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HomeMy WebLinkAbout94-014 CC ResolutionRESOLUTION NO. 94-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 'rEMF. CULA DENYING THE APPEAL OF THE PLANNING COMMISSION'S DECISION TO APPROVE PLANNING APPLICATION NO. 93-0187, AMENDMENT NO. 1, AND APPROVING THE PROJECT TO CONSTRUCT A CHURCH AND ASSOCIATED FACILITIES IN FIVE (5) PHASES TOTALING APPROXIMATELY 43,197 SQUARE FEET OF BUILDING AREA LOCATED ON THE NORTH SIDE OF PAUBA ROAD, APPROXIMATELY 2,500 FEET EAST OF THE INTERSECTION OF YNEZ AND PAUBA ROADS ON A PORTION OF ASSESSOR'S PARCEL NUMBER 945-050-004. WIll~EAS, New Community Lutheran Church filed Planning Application No. 93-0187, Public Use Permit in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WI'I$'~EAS, said Planning Application was processed in the time and manner prescribed by State and local law; WItEREAS, the Planning Commission considered said Planning Application on January 3, 1994, at which time interested persons had an opportunity to testify either in support or opposition; WItEREAS, at the conclusion of the Commission heating, the Commission approved said Planning Application; WltEREAS, an appeal of the Planning Commission decision was made in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WI~REAS, said Appeal application was processed in the time and manner prescribed by State and local law; WHEREAS, the City Council conducted a public hearing pertaining to said Appeal on February 8, 1994, at which time interested persons had opportunity to testify either in support or opposition to said Appeal; and WHEREAS, the City Council received a copy of the Staff Report regarding the Appeal; Resos 94-14 1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct. Section 2. Findiqgs. That the Temecula City Council in denying the appeal hereby makes the following findings: A. The land use or action proposed is consistent with the General Plan. The land use designation for the site is identified in the General Plan as Very Low Density Residential (.2 - .4 dwelling units per acre maximum). The General Plan states: "Additional public and institutional uses, including churches and daycare facilities, may be developed in the residential land use designations under the procedures established in the Development Code." Until the Development Code is adopted, the provisions contained in Ordinance No. 348 are utilized. Churches are permitted in any zone under Ordinance No. 348 provided that a public use permit is granted. B. The proposed use or action complies with all other requirements of state law and local ordinances. The proposed use complies with California Governmental Code Section 65360, Section 18.29 (Public Use Permi0 of Ordinance No. 348. C. The proposed project will not be detrimental to the health, safety or general welfare of the community. In addition, the proposed project will not have a significant impact on the environment. Mitigation measures have been included in the Conditions of Approval that will reduce any impacts to a level less than significant. D. The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configuration, access, and intensity of use, because the proposed planning application (public use permit), as conditioned, complies with the standards contained within the City's General Plan and Ordinance No. 348. E. The project is compatible with surrounding land uses. The project is buffered from adjacent uses to the north, south, east and west. A Metropolitan Water District easement exists to the west of the site and will serve as a buffer to residential development in that area. Pauba Road will serve as a buffer to the residences to the south. The Community Recreation Center is located to the north of the site and the area east of the site is vacant. F. The project has acceptable access to a dedicated right-of-way which is open to, and useable by, vehicular traffic. Access to the project site is from a publicly maintained road (Pauba Road). Resos 94-14 2 G. 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. H. Said findings are supported by maps, exhibits and environmental documents associated with these applications and herein incorporated by reference. I. As conditioned pursuant to Section 4, the Planning Application proposed is compatible with the health, safety and welfare of the community. Section 3. 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 4. Conditions. That the City of Temecula City Council hereby approves Planning Application No. 93-0187, Amendment No. 1, Public Use Permit, for the operation and construction of a 43,197 square foot church facility located on the north side of Pauba Road, approximately 2,500 feet east of the intersection of Ynez and Pauba Roads, subject to the following conditions: A. Exhibit A, attached hereto. Section 5. The City Clerk shall certify the adoption of this Resolution. Section 6. PASSED, APPROVED AND ADOPTED this 8th day of February, 1994. Ron Roberts, Mayor A~T: J~. Greek, City Cle~ [SEAL] Rcsos 94-14 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I BEREBY 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 8th day of February, 1994 by the following vote of the Council: AYES: 4 COUNCILMEMBERS: Birdsall, Mufioz, Roberts, Stone NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAINED: 1 COUNCILMEMBERS: Parks 94-14 4 ATTACHMENT NO. 2 CONDITIONS OF APPROVAL R:',S~"TAI~187PAO3.PC 12/2l/~3 kJb 1 ~ CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. 