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HomeMy WebLinkAbout92-20 CC ResolutionRESOLUTION NO. 92-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AFFIRMING THE DECISION OF THE PLANNING COMMISSION TO APPROVE TENTATIVE TRACT MAP NO. 26521 TO SUBDIVIDE A 10.80 ACRE TRACT INTO 10 SINGLE FAMILY RESIDENTIAL LOTS AND DENY APPEAL NO. 22 ON PROPERTY LOCATED ON RANCHO VISTA ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 946-009-007 WHEREAS, Guido M. and Ruth Fascia filed Tentative Tract Map No. 26521 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; ~, the Planning Commission considered said Tentative Tract Map on January 27, 1992, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Planning Commission hearing, the Commission recommended approval of said Tentative Tract Map subject to the conditions set forth in Attachment 2; WHEREAS, Appeal No. 22 was filed in the time and manner prescribed by state and local law pertaining to the Planning Commission's approval of Tentative Tract Map No. 26521; specifically relating to conditions numbers 37, 38, 79 and 80 involving road improvements; WHEREAS, the City Council conducted a public heating pertaining to said Appeal No. 22 on March 24, 1992 at which time interested persons had an opportunity to testify either in support of opposition to said Appeal; and WHEREAS, the City Council received a copy of the Staff Report regarding the Appeal; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 2. Findirtgs. That the Temecula City Council hereby makes the following findings: Reaos 92-20 1. The City Council in recommending denial of Appeal 22 for Tentative Tract Map No. 26521, makes the following findings, to wit: A. There is a reasonable probability that Appeal No. 22 will be inconsistent with the General Plan being prepared at this time, due to the fact that the Appeal, if upheld, would result in road improvements that are inconsistent with improvements currently existing for other similar developments in the area. B. There is a likely probability of substantial detriment to, or interference with, the future adopted General Plan, if the proposed use is ultimately inconsistent with the plan, due to the fact that the project is inconsistent with surrounding development. C. The proposed appeal does not comply with State planning and zoning law, due to the fact that the request pursuant to the appeal does not conform to Ordinance No. 460. D. The lawful conditions stated in the project's Conditions of Approval are deemed necessary to protect the public health, safety and general welfare. E. Said findings are supported by minutes, maps, exhibits, and environmental documents associated with these applications and herein incorporated by reference. 2. As conditioned pursuant to SECTION III, the Tentative Tract Map is compatible with the health, safety and welfare of the community. SECTION II. Environmental Compliance. An Initial Study prepared for this project indicates that although the proposed project could not have a significant impact on the environment and a Negative Declaration, therefore, is hereby granted. SECTION HI. Conditions. That the City of Temecula City Council hereby approves Tentative Tract Map No. 26521 for the subdivision of a 10.80 acre parcel into 10 single family residential lots located on Green Tree Road and known as Assessor's Parcel No. 946-009-007 and subject to the following conditions: 1. Attachment No. 2, attached hereto. SECTION IV. The City Clerk shall certify the adoption of this resolution. Resos 92-20 PASSED, APPROVED AND ADOPTED this 24th day of March, 1992. ATTEST: Patricia H. Birdsall, Mayor [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, June S. Greek, DO HERERY 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 24th day of March, 1992 by the following vote of the Commission: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufioz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ne S. Greek, City Clerk Resos 92-20 ATTACHMENT NO. 2 CITY OF TEMECULA CONDITIONS OF APPROVAL Tentative Tract Map No.: 26521 Project Description: 10 lot residential subdivision on 10.80 acres Assessor's Parcel No.: 946-009-007 Planning Department The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance 460, Schedule "B", unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. This conditionally approved tentative map will expire two years after the approval date, unless extended as provided by Ordinance 460. The expiration date is December 16, 1993. 3. 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 City maintained road. o 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. A copy of the final grading plan shall be submitted to the Planning Department for review and approval. All on-site cut and fill slopes shall: Be limited to a maximum slope ratio of 2 to 1 and a maximum vertical height of thirty (30) feet. Setbacks from top and bottom of slopes shall be a minimum of one-half the slope height, B. Be contour-graded to blend with existing natural contours. C. Be a part of the downhill lot when within or between individual lots. S~STAFFRPT~26521 .TTM 1 2 10. 11. 12. 13. 14. 15. 16. 