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HomeMy WebLinkAbout90-119 CC ResolutionRESOLUTION NO. 90-119 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLOT PLAN NO. 10864 TO CONSTRUCT A 260 UNIT TOWNHOUSE COMPLEX ON A PARCEL CONTAINING 22.22 ACRES LOCATED ON RANCHO CALIFORNIA ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 944-290-011. WHEREAS, Boyd and Iszler filed Plot Plan No. 10864 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Plot Plan application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Plot Plan on December 3, 1990, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission recommended approval of said Plot Plan; WHEREAS, the City Council conducted a public heating pertaining to said Plot Plan on December 11, 1990, at which time interested persons had opportunity to testify either in support or opposition to said Plot Plan; and WHEREAS, the City council received a copy of the Commission proceedings and Staff Report regarding the Plot Plan; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Findings. That the Temecula City Council hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: 1. The City is proceeding in a timely fashion with the preparation of the general plan. 2. The planning agency finds, in approving projects and taking other actions, including Rems 90-119 1 the issuance of building permits, each of the following: a. There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b. There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c. The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP" was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The proposed Plot Plan is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code, to wit: 1. The City is proceeding in a timely fashion with a preparation of the general plan. 2. The City Council finds, in approving projects and taking other actions, including the issuance of building permits, pursuant to this title, each of the following: a. There is reasonable probability that Plot Plan No. 10864 proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b. There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c. The proposed use or action complies with all other applicable requirement of state law and local ordinances. D. 1. Pursuant to Section 18.30 (c), no plot plan may be approved unless the following findings can be made: a. The proposed use must conform to all the General Plan requirements and with all applicable requirements of state law and City ordinances. b. The overall development of the land is designed for the protection of the public health, safety and general welfare, conforms to the logical development of the land and is Resos 90-119 2 compatible with the present and future logical development of the surrounding property. 2. The City Council, in approving the proposed Plot Plan, makes the following findings, to wit: a. There is a reasonable probability that Plot Plan No. 10864 will be consistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with State law. b. There is not a likely probability of substantial detriment to or interference with the future General Plan, if the proposed use is ultimately inconsistent with the plan. c. The proposed use or action complies with State planning and zoning laws. d. The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configuration, circulation patterns, access, and intensity of use. e. The project as designed and conditioned will not adversely affect the public health or welfare. f. The project is compatible with surrounding land uses. The harmony in scale, bulk, height, intensity, and coverage creates a compatible physical relationship with adjoining properties. g. The proposal will not have an adverse effect on surrounding property, because it does not represent a significant change to the present or planned land use of the area. h. The project has acceptable access to a dedicated right-of-way which is open to, and useable by, vehicular traffic. i. The project designed and conditioned will not adversely affect the built or natural environment as determined in the expanded initial study performed for this project. j. The design of the project and the type of improvements are such that they are not in conflict with easements for access through or use of the property within the proposed project. k. That said findings are supported by minutes, maps, exhibits and environmental documents associated with these applications and herein incorporated by reference. E. As conditioned pursuant to Section 3, the Plot Plan proposed conforms to the logical development of its proposed site, and is compatible with the present and future development of the surrounding property. Section 2. Environmental Compliance. An Initially Study prepared for this project Resos 90-119 3 indicates that although the proposed project could have a significant impact on the environment, will not be a significant effect in this case because the mitigation measures described in the Conditions of Approval have been added to the project, and a Negative Declaration, therefore, is hereby granted. Section 3. Conditions. That the City of Temecula City Council hereby approves Plot Plan No. 10864 to construct a 260 unit townhouse complex located on Rancho California Road and known as Assessor's Parcel No. 944-290-011 subject to the following conditions: A. Exhibit A, attached hereto. Section 4. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED, this 1 lth day of December, 1990. AT'FEST: Ronald J. Parks, Mayor Jufw~;reek, Deputy C/ty~L:~erk [SEAL] Resos 90-119 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS CITY OF TEMECULA ) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 1 lth day of December, 1990 by the following vote of the Council: AYES: 5 COUNCILMEMBERS: Birdsall, Moore Lindemans, Mufioz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None June~,-r~k, Deputy City-L-'lerl¢ Resos 90-119 5 CITY OF TEMECULA CONDITIONS OF APPROVAL Plot Plan No' Project Description: Assessor's Parcel No.: 10864 260 Townhouses 944-290-011 Planninq Department The use hereby permitted by this plot plan is for the construction of a 260 unit townhouse development on a parcel containing approximately 22.22 acres. o The permittee shall defend, indemnify, and hold harmless the City of Temecula, its agents, officers, and employees from any claims, action, or proceeding against the City of Temecula or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City of Temecula, its advisory agencies, appeal boards, or legislative body concerning Plot Plan No. 10864. The City of Temecula will promptly notify the permittee of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the permittee of any such claim, action or proceeding or fails to cooperate fully in the defense, the permittee shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. o This approval shall be used within two (2) years of approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two 12) year period which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. This approval shall expire on December 11, 1992. The development of the premises shall conform substantially with that as shown on Plot Plan No. 10864 marked Exhibits A, B, and C, or as amended by these conditions. o Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. The applicant shall comply with the Engineering Department's Conditions of Approval which are included herein. STAFFRPT\TM26549. A 1 o o 10. 11. 13. 15. 16. Prior to the issuance of grading or building permits, three 13) copies of a Parking, Landscaping, Irrigation, and Shading Plans shall be submitted to the Planning Department of approval. The location, number, genus, species, and container size of the plants shall be shown. Plans shall meet all requirements of Ordinance No. 348, Section 18.12, and shall be accompanied by the appropriate filing fee. All landscaped areas shall be planted in accordance with approved landscape, irrigation, and shading plans prior to the issuance of occupancy permits. An automatic sprinkler system shall be installed and all landscaped areas shall be maintained in a viable growth condition. Planting within ten 1101 feet of an entry or exit driveway shall not be permitted to grow higher than thirty 130) inches. A minimum of 685 parking spaces shall be provided in accordance with Section 18.12, Riverside County Ordinance No. 348. 685 parking spaces shall be provided as shown on the Approved Exhibit B. The parking area shall be surfaced with aspbaltic concrete paving to a minimum depth of 3 inches on 4 inches of Class II base. Prior to the issuance of building permits, the applicant shall obtain clearance and/or permits from the following agencies' Planning Department Engineering Department Environmental Health School District Riverside County Flood Control Fire Department. Prior to the issuance of building permits, the following additional plans shall be submitted for Planning Department approval: Landscaping, Irrigation, and Shading Plans. A Plot Plan application for a Sign Program shall be submitted and approved by the Planning Director prior to occupancy. Building elevations shall be in substantial conformance with that shown on Exhibit D. Materials used in the construction of all buildings shall be in substantial conformance with that shown on Exhibit D IColor Elevations~. Roof-mounted equipment shall be shielded from ground view. Screening material shall be subject to Planning Department approval. No building permits shall be issued by the City of Temecula for any residential lot/unit within the project boundary until the developer, or the developer's successors-in-interest, provides evidence of compliance with public facility financing measures. A cash sum of one-hundred dollars I$100) per lot/unit shall be deposited with the City of Temecula Department of Building and Safety as mitigation for public library development. STAFFRPT\TI~I~6549. A 2 17. 18. 19. 20. 21. 22. 23. 24. 25. In accordance with the written request of the developer to the City of Temecula, a copy of which is on file, and in furtherance of the acjreement~ by the developer to contribute to the financing of public facilities, no building permit shall be issued by the City of Temecula for any units within the subject property until the developer, or the developer's successors or assignees, provides evidence of compliance with the terms of said agreement for the financing of public facilities. Prior to the final building inspection approval by the Building and Safety Department, a six foot high decorative block wall or combination landscaped earthen berm and decorative block wall shall be constructed along the perimeter of the property. The required wall and/or berm shall be subject to the approval of the Director of the Department of Building and Safety and the Planning Director. All trash enclosures shall be constructed prior to the issuance of occupancy permits. Each enclosure shall be six feet in height and