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HomeMy WebLinkAbout90-120 CC ResolutionRESOLUTION NO. 90-120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF TENTATIVE TRACT MAP NO. 26549 TO SUBDIVIDE A 22.22 ACRE PARCEL INTO A 260 UNIT TOWNHOUSE DEVELOPMENT LOCATED ON RANCHO CALIFORNIA ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 944- 290-011 WHEREAS, Boyd and Iszler filed Tentative Tract Map No. 26549 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Tentative Tract Map application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Tentative Tract Map 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 Tentative Tract Map; WHEREAS, the City Council considered said Tentative Tract Map on December 11, 1990, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Council hearing, the Council approved said Tentative Tract Map; 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 the issuance of building permits, each of the following: Resos 90-120 I 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 requirement 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 Tentative Tract Map 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 Planning Commission finds, in recommending approval of 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 Tentative Tract Map No. 26549 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 requirements of state law and local ordinances. D. 1. Pursuant to Section 7.1 of County Ordinance No. 460, no subdivision may be approved unless the following findings are made: a. That the proposed land division is consistent with applicable general and specific plans. b. That the design or improvement of the proposed land division is consistent with applicable general and specific plans. c. That the site of the proposed land division is physically suitable for the type of development. Resoa 90-120 2 d. That the site of the proposed land division is physically suitable for the proposed density of the development. e. That the design of the proposed land division or proposed improvement are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. f. That the design of the proposed land division or the type improvements are not likely to cause serious public health problems. g. That the design of the proposed land division or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed land division. A land division may be approved if it is found that alternate easements for access or for use will be provided and that they will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of records or to easements established by judgement of a court of competent jurisdiction. (2) The Council in approving of the proposed Tentative Tract Map, makes the following findings, to wit: a. There is a reasonable probability that Tentative Tract No. 26549 will be consistent with the City's future General Plan, which will be completed within a reasonable time in accordance with State Law. b. There is not a likely probability of substantial detriment to or interference with the future and adopted General Plan, if the proposed use or action 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 circulation patterns, access, and density. e. The project as designed and conditioned will not adversely affect the public health or welfare. f. Tentative Tract No. 26549 is compatible with surrounding land uses. The harmony in scale, bulk, height, density, and coverage is likely to create a compatible physical relationship with adjoining properties. g. The proposal will not have an adverse affect on surrounding property, because it does not represent a significant change to the present or planned land use of the area. h. The project as designed and conditioned will not adversely affect the built or natural environment as determined in the Initial Study for this project. i. That said findings are supported by minutes, maps, exhibits, and environmental Resos 90-120 3 documents associated with this application are herein incorporated by reference. j. The project will not have a significant adverse impact on the environment in that Stepben's Kangaroo Rat Habitat Conservation fees are required and archaeological resources are not likely to be found at the site. k. The project will not be detrimental to human health or safety in that drainage and flood control measures must be approved by FEMA prior to map recordation, and the potential for liquefaction, differential subsidence, and surface fissuring at the site are very low. A soils report must be submitted to the Building and Safety Department addressing soil stability and geological conditions. E. As conditioned pursuant to SECTION 3, the Tentative Tract Map is compatible with the health, safety and welfare of the community. Section 2. Environmental Compliance. An Initial Study prepared for this project indicates that although the proposed project could have a significant impact on the environment, there 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 Planning Commission hereby approves Tentative Tract Map No. 26549 for the subdivision of a 22.22 acre parcel into 260 townhouses 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. ATTEST: Ronald J. Parks, Mayor jU'~e~~k~k, ~ ' city-~~Jj~ Deputy [SEAM Resos 90-120 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 hereof, 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 C OUNCILMEMBERS: None ABSENT: 0 COUNCILEMBERS: None eek, Deputy'L~Clerk Resos 90-120 5 CITY OF TEMECULA CONDITIONS OF APPROVAL TENTATIVE