17. All slopes over three (3) feet in height shall be landscaped and irrigated according to the City Development Code. A detailed landscaping and irrigation plan, prepared by a qualified professional, shall be submitted to the City Planning Department for review and approval prior to issuance of grading permits. The applicant shall comply with the environmental health recommendations outlined in the County Health Department's transmittal dated March 12, 1991, a copy of which is attached. The applicant shall comply with the fire improvement recommendations outlined in the County Fire Department's letter dated December 10, 1991, a copy of which is attached. The applicant shall comply with the recommendations outlined in the Rancho Water District's transmittal dated August 12, 1991, a copy of which is attached. All proposed construction shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy, as outlined in the Southwest Area Plan. The applicant shall comply with the recommendations outlined in the Eastern Municipal Water District transmittal dated March 21, 1991, a copy of which is attached. Lots created by this subdivision shall comply with the following: Ae Lots created by this subdivision shall be in conformance with the development standards of the Rural Residential zone. So 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, and the Department of Public Works. 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 recordation of the final map, an Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the City Engineer. 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. The following note shall be placed on the Environmental Constraints Sheet: "This property is located within thirty (30) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory recommendations of Ordinance 655. S~STAFFRPT\26521 .TTM 1 3 18. 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. 19. Prior to the issuance of BUILDING PERMITS the following conditions shall be satisfied: Ao 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 ($100) 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. Go 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. 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 of 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 mechanical equipment shall not be permitted within the subdivision, however solar equipment or any other energy saving devices shall be permitted with Planning Department approval. Building separation between all buildings including fireplaces shall not be less than ten (10) feet. H. All street side yard setbacks shall be a minimum of ten (10) feet. S\STAFFRPT\26521 .TTM 1 4 20. 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 the 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. 21. 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. 22. The subdivider shall submit to the Planning Director an agreement with the Temecula Community Services District (TCSD) which demonstrates to the satisfaction of the TCSD Board of Directors, and the City that upon the request of BUILDING PERMIT for construction of RESIDENTIAL structures on one or more of the parcels WITHIN FOUR YEARS following approval of a tentative map, parcel map, or planned development, real estate development, stock cooperative community apartment project and condominium for which a tentative map or parcel map is filed, a predetermined Quimby Act fee in the amount equal to the fair market value of required acreage (Plus 20% for offsite improvements) shall be paid by the owner of each such parcel(s) as a condition to the issuance of such permit as authorized by City of Temecula Ordinance No. 460.93. 23. The subdivider shall defend, indemnify, and hold harmless the City of Temecula, its agents, officer, and employees from any claim, action, or proceeding against the City of Temecula or its agents, officer, or employees to attach, set aside, void, or annul an approval of the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Tentative Tract Map No. 26521, which action is brought within the time period provided for in California Government Code Section 66499.37. The City of Temecula will promptly notify the subdivider 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 subdivider of any such claim, action, or proceeding or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. 24. 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 1 20 days prior to submittal of the final map for approval, 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 S\STAFFRPT\2652 I.TTM 1 5 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 subdivision. Security of 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. 25. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. 26. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. Covenants, Conditions and Restrictions/Reciprocal Access Easements: 27. The Covenants, Conditions and Restrictions (CC&R's) shall be reviewed and approved by the Planning Department prior to final approval of the tract maps. 28. No lot or dwelling unit in the development shall be sold unless a corporation, association, property owner's group, or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City of Provisions required by the City as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. 