shall be made with masonry block and a steel gate which screens the bins from external view. Landscape screening shall be designed to be opaque up to a minimum height of six 16) feet at maturity along Rancho California Road, Moraga Road and Lot "A" street. Landscaping plans shall incorporate the use of specimen canopy trees along streets and within the parking areas. All existing specimen trees on the subject property shall be preserved wherever feasible. Where they cannot be preserved they shall be relocated or replaced with specimen trees as approved by the Planning Director. Any oak trees removed with four 14) inch or larger trunk diameters shall be replaced on a ten 110) to one (1) basis as approved by the Planning Director. All street lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of BuilHing and Safety for plan check approval and shall comply with the requirem~ ~ts of Riverside County Ordinance No. 655. Prior to the issuance of grading permits, the applicant shall comply with Ordinance No. 663 by paying the fee required by that ordinance which is based on the gross acreage of the parcels proposed for development I the number of single family residential units on lots which are a minimum of one- half 11/21 gross acre in size). Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fees required by Ordinance No. 663, the applicant shall pay the fee required under the Habitat Conservation Plan as implemented by County ordinance or resolution. STAFFRPT\TM~76549. A 3 26. 27. 28. 29. 30. 31. 32. 33. Prior to the issuance of building permits, performance securities, in amounts to be determined by the Director of Building and Safety to guarantee the installation of plantings, walls, and fences in accordance with the approved plan, and adequate maintenance of the Planting for one year, shall be filed with the Department of Building and Safety. Prior to the issuance of occupancy permits, all required landscape planting and irrigation shall have been installed and be in a condition acceptable to the Director of Building and Safety. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. Prior to the sale or lease of any structure as shown on Revised Exhibit A, a land division shall be recorded, subject to the Conditions of Approval for Tentative Tract Map No. 26549, in accordance with Riverside County Ordinance No. 460 and any other pertinent ordinance. Prior to the issuance of grading permits and/or building permit, the developer or his successor's interest shall submit a mitigation monitoring program I per attached example) which shall describe how compliance with required mitigation measures will be met and the appropriate monitoring timing of the mitigation. The applicant shall reimburse the City for all monitoring activity cost. Prior to issuance of building permits, the applicant shall pay to the City all applicable Quimby Act fees or shall provide land in lieu of fees. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. The developer shall make a good faith effort to acquire the required off-site property interests, and if he or she should fail to do so, the developer shall at least 120 days prior to submittal for building permit, enter into an agreement to complete the improvements pursuant to Government Code Section 66462 at such time as the City acquires the property interests required for the improvements. Such agreement shall provide for payment by the developer of all costs incurred by the City to acquire the off-site property interests required in connection with the project. Security for a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the developer, at the developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. Prior to the issuance of an occupancy permit, the applicant shall enter into an agreement for the refuse service to include the utilization of a small pick-up truck equipped with a lift mechanism and collection container; thus, prohibiting the entering of large refuse trucks into the project. Said agreement shall be submitted to the Planning Director for approval. STAFF R PT\TM26549. A 4 Buildinq & Safety Department 35. The applicant shall fill out an application for final inspection. Allow two (2) weeks processing time to obtain all required clearances prior to final inspection. Riverside County Fire Department 36. The Fire Department is required to set a minimum fire flow for the remodel or construction of all commercial buildings using the procedure established in Ordinance 546. 37. Provide or show there exists a water system capable of delivering 1750 GPM for a 2 hour duration at 20 P51 residual operating pressure, which must be available before any combustible material is placed on the job site. 38. A combination of on-site and off-site super fire hydrants, on a looped system (6"x4"x2 1/2x2 1/2), will be located not less than 25 feet or more than 165 feet from any portion of the building as measured along approved vehicular travelways. The required fire flow shall be available from any adjacent hydrant(s) in the system. 39. The required fire flow may be adjusted at a later point in the permit process to reflect changes in design, construction type, area separation of built-in fire protection measures. 40. Applicant/developer shall furnish one copy of the water system plans to the Fire Department for review. Plans shall conform to the fire hydrant types, location and spacing, and, the system shall meet the fire flow requirements. Plans shall be signed/approved by a registered civil engineer and the local water company with the following certification: "1 certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." 