TRACT NO. 26549 City Council Approval Date: December 11, 1990 Expiration Date: December 11, 1992 Planninq Department The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance 460, Schedule A, unless modified by the conditions listed below. This conditionally approved tentative map will expire two years after the Planning Commission approval date, unless extended as provided by Ordinance 460. The final map shall be prepared by a licensed land surveyor subject to all the requirements of the State of California Subdivision Map Act and Ordinance 460. The subdivider shall submit one copy of a soils report to the Riverside County Surveyor's Office and two copies to the Department of Building and Safety. The report shall address the soils stability and geological conditions of the site. o Any delinquent property taxes shall be paid prior to recordation of the final map. Legal access as required by Ordinance 460 shall be provided from the tract map boundary to a County maintained road. All road easements shall be offered for dedication to the public and shall continue in force until the governing body accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the City Engineer. Street names shall be subject to approval of the City Engineer. Easements, when required for roadway slopes, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted and recorded as directed by the City Engineer. Subdivision phasing, including any proposed common open space area improvement phasing, if applicable, shall be subject to Planning Department approval. Any proposed phasing shall provide for adequate vehicular access to all lots in each phase, and shall substantially conform to the intent and purpose of the subdivision approval. STAFFR PT\TM26549. A 1 10. Lots created by this subdivision shall comply with the following: 11. Lots created by this subdivision shall be in conformance with the development standards of the R-2 zone. bo Graded but undeveloped land shall be maintained in a weed-free condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Director of Building and Safety. Co Trash bins, loading areas and incidental storage areas shall be located away and visually screened from surrounding areas with the use of block walls and landscaping. Prior to recordation of the final map, the subdivider shall submit the following documents to the Planning Department for review, which documents shall be subject to the approval of that department and the City Attorney: a. A declaration of covenants, conditions and restrictions; and be A sample document conveying title to the purchaser of an individual lot or unit which provides that the declaration of covenants, conditions and restrictions is incorporated therein by reference. The declaration of covenants, conditions and restrictions submitted for review shall (a) provide for a minimum term of 60 years, Ib~ provide for the establishment of a property owners' association comprised of the owners of each individual lot or unit, I 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: "Notwithstanding an provision in this Declaration to the contrary, the following provisions shall apply: The property owners' association established herein shall manage and continuously maintain the 'common area', more particularly described and shall not sell or transfer the 'common area', or any part thereof, absent the prior written consent of the Planning Director of the City of Temecula. The property owners' association shall have the right to assess the owners of each individual lot or unit for the reasonable cost of maintaining the 'common area' and shall have the right to lien the property of any such owner who defaults in the payment of the maintenance assessment. An assessment lien, once created, shall be prior to all other liens recorded subsequent to the notice of assessment or other document creatinq the assessment lien. STAFF R PT\TM265/49 . A 2 go do This Declaration shall not be terminated, 'substantially amended or property aleannexed there from absent the prior written consent of the Planning Direct. A proposed amendment shall be considered 'substantial' if it affects the extent, usage or maintenance of the 'common area'. In the event of any conflict between this Declaration and the Articles of Incorporation, the Bylaws of the property owners' association Rules and Requlations, if any, this Declaration shall control. '~ Once approved, the declaration of covenants, conditions and restrictions shall be recorded at the same time that the final map is recorded. The developer shall comply with the following parkway landscaping conditions: Prior to recordation of the final map, the developer shall file an application with the County for the formation of or annexation to, a parkway maintenance district or County Service Area for Rancho California Road in accordance with the Landscaping and Lighting Act of 1972, unless the project is within an existing parkway maintenance district. Prior to the issuance of building permits, the developer shall secure approval of proposed landscaping and irrigation plans from the City Engineer and Planning Department. All landscaping and irrigation plans and specifications shall be prepared in a reproducible format suitable for permanent filing with the County Road Department. The developer shall post a landscape performance bond which shall be released concurrently with the release of subdivision performance bonds, guaranteeing the viability of all landscaping which will be installed prior to the assumption of the maintenance responsibility by the district. The developer, the developer's successors-in-interest or assignees, shall be responsible for all parkway landscaping maintenance until such time as maintenance is taken over by the district. The developer shall be responsible for maintenance and upkeep of all slopes, landscaped areas and irrigation systems until such time as those operations are the responsibilities of other parties as approved by the Plannin9 Director. STAFFRPT\TM265/49. A 3 12. 