29. Every owner of a dwelling unit or lot shall own as an appurtenance to such dwelling unit or lot, either (1) an undivided interest in the common areas and facilities, or (2) as share in the corporation, or voting membership in an association, owning the common areas and facilities. 30. Within forty-eight (48) hours of the approval of this project, the applicant/developer shall deliver to the Planning Department a cashiers check or money order payable to the County Clerk in the amount of Eight Hundred, Seventy-Five Dollars (9875.00) which includes the Eight Hundred, Fifty Dollar (9850.00) fee, in compliance with AB 3158, required by Fish and Game Code Section 711.4(d)(3) plus the Twenty-Five Dollar (925.00) County administrative fee, to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15094. If within such forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check required above, the approval for the project granted herein shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c). S\STAFFRPT\26521 .TTM 1 6 31. Within forty-eight (48) hours of the approval of the project, the applicant/developer shall deliver to the Planning Department a cashiers check or money order payable to the County Clerk in the amount of One Thousand, Two Hundred, Seventy-Five Dollars (81,275.00), which includes the One Thousand, Two Hundred, Fifty Dollars (81,250.00) fee, in compliance with AB 3158, required by Fish and Game Code Section 711.4(d)(2) plus the Twenty-Five Dollar (825.00) County administrative fee to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15075. If within such forty- eight (48) hour period the applicant/developer has not delivered to the Planning Department the check required above, the approval for the project granted herein shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c). 32. Prior to issuance of grading permits that applicant shall submit a slope stability report to the Riverside County Engineering Geologist. All proposed grading shall conform with the conditions and recommendations set forth by said geologist. COMMUNITY SERVICES DEPARTMENT The Community Services Department staff has reviewed the Conditions of Approval for Tentative Tract Map No. 26521 and conditions this map as follows: 33. The subdivider shall provide for the dedication of park land and/or in-lieu fees to the satisfaction of the Temecula Community Services District (TCSD) Board of Directors PRIOR TO RECORDATION of the final map, as authorized by City of Temecula Ordinance No. 460.93. The park land dedication requirement shall be a predetermined amount based on the use and number of units proposed. If the park land requirement cannot be met, the applicant shall be required to the fair market value of the required park land acreage (Plus 20% for offsite improvements). DEPARTMENT OF PUBLIC WORKS The following are the Department of Public Works 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 appropriate staff personnel of the Department of Public Works. It is understood that the Subdivider has correctly shown on the tentative map all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. PRIOR TO RECORDATION OF THE FINAL MAP: 34. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of an existing Assessment District must comply with the requirements of said section. S\STAFFRPT\26521 .TTM 1 7 35. 36. 37. 38. 39. 40. 41. 42. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the following agencies: San Diego Regional Water Quality; Rancho California Water District; Eastern Municipal Water District; Riverside County Flood Control district; City of Temecula Fire Bureau; Planning Department; Department of Public Works; Riverside County Health Department; CATV Franchise; and Parks and Recreation Department. All road easements and/or street dedications shall be offered for dedication to the public and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the Department of Public Works. Rancho Vista Road shall be improved with 32 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 102, (88'/64'). The private street within the subdivision shall be improved with 36 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within a private easement in accordance with City Standard No. 105, Section B (60'/36'). Gated entry shall be located a minimum of 80' from the centerline of Green Tree Road. Green Tree Road shall be improved with 20 feet of half street improvement plus one 8' lane along the project frontage, or bonds for the street improvements may be posted, within a 60' dedicated right-of-way in accordance with City Standard No. 104, Section B (60'/40'). The private street shall terminate in a cul-de-sac turn-around to comply with'City Standard No. 600. Green Tree Road east of Grape Vine shall be vacated as directed by the Department of Public Works. Developer shall be responsible for any and all costs incurred. 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. S\STAFFRPT\26521 .TTM 1 8 43. 44. 45. 46. 47. 48. Vehicular access shall be restricted on Rancho Vista Road and so noted on the final map with the exception of one 24' minimum width entry point as approved by the Department of Public Works. This entry point shall not be a gated access. Dedicate a 60 foot easement for public utilities and emergency vehicles access for all private streets and drives. Private drainage easements for cross-lot drainage shall be required and shall be delineated or noticed on the final map. An easement for a joint use driveway shall be provided for access to Lots 1, 2 and 3 prior to approval of the Final Map. Easements, when required for roadway slopes, landscape easements, 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 Department of Public Works. 