41. Install a complete fire sprinkler system in all buildings requiring a fire flow of 1500 GPM or greater. The post indicator valve and fire department connection shall be located to the front, within 50 feet of a hydrant, and a minimum of25feetfromthebuilding(s). Astatementthatthebuilding(s) will be automatically fire sprinklered must be included on the title page of the building plans. 42. Install a supervised waterflow monitoring fire alarm system. Plans must be submitted to the Fire Department for approval prior to installation, as per UBC. 43. Certain designated areas will be required to be maintained as fire lanes. 44. Install portable fire extinguishers with a minimum rating of 2A-10BC. Contact a certified extinguisher company for proper placement of equipment. STAFFR PT\TM26549. A 5 45. Prior to the issuance of a building permit, the developer shall deposit with the City of Temecula, $400.00 per unit as mitigation for fire protection impacts. 46. Final conditions will be addressed when building plans are reviewed in the Building and Safety Office. Riverside County Flood Control and Water Conservation District 47. A flood mitigation charge shall be paid. The charge shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of new development. 48. The property's street and lot grading should be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage area, outlet points and outlet conditions, otherwise, a drainage easement shou I d be obtained from the affected property owners for the release of concentrated or diverted storm flows. A copy of the recorded drainage easement should be submitted to the District for review prior to the issuance of permits. 49. On-site drainage facilities located outside of road right of way should be contained within drainage easements. Drainage easements shall be kept free of buildings and obstructions. 50. Off-site drainage facilities should be located within publicly dedicated drainage easements obtained from the affected property owners. The documents should be recorded and a copy submitted to the District prior to the issuance of permits. 51. A copy of the improvement plans and grading plans along with supporting hydrologic and hydraulic calculations should be submitted to the District for review and approval prior to the issuance of grading or building permits. 52. A comprehensive erosion control plan shall be developed, and shall be implemented immediately following grading to prevent deposition of debris onto downstream properties or drainage facilities. 53. An underground concrete storm drain should be constructed as shown in concept on Exhibit "E" attached hereto, to convey the entire 100 year flow from the southerly portion of the proposed project to Empire Creek. An energy dissipator and/or rock slope protection shall be provided at Empire Creek to prevent erosion of the channel banks and invert. All facilities shall be constructed to District standards. The offsite portion of the required drain should be constructed prior to any grading operations on the proposed project. STAff R PT\TM2651~9 . A 6 Enclineerinq Department The following are the Engineering Department Conditions of Approval for this project. and shall be completed at no cost to any Government Agency. All questions regarding the true meaning of the conditions shall be referred to the Engineerin9 Department. It is understood that the Developer correctly shows all existing easements, traveled ways, and drainage courses, and their omission may require the project to be resubmitted for further consideration. PRIOR TO ISSUANCE OF GRADING PERMITS: 54. The developer shall receive written clearance from the following agencies: Rancho California Water District; Eastern Municipal Water District; Riverside County Flood Control district; City of Temecula Fire Bureau; Planning Department; Engineering Department; Riverside County Health Department; CATV Franchise; and 55. The developer shall submit four (4) prints of a comprehensive grading plan to the Engineering Department. The plan shall comply with the Uniform Building Code and Chapter 70 as may be additionally provided for in these Conditions of Approval. The plan shall be drawn on 24"x36" mylar by a Registered Civil Engineer. 56. The developer shall submit four (4) copies of a soils report to the Engineering Department. The report shall address the soils stability and geological conditions of the site. 57. A grading permit shall be obtained from the Engineering Department prior to commencement of any grading outside of the City-maintained road right-of- way. 58. No grading shall take place prior to the improvement plans being substantially complete, appropriate clearance letters and approval by the City Engineer. 59. If grading is to take place between the months of October and April, erosion control plans will be required. Erosion control plans and notes shall be submitted and approved by the Engineering Department. 60. All site plans, grading plans, landscape and irrigation plans, and street improvement plans shall be coordinated for consistency with approved plans. STAFFR PT\TM26549. A 7 61. 62. 63. 64. 65. 66. 