceptable to the City of Menifee. Park construction drawings shall be submitted to the City of Menifee Engineering Department upon approval of the conceptual park plans by the Community Development Department. 35. Planning Area 1C (park) Constructed. PRIOR TO THE ISSUANCE OF THE 2000th Building Permit within the SPECIFIC PLAN, the park site within Planning Area 1C shall be constructed and fully operable. The undersigned warrants that he/she is an authorized representative of the project referenced above, that I am specifically authorized to consent to all of the foregoing conditions, and that I so consent as of the date set out below. Signed Date Name (please print) Title (please print) 12 EXHIBIT "2" Conditions of Approval for Audie Murphy Ranch Specific Plan Amendment Specific Plan Amendment No. 2012-033 (Amendment No. 5 to Specific Plan No. 209) Section I: Conditions applicable to All Departments Section II: Planning Conditions of Approval I