13. Prior to recordation of the final map, an Environmental Constraints Sheet IECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the County Surveyor. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The approved ECS shall be forwarded with copies of the recorded final map to the Planning Department and the Department of Building and Safety. fo The following note shall be placed on the Environmental Constraints Sheet: "This property is located within thirty 130) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory recommendations dated 1-1~2-88, a copy of which is on file in the Riverside County Department of Building and Safety and the Riverside County Planning Department." The developer shall be responsible for maintenance and upkeep of all slopes, landscaped areas and irrigation systems until such time as those operations are the responsibilities of other parties as approved by the Planning Director. Prior to the issuance of GRADING PERMITS the following conditions shall be satisfied: Ill Prior to the issuance of grading permits detailed common open space area landscaping and irrigation plans shall be submitted for Planning Department approval for the phase of development in process. The plans shall be certified by a landscape architect, and shall provide for the following · ao Permanent automatic irrigation systems shall be installed on all landscaped areas requiring irrigation. bo Landscape screening where required shall be designed to be opaque up to a minimum height of six 16) feet at maturity. All utility service areas and enclosures shall be screened from view with landscaping and decorative barriers or baffle treatments, as approved by the Planning Director. Utilities shall be placed underground. do Parkways shall be landscaped to provide visual screening or a transition into the primary use area of the site. Landscape elements shall include earth betming, ground cover, shrubs and specimen trees. Front yards shall be landscaped and street trees planted. STA FFR PT\TM26549. A 4 fo Wall plans shall be submitted for the project perimeter and along Rancho California Road, Moraga Road, and Lot "A" street. Wooden fencing shall not be allowed on tl~e perimeter of tl~e project. All lots with slopes leading down from the lot shall be provided with gates in the wall for maintenance access. Landscaping plans shall incorporate the use of specimen accent trees at key visual focal points within the project. Where street trees cannot be planted within right-of-way of interior streets and project parkways due to insufficient road right-of-way, they shall be planted outside of the road right-of- way. Landscaping plans shall incorporate native and drought tolerant plants where appropriate. All existing specimen trees and significant rock outcroppings on the subject property shall be shown on the project's grading plans and shall note those to be removed, relocated and/or retai ned. All trees shall be minimum double staked. Weaker and/or slow growing trees shall be steel staked. If the project is to be phased, prior to the approval of grading permits, an overall conceptual grading plan shall be submitted to the Planning Director for approval. The plan shall be used as a guideline for subsequent detailed grading plans for individual pleases of development and shall include the following: Techniques which will be utilized to prevent erosion and sedimentation during and after the grading process. Approximate time frames for grading and identification of areas which may be graded during the higher probability rain months of January through March. 3. Preliminary pad and roadway elevations. 4. Areas of temporary grading outside of a particular phase. All cut slopes located adjacent to ungraded natural terrain and exceeding ten I101 feet in vertical height shall be contour- graded incorporating the following grading techniques: The angle ot~ the graded slope shall be gradually adjusted to the angle of the natural terrain. STAFFRPT\TM26549. A 5 14. 15. Angular forms shall be discouraged. The graded form shall reflect the natural rounded terrain. The toes and tops of slopes shall be rounded with curves with radii designed in proportion to the total height of the slopes where drainage and stability permit such rounding. Where cut or fill slopes exceed 300 feet in horizontal length. the horizontal contours of the slope shall be curved in a continuous, undulating fashion. mo Prior to the issuance of grading permits, the developer shall provide evidence to the Director of Building and Safety that all adjacent off-site manufactured slopes have recorded slope easements and that slope maintenance responsibilities have been assigned as approved by the Director of Building and Safety. Prior to the issuance of grading permits, a qualified paleontologist shall be retained by the developer for consultation and comment on the proposed grading with respect to potential paleontological impacts. Should