67. Street improvement plans including parkway trees and street lights prepared by a Registered Civil Engineer and approved by the City Engineer shall be required for all public streets prior to issuance of an Encroachment Permit. Final plans and profiles shall show the location of existing utility facilities within the right-of-way. Prior to any work being performed on the private streets or drives, fees shall be paid and a construction permit shall be obtained from the City Engineer's Office, in addition to any other permits required. An erosion control plan shall be required in order to protect the project site and downstream properties. The erosion control plan shall consider any proposed construction phasing and be designed to implement improvements as required. Slopes shall be protected by erosion control measures which shall include the installation of landscaping and drainage facilities as soon as possible following the construction of the slopes and related grading. Existing city roads requiring construction shall remain open to traffic at all times with adequate detours during construction. A street closure permit may be required. The subdivider shall construct or post security and an agreement shall be executed guaranteeing the construction of the following public improvements in conformance with applicable City standards. Street improvements, including, but not limited to: pavement, curb and gutter, medians, sidewalks, drive approaches, street lights, signing, striping, traffic signal systems, and other traffic control devices as appropriate. b. Storm drain facilities. c. Landscaping (street and parks). d. Sewer and domestic water systems. A flood mitigation charge shall be paid. The charge shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of new development. The charge is payable to the Flood Control District prior to issuance of permits. If the full Area Drainage Plan fee or mitigation charge has already credited to this property, no new charge needs to be paid. A drainage study shall be submitted to and approved by the City Engineer. All drainage facilities shall be installed as required by the City Engineer. STAFFRPT\TM26549. A 8 68. All drainage sump conditions shall be provided with a secondary overland escape into an approved drainage easement, or a storm drain system may be designed for the 100 year storm plus, 50% bulking, or as approved by the City Engineer. 69. A drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows onto the adjacent property. A copy of the recorded drainage easement shall be submitted to the City for review. 70. All concentrated drainage directed toward the public street shall be diverted through the undersidewalk drains. PRIOR TO ISSUANCE OF BUILDING PERMIT: 71. A precise grading plan shall be submitted to the Engineering Department for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soil Engineer shall issue a Final Soils Report addressing compaction and site conditions. 72. Prior to issuance of a building permit, the developer shall deposit with the Engineering Department a cash sum as established per acre as mitigation for traffic signal impa~t. 73. A minimum centerline street grade shall be 0.50 percent. 74. Street improvement plans per City Standards for the private streets or drives shall be required for review and approval by the City Engineer. 75. Prior to building permit, the subdivider shall notify the City's C.A.T.V. Franchises of the intent to develop. Conduit shall be installed to C.A.T.V. Standards prior to issuance of Certificates of Occupancy. PRIOR TO ISSUANCE OF CERTIFICATION OF OCCUPANCY: 76. Street lights shall be provided along streets adjoining the subject site in accordance with the standards of Ordinance No. 461 and as approved by the City Engineer. 77. Concrete sidewalks shall be constructed along all public street frontages in accordance with Riverside County Standard Nos. 400 and 401. 78.a. Improvement plans shall be based upon a centerline profile extending a minimum of 300 feet beyond the project boundaries at a grade and alignment as approved by the City Engineer. 78.b. The developer shall enter into a Reimbursement Agreement with the City of Temecula for the purpose of construction of street improvements on Rancho California Road by the Margarita Villages Benefit District. STAFFRPT\TM26549. A 9 79. 80. 81. 82. 83. 84. 85. 86. 87. 88. 89. In. the event the improvements on the south side of Rancho California Road are not already constructed by the Margarita Villages Benefit District prior to occupancy, the developer shall construct these required off-site improvements as approved by the City Engineer. All street improvements shall be installed to the satisfaction of the City Engineer. All street centerline intersections shall be at 90 degrees or as approved by the City Engineer. The following perimeter landscaped parkways are required to be annexed into the landscape maintenance districts: Lots 2, 3, and 4. All units shall be provided with zero clearance garage doors and garage door openers if driveway is less than 18 feet in depth from back of sidewalk. Rancho California Road shall be improved with 43 feet of asphalt concrete pavement within the dedicated right-of-way in accordance with County Standard No. 100 (43'/55'). Moraga Road shall be improved with 56 feet of asphalt concrete pavement within the dedicated right-of-way in accordance with County Standard No. 111 156'/78'). Street "A" shall be improved with 22 feet of half street improvement plus one 12' lane within a 45' dedicated right-of-way in accordance with County Standard No. 103, Section A 144'/66'). In the event road or off-site right-of-way are required to comply