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 Engineering conditions: A. The CC&R's shall be prepared at the developer's sole cost and expense. ao 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 Planning, Department of Public Works, and the City Attorney. They shall be recorded concurrent with the final map. A recorded copy shall be provided to the City. The CC&R's shall provide for the effective establishment, operation, management, use, repair and maintenance of all common areas, drainage and related facilities, and private streets. The CC&R's shall provide that the property shall be developed, operated and maintained so as not to create a public nuisance. The 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 S\STAFFRPT\26~21 .TTM 1 9 49. 50. 51. 52. 53. 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. The declaration shall contain language prohibiting further subdivision of any lots, whether they are lettered lots or numbered lots. All parkways, private streets, and landscaping shall be permanently maintained by the association or other means acceptable to the City. Such proof of this maintenance shall be submitted to Planning and the Department of Public Works prior to issuance of building permits. Reciprocal access easements and maintenance agreements ensuring access to all parcels and joint maintenance of all roads, drives or parking areas shall be provided by CC&R's or by deeds and shall be recorded concurrent with the map, or prior to the issuance of building permit where no map is involved. 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, sidewalks, drive approaches, street lights, signing, striping, and other traffic control devices as appropriate. B. Drainage facilities. C. Landscaping (street). D. Sewer and domestic water systems. E. Undergrounding of proposed utility distribution lines. The street design and improvement concept of this project shall be coordinated with adjoining developments. Street lights, curb, gutter and sidewalk, shall be provided only along Rancho Vista Road streets adjoining the subject site in accordance with the requirements of Ordinance No. 461 and as approved by the Department of Public Works. Prior to recordation of the final map, the developer shall deposit with the Department of Public Works a cash sum as established, per lot, as mitigation towards traffic signal impacts. Should the developer choose to defer the time of payment of traffic signal mitigation fee, he may enter into a written agreement with the City deferring said payment to the time of issuance of a building permit. Street names shall be subject to the approval of the Building and Safety Department. S\STAFFRPT\26521 .TTM 20 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. All street and driveway centerline intersections shall be at 90 degrees or as approved by the Department of Public Works. 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 Department of Public Works. A minimum centerline street grade shall be 0.50 percent. Improvement plans per City Standards for the private streets or drives shall be required for review and approval by the Department of Public Works. All driveways within public right-of-way shall conform to the applicable City standards and shall be shown on the street improvement plans in accordance with City Standard 207 and 401 (curb sidewalk). All driveways shall be located a minimum of two (2) feet from the side property line. The subdivider shall submit two (2) prints of a comprehensive grading plan to the Department of Public Works. 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. A geological report shall be prepared by a qualified engineer or geologist and submitted as directed by the Department of Public Works at the time of application for grading plan check. The subdivider shall submit two (2) copies of a soils report to the Department of Public Works. The report shall address the soils stability and geological conditions of the site. A drainage analysis shall be submitted to and approved by the Department of Public Works. All drainage facilities shall be installed as required by the Department of Public Works. On-site drainage facilities, located outside of road right-of-way, shall be contained within drainage easements shown on the final map. A note shall be added to the final map stating "Drainage easements shall be kept free of buildings and obstructions." If necessary, 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. S\STAFFRPT\26521 ,TTM 21 66. The subdivider shall accept and properly dispose of all off-site drainage flowing onto or through the site. In the event the Department of Public Works permits the use of streets for drainage purposes, the provisions of Article XI of Ordinance No. 460 will apply. Should the quantities exceed the street capacity, or use of streets be prohibited for drainage purposes, the subdivider shall provide adequate facilities as approved by the Department of Public Works. 