the paleontologist find the potential is high for impact to significant resources, a pre-grade meeting between the paleontologist and the excavation and grading contractor shall be arranged. When necessary, the paleontologist or representative shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of fossils. Prior to the issuance of BUILDING PERMITS the following conditions shall be satisfied: No building permits shall be issued by the City for any residential lot/unit within the project boundary until the developer's successor's- in-interest provides evidence of compliance with public facility financing measures. A cash sum of one-hundred dollars I$1001 per lot/unit shall be deposited with the City as mitigation for public library development. Prior to the submittal of building plans to the Department of Building and Safety an acoustical study shall be performed by an acoustical engineer to establish appropriate mitigation measures that shall be applied to individual dwelling units within the subdivision to reduce ambient interior noise levels to 45 Ldn. Co All building plans for all new structures shall incorporate, all required elements from the subdivision's approved fire protection plan as approved by the County Fire Marshal. STAFF R PT\TM26549 . A 6 16. de Prior to the issuance of building permits, composite landscaping and irrigation plans shall be submitted for Planning Department approval. The plans shall address all areas and aspects the tract requiring landscaping and irrigation to be installed including, but not limited to, parkway planting, street trees, slope planting, and individual front yard landscaping. All dwellings to be constructed within this subdivision shall be designed and constructed with fire retardant ~ Class A ) roofs as approved by the Fire Marshal. fo Roof-mounted equipment shall be shielded from view of surrounding property. Building separation between all buildings including fireplaces shall not be less than ten I10) feet. h. All street side yard setbacks shall be a minimum of ten I101 feet. i. All front yards shall be provided with landscaping and automatic irrigation. Prior to the issuance of OCCUPANCY PERMITS the following conditions shall be satisfied: All landscaping and irrigation shall be installed in accordance with approved plans prior to tl~e issuance of occupancy permits. If seasonal conditions do not permit planting, interim landscaping and erosion control measures shall be utilized as approved by the Planning Director and the Director of Building and Safety. All landscaping and irrigation shall be installed in accordance with approved plans and shall be verified by City field inspection. Not witlnstanding the preceding conditions, wherever an acoustical study is required for noise attenuation purposes, the heights of all required walls shall be determined by the acoustical study where applicable. de 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 t~he Planning Director for approval. STAFFR PT\TM26549. A 7 17. Prior to the issuance of a grading permit, the applicant shall comply with the provisions of Ordinance No. 663 by paying the appropriate fee set forth in that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fee required by Ordinance No. 663, the applicant shall pay the fee required by the Habitat Conservation Plan as implemented by County ordinance or resolution. 18. The subdivider shall submit to the Planning Director an agreement with CSA 143 which demonstrates to the satisfaction of the City that the land divider has provided for the payment of parks and recreation fees in accordance with Section 10.35 of Ordinance No. 460. The agreement shall be approved by the City Council prior to the recordation of the final map. Enqineering 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 Engineering 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. 19. The Developer shall comply with the State of California Subdivision Map Act, and all applicable City Ordinances and Resolutions. 20. The final map shall be prepared by a licensed land surveyor or registered Civil Engineer, subject to all the requirements of the State of California Subdivision Map Act and Ordinance No. 460. PRIOR TO FINAL MAP APPROVAL: 21. 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; and CATV Franchise. 22 .a. Rancho California Road shall be improved with 43 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with County Standard No. 100 (43'/55'). STAFFR PT\TM26549. A 8 22.b. 23. 24. 25. 26. 27. 28. 29. 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. 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. Moraga Road shall be improved with 56 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated right- of-way in accordance with County Standard No. 111 (56'/78'). Street "A" shall be improved with 22 feet of half street improvement plus one 12' lane, or bonds for the street improvements may be posted, within a 45' dedicated right-of-way in accordance with County Standard No. 103, Section A (44'/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. Vehicular access shall be restricted on Rancho California Road and so noted on the final map as approved by the City Engineer. Corner property line cut off shall be required per Riverside County Standard No. 805. The following perimeter landscaped parkways are required to be annexed into the landscape maintenance districts: Lots 2, 3, and 4. A declaration of Covenants, Conditions and Restrictions (CC&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 at the developer's sole cost and expense. STAFF R PT\TM26549 . A 9 30. 