with these conditions, such easements shall be obtained by the developer; or, in the event the City is required to condemn the easement or right-of-way, as provided in the Subdivision Map Act, the developer shall enter into an agreement with the City for the acquisition of such easement at the developer's cost pursuant to Government Code Section 66462.5, which shall be at no cost to the City. Dedicate a 28 foot easement for public utilities and emergency vehicles access for all private streets and drives. Corner property line cut off shall be required per Riverside County Standard No. 805. Developer shall pay any capital fee for road improvements and public facilities imposed upon the property or project, including that for traffic and public facility mitigation as required under the EIR/Negative Declaration for the project, in the amount in effect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not been finally STAFFR PT\TM26549. A 10 90. established by the date on which Developer requests its building permits for tl~e project or any phase thereof, the Developer shall execute the Agreement for Payment of Public Facility Fee, a copy of which has been provided to Developer. Developer understands that said agreement may require the payment of fees in excess of those now estimated l assuming benefit to the project in the amount of such feesl and specifically waives its right to protest such increase. A declaration of Covenants, Conditions and Restrictions ICC&R's) shall be prepared by the developer and submitted to the Director of Planning, City Engineer and City Attorney. The CC&R's shall be signed and acknowledged by all parties having any record title interest in the property to be developed, shall make the City a party thereto, and shall be enforceable by the City. The CC&R's shall be reviewed and approved by the City and recorded. The CC&R's shall be subject to the following conditions: a. The CC&R's shall be prepared atthe developer's sole cost and expense. bo The CC&R's shall be in the form and content approved by the Director of Planning, City Engineer and the City Attorney, and shall include such provisions as are required by this approval and as said officials deem necessary to protect the interest of the City and its residents. Co Tl~e CC&R's and Articles of Incorporation of the Property Owner's Association are subject to the approval of the Planning and Engineering Divisions and the City Attorney. They shall be recorded concurrent with the final map. A recorded copy shall be provided to the City. do The CC&R's shall provide for the effective establishment, operation, management, use, repair and maintenance of ~ common areas and facilities. The CC&R's shall provide that the property shall be developed, operated and maintained so as not to create a public nuisance. Tl~e CC&R's shall provide that if the property is not maintained in the condition required by the CC&R's, then the City, after making due demand and giving reasonable notice, may enter the property and perform, at the owner's sole expense, any maintenance required thereon by the CC&R's or the City ordinances. The property shall be subject to a lien in favor of the City to secure any such expense not promptly reimbursed. ST^ FF R PT\TM~6549. A 11 Transportation Enqineerinq PRIOR TO ISSUANCE OF BUILDING PERMITS: 91. A signing and striping plan shall be designed by a registered Traffic Engineer and approved by the City Engineer for westbound Rancho California Road which includes but is not limited to a 200' left turn lane for southbound Moraga Road, for northbound Moraga Road which includes but is not limited to a 125' left turn lane with transitions for westbound Rancho California Road and for northbound "A" Street which includes but is not limited to a centerline stripe. These plans shall be included in the street improvement plans. 92. Design of a traffic signal interconnect to show conduit with pull rope , and pull box locations along the property fronting the south side of Rancho California Road. This design shall be shown on the street improvement plans and must be approved by the City Engineer. 93. Plans for the traffic signal modification shall be designed by a registered Traffic Engineer and approved by the City Engineer for the intersection of Rancho California Road and Moraga Road and shall be included in the street improvement plans with the second plan check submittal. 94. Prior to designing any of the above plans, contact Transportation Engineering for the design requirements. PRIOR TO THE ISSUANCE OF ANY ENCROACHMENT PERMITS: 95. A construction area traffic control plan shall be designed by a registered Traffic Engineer and approved by the City Engineer for any street closure and detour or other disruption to traffic circulation as required by the City Engineer. PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS: 96. All signing and stripin9 shall be installed per the City requirements and the approved signing and striping plan. 97. All traffic signal modifications shall be installed at their ultimate location and operational per the City requirements, special provisions, and the approved traffic signal plan. 98. All traffic signal interconnects shall be installed per the City requirements and the approved plan. 99. "A" Street shall be designed to prohibit left turning movements to and from Rancho California Road. No median break will be provided on Rancho California Road to permit these movements. STAFFR PT\TM26549. A 12