67. Drainage culverts will be required to provide all-weather access at all crossings. 68. The subdivider shall protect downstream properties from damages caused by alteration of the drainage patterns; i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities, including enlarging existing facilities or by securing a drainage easement. 69. 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. PRIOR TO ISSUANCE OF GRADING PERMITS: 70. Prior to any work being performed in public right-of-way, fees shall be paid and an encroachment permit shall be obtained from the Department of Public Works. 71. 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 Department of Public Works. 72. A grading permit shall be obtained from the Department of Public Works prior to commencement of any grading outside of the City-maintained road right-of-way. 73. No grading shall take place prior to the improvement plans being substantially complete, appropriate clearance letters have been obtained, and approval of the grading plan has been granted by the Department of Public works. 74. If grading is to take place between the months of October and April inclusive, erosion control and runoff mitigation plans will be required. All plans shall be submitted with appropriate notes as directed and approved by the Department of Public Works 75. All lot drainage shall be to the street by side yard drainage swales independent of any other lot, unless otherwise approved by the Department of Public Works. 76. A flood mitigation charge shall be paid. The charge shall equal the prevailing Area Drainage Plan fee rate multir,~ied by the area of new development. The charge is payable to the Flood Contro, ~)istrict 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. S\STAFFRPT\26521.TTM 2 2 PRIOR 77. 78. 79. 80. PRIOR 81. 82. TO BUILDING PERMIT: Prior to the issuance of the first building permit, Rancho Vista Road shall be fully constructed per the approved plans including, but not limited to, curb and gutter, A.C. pavement, sidewalk, drive approaches, parkway trees, street lights and striping. (Added by City Council on March 24, 1992). A precise grading plan shall be submitted to the Department of Public Works for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soils Engineer shall issue a Final Soils Report addressing compaction and site conditions. 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. 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. The fee to be paid shall be 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. Concurrently, with executing this Agreement, developer shall post security to secure payment of the Public Facility fee. The amount of the security shall be 92.00 per square foot, not to exceed 910,000. 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). By execution of this Agreement, developer will waive any right to protest the provisions of this Condition, of this Agreement, the formation of any traffic impact fee district, or the process, levy, or collection of any traffic mitigation or traffic impact fee for this project; provided that developer is not waiving its right to protest the reasonableness of any traffic impact fee, and the amount thereof. TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: Construct full street improvements including but not limited to, curb and guttcr, A.C. berm, A.C. pavement, sidcwalk, drive approaches, and parkway trees and strcct lights on all intcrior public streets. (Revised by City Council March 24, 1992). A 28' 24' wide paved secondary access road to thc ncarcst pavcd road Pauba Road via Green Tree Road shall be provided within a recorded road easement as approved by the Department of Public Works. A turn-around bulb with a 38' minimum radius shall be provided at the intersection of Green Tree Road and Grape Vine. (Revised by City Council on March 24, 1992). S\STAFFRPT\2§521.1-1'M 2 3 83. Existing city roads requiring construction shall remain open to traffic at all times with adequate detours during construction. Traffic control plans shall be provided as directed by the Department of Public Works, and may be required to be prepared by a registered Civil Engineer. 84. The developer shall not protest the formation of an assessment district for the purpose of widening Greentree Lane to 32' in width within a 60' right-of-way. (Added by City Council on March 24, 1992). 85, Asphaltic emulsion (fog 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. TRANSPORTATION ENGINEERING PRIOR TO RECORDATION OF THE FINAL MAP: 86. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works for Rancho Vista Road and shall be included in the street improvement plans. 87. PRIOR 88. PRIOR 89. 90. Prior to designing any of the above plans, contact Transportation Engineering for the design requirements. TO THE ISSUANCE OF ANY ENCROACHMENT PERMITS: A construction area traffic control plan shall be designed by a registered Civil Engineer and approved by the City Engineer for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. TO THE ISSUANCE OF OCCUPANCY PERMITS: All signing and striping shall be installed per the approved signing and striping plan. All landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance. S\STAFFRPT\26521 .TTM 24