31. 32. 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. The 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 tl~e 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 all 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. fo 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 ti~ereon 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. Tl~e 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. 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. Prior to recordation of the final map, the developer shall deposit with the Engineering Department a cash sum as established, per lot, as mitigation towards traffic signal impacts. Should the developer choose to defer the time of payment of trat~fic signal mitigation fee, I~e may enter into a written agreement with the City deferring said payment to the time of issuance of a building permit. STA FFR PT\TM26549. A 10 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 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. A minimum centerline street grade shall be 0.50 percent. Street improvement plans per City Standards for the private streets or drives shall be required for review and approval by the City Engineer. The subdivider shall submit four prints of a comprehensive grading plan to the Engineering Department. The plan shall comply with the Uniform Building Code, Chapter 70, and as may be additionally provided for in these Conditions of Approval. The plan shall be drawn on 24" x 36" mylar by a Registered Civil Engineer. The subdivider shall submit four copies of a soils report to the Engineering Department. The report shall address the soils stability and geological conditions of the site. 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. 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 prior to the recordation of the final map. 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. 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 followin9 the construction of the slopes and related grading. Prior to final map, the subdivider shall notify the City's CATV Franchises of the Intent to Develop. Conduit shall be installed to CATV Standards at time of street improvements. STAFFRPT\TM26549. A 11 PRIOR TO ISSUANCE OF GRADING PERMITS: 43. Prior to any work being performed in public right-of-way, fees shall be paid and an encroachment permit shall be obtained from the City Engineer's Office, in addition to any other permits required. 44. 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. 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. 46. 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. PRIOR TO BUILDING PERMIT: 47. 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. 48. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Standards and accepted grading practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 49. Construct full street improvements including but not limited to, curb and gutter, A.C. pavement, sidewalk, drive approaches, parkway trees and street lights on all interior public streets. 50. All units shall be provided with garage door openers. 51. All street improvements shall be installed to the satisfaction of the City Engineer. 52. Existing city roads requiring construction shall remain open to traffic at all times with adequate detours during construction. 53. Asphaltic emulsion Ifog seal) shall be applied not less than 14 days following placement of the asphalt surfacing and shall be applied at a rate of 0.05 gallon per square yard. Asphalt emulsion shall conform to Section Nos. 37, 39, and 94 of the State Standard Specifications. STAFF R PT\TM26549 . A 12 54. 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 established by the date on which Developer requests its building permits for the 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 (assuming benefit to the project in the amount of such fees) and specifically waives its right to protest such increase. Transportation Enqineerinq PRIOR TO RECORDATION 55. 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. 56. 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. 57. 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. 58. Prior to designing any of the above plans, contact Transportation Engineering for the design requirements. PRIOR TO THE ISSUANCE OF ANY ENCROACHMENT PERMITS: 59. 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: 60. All signing and striping shall be installed per the City requirements and the approved signing and striping plan. STAFF R PT\TM26549 . A 13 61. 62. 63. 64. 65. 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, All traffic signal interconnects shall be installed per the City requirements and the approved plan. "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. The developer shall enter into a reimbursement agreement with the City for: 50% of the cost for design and construction of the signal modifications at Rancho California Road and Moraga Road, with credit given toward signal mitigation fees. 100% of the cost for design and construction of 1/7 width street improvements on the west side of Moraga Road from Rancho California Road to Via Las Colinas. In the event that the project becomes a gated entrance community, the gates shall be set back from the curb line to provide the following storage lengths: 1. Moraga Road entry: 125 feet 2. "A" Street entry: 75 feet STAFFR PT\TM26549. A 14