93-0187, Amendment No. I -Public Use Permit Project Description: A church and associated facilil]es to be constructed in five (5) phases. The first phase will consist of a Worship/Fellowship Building, a Maintenance Building, and a Sunday School Building totalling approximately 9,290 square feet. The second phase will be an approximately 4,832 square foot Preschool Building. Phase 3 is an approximately 17,568 square foot Day School. Phase four will be an approximately 9,980 square foot Sanctuary. Phase five will be an approximately 4,527 square foot School Activity Center. The proposal is also for a reduction in the number of parking spaces required under Ordinance No. 348 from 328 to 236, and a free-standing sign at the entrance to the facility. Assessor's Parcel No.: A portion of 945-050-004 Approval Date: Expiration Date: PLANNING DEPARTMENT General Requirements The use hereby permitted by this Public Use Permit is for a church and associated facilities to be constructed in five (5) phases. The first phase will consist of a Worship/Fellowship Building, a Maintenance Building, and a Sunday School Building totalling approximately 9,290 square feet. The second phase will be an approximately 4,832 square foot Preschool Building. Phase 3 is an approximately 17,568 square foot Day School. Phase four will be an approximately 9,980 square foot Sanctuary. Phase five will be an approximately 4,527 square foot School Activity Center. The proposal is also for a reduction in the number of parking spaces required under Ordinance No. 348 from 328 to 236, and a free-standing sign at the entrance to the facility. 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 emilioyeas to attach, set aside, void, or annul, an approval of the City of Temecula, its advisory agencies, appeal boards, or legislative body concerning Planning Application No. 93-0187, Amendment No. 1 - Public Use Permit. 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. This approval shall be used within one (1) year 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 one (1) year period which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. R:\S~STAFFFU~187PA03.PC 12/20/93 Idb 14 The development of the premises shall conform substantially with that as shown on the Site Plan marked Exhibit D, or as amended by these conditions. All cut and fill slopes created by the project shall be contained within the parcel. 5. Building elevations shall be in substantial conformance with that shown on Exhibit E. Colors and materials used in the construction of all buildings shall be in substantial conformance with that shown on Exhibit E (color elevations) and Exhibit H (material board). 7. Landscaping shall be in substantial conformance with that shown on Exhibit I. Light Standards, including parking lot light standards shall be a maximum of four (4) feet in height, unless a height greater than that is necessary for security reasons. Lights shall be turned off at 11 p.m., unless it is demonstrated that they are necessary for security. A minimum of three-hundred twenty-eight (328) parking spaces are required in accordance with Section 18.12, Riverside County Ordinance No. 348. Two-hundred thirty-six (236) parking spaces shall be provided as shown on the Approved Exhibit D. A reduction in the amount of required parking has been approved with this application. 10. A minimum of eight (8) handicapped parking spaces shall be provided as shown on Exhibit D. 11. Eight (8) Class II bicycle racks shall be provided. Within Forty-Eight (48) Hours of the Approval of this Project 12. 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 Three Hundred Twenty-Eight Dollars ($1,328.00), which includes the One Thousand Two Hundred Fifty Dollars ($1,250.00) fee, in compliance with AB 3158, required by Fish and Game Code Section 711.4(d)(2) plus the Seventy-Eight Dollars ($78.00) County administrative fee to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 California Code of Regulations Section 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). Prior to the Issuance of Grading Permits 13. 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). 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 R:\S\STAFFRPT~187PA93.PC 12/29/93 kJb 1 5 implemented by County ordinance or resolution. 14. All cut/fill slopes located adjacent to ungraded natural terrain and exceeding ten (10) feet in vertical height shall be contour-graded incorporating the following grading techniques: The angie of the graded slope shall be gradually adjusted to the angle of the natural terrain. So 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. 15. A biological assessment of the Gnatcatcher shall be required. The Study shall be prepared for the subject property by a Biologist and submitted to the Planning Director for review. Should Gnatcatcher habitat or other sensitive habitat be determined to exist upon the site, then mitigation measures to be included in a Mitigation Monitoring Program shall be approved by the Planning Director. 16. The developer or his successor's interest shall submit a mitigation monitoring program which shall describe how compliance with required mitigation measures will be met and the appropriate monitoring timing of the mitigation. The applicant shall pay all cost associated with all monitoring activities. 17. The applicant shall demonstrate by submittal of a written report that all mitigation measures identified in the Mitigation Monitoring Program have been satisfied for this stage of the development. Prior to the Issuance of Building Permits 18. Prior to the issuance of building permits for each phase of development, the applicant shall submit three (3) copies of a Landscaping, irrigation, and Shading Plans to the Planning Department for approval and shall be accompanied by the appropriate filing fee. The location, number, genus, species, and container size of the plants shall be shown. Plans shall incorporate the use of specimen canopy trees along streets and within the parking areas. 19. The applicant shall submit a lighting plan for approval by the Director of Planning. 20. Prior to the issuance of building permits for Phases 2, 3, 4, and 5 the applicant shall file an Administrative Plot Plan (PPA). Accompanying the PPA shall be three (3) sets of elevations and the appropriate filing fee. R:XS\STAFFRP~lg7PA~3.PC 1 212g/~:) kJb 16 21. The applicant shall demonstrate by submittal of a written report that all mitigation measures identified in the Mitigation Monitoring Program have been satisfied for this stage of the development. Prior to the Issuance of Occupancy Permits 22. Roof-mounted equipment shall be inspected to ensure it is shielded from ground view. :23. All landscaped areas shall be planted in accordance with approved landscape, irrigation, and shading plans. 24. All required landscape planting and irrigation shall have been installed and be in a condition acceptable to the Director of Planning. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 25. Each parking space reserved for the handicapped shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height if 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off-street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: "Unauthorized vehicles not displaying distinguishing placards or license plates issued for physically handicapped persons may be towed away at owner's expense. Towed vehicles may be reclaimed at or by telephone In addition to the above requirements, the surface of each parking place shall have a surface identification sign duplicating the Symbol of Accessibility in blue paint of at least 3 square feet in size. 26. Performance securities, in amounts to be determined by the Director of Planning to guarantee the installation of plantings, walls, and fences in accordance with the apl~roved plan, and adequate maintenance of the Planting for one year, shall be filed with the Department of Planning. 27. The applicant shall demonstrate by submittal of a written report that all mitigation measures identified in the Mitigation Monitoring Program have been satisfied for this stage of the development. 28. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. R:\S\STAFFRPT~lBTPA93.pc 12/29/93 kJb 1 ? BUILDING AND SAFETY DEPARTMENT 29. The applicant shall comply with applicable provisions of the 1991 edition of the Uniform Building, Plumbing and Mechanical; 1990 National Electrical Code; California Administrative Code Title 24 Energy and Handicapped Regulations and the Temecula Code. 30. Submit at time of plan review, a complete exterior site lighting plan in compliance with Ordinance Number 655 for the regulation of light pollution. 31. Prior to the commencement of any construction work, obtain all building plan and permit approvals. 32. Obtain street addressing for all proposed buildings prior to submittal for plan review. 33. All existing buildings and facilities must comply with applicable handicapped accessibility regulations. 34. Provide house electrical meter provisions for power for the operation of exterior lighting, fire alarm systems. 35. Restroom fixtures, number and type, shall be in accordance with the provisions of the 1991 edition of the uniform plumbing code, Appendix C. 36. Provide an approved automatic fire sprinkler system. 37. The applicant shall provide appropriate stamp of a registered professional with original signature on plans submitted for plan review. 38. The applicant shall provide electrical plan including load calcs and panel schedule, plumbing schematic and mechanical plan for plan review. PUBLIC WORKS DEPARTMENT 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 person of the Department of Public Works. It is understood that the Developer correctly shows on the tentative site plan 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. The City and the Developer shall comply with the following conditions for preparation of the required grading and improvement plans in accordance with the settlement agreement between the City and the Developer. R:\S\STAFFRPl~187PA93.PC 12/29/93 kJb 1 8 General Requirements 39. A Grading Permit for either rough or precise {including all onsite flat work and improvements) grading shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained road right- of-way. 40. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 41. A copy of the grading and improvement plans, along with supporting hydrologic and hydraulic calculations shall submitted to the City for approval prior to the issuance of any permit. 42. All improvement plans, grading plans, landscape and irrigation coordinated for consistency with adjacent projects and existing contiguous to the site. plans shall be improvements Prior to the Issuance of Grading Permits 43. The requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board shall be complied with. No grading shall be permitted until an NPDES Notice of Intent {NOI) has been filed or the project is shown to be exempt. 44. As deemed necessary by the Department of Public Works, the following written clearance from the following agencies shall be obtained: · · · · · · · · · San Diego Regional Water Quality Control Board Riverside County Flood Control and Water Conservation District Planning Department Department of Public Works Riverside County Health Department Community Services District General Telephone Southern California Edison Company Southern California Gas Company 45. A Grading Plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works. The plan shall comply with the Uniform Building Code, Chapter 70, City Standards, and as additionally required in these Conditions of Approval. 46. A Soils Report prepared by a registered Soils Engineer shall be submitted to the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. R:\S\STAFFRPT~187PA~3.PC 12/20/93 kib 19 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. An Erosion Control Plan in accordance with City Standards shall be designed by a registered Civil Engineer and approved by the Department of Public Works. The Developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. Permanent landscape and irrigation plans shall be submitted to the Planning Department and the Department of Public Works for review. Graded but undeveloped land shall be maintained in a weedfree condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Department of Public Works. 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 Riverside County Flood Control and Water Conservation District prior to issuance of any permit. If the full Area Drainage Plan fee or mitigation charge has been already credited to this property, no new charge needs to be paid. Concentrated onsite runoff shall be conveyed in concrete ribbon gutters to an adequate outlet as determined by the Department of Public Works. Onsite detention measures shall be designed into the Grading and Erosion Control Plans to control sediment and keep the surface runoff at or below existing condition levels. The Developer is responsible to provide the drainage facilities; ie, inlets, storm drain pipes, outlets; required to convey the runoff upon completion of the grading as determined by the Department of Public Works. The Developer shall obtain any necessary letters of approval or slope easements for offsite work performed on adjacent properties as directed by the Department of Public Works. A drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows onto the adjacent property and the construction and ongoing maintenance of any storm drain systems. A copy of the drainage easement shall be submitted to the Department of Public Works for review prior to recordation. The location of the recorded easement shall be delineated on the precise grading plan. The Developer 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 Section Xl of Ordinance No. 460 will apply. Should the quantities exceed the street capacity, or use of streets be prohibited for drainage purposes, the Developer shall provide adequate facilities as approved by the Department of Public Works. R:\S\STAFFRI:rr~187PA93.PC 1212g/93 Idb 20 58. The Developer 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. 59. The Developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the subject property. Prior to the Issuance of Encroachment Permits 60. All necessary grading permit requirements shall have been accomplished to the satisfaction of the Department of Public Works. 61. The Applicant shall design, widen and construct Pauba Road to four lanes, plus curb, gutter and sidewalk on the north side of the street, from Primavera Road west to the City Land within the dedicated right-of-way in accordance with City Standard No. 102. The Pauba Road alignment shall be as approved by the Department of Public Works. Transition to existing pavement shall be provided per Caltrans Standards. 62. The Applicant is responsible to remove and replace the utilities, and reconstruct the driveways to properties affected by the realignment of Pauba Road to the satisfaction of the Department of Public works. 63. The following criteria shall be observed in the design of the improvement plans and/or precise grading plans to be submitted to the Department of Public Works unless otherwise approved by the Department of Public Works: Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. Driveways shall conform to the applicable City of Temecuia Standard Nos. 207A and 401 (curb and sidewalk). Street lights shall be installed along the public streets adjoining the site in accordance with Ordinance 461 and shall be shown on the improvement plans as directed by the Department of Public Works. Concrete sidewalks and parkway trees shall be constructed along public street frontages in accordance with City Standard Nos. 400 and 401. Improvement plans shall extend 300 feet beyond the project boundaries or as otherwise approved by the Department of Public Works. Minimum centerline radii shall be in accordance with City standard 113 or as otherwise approved by the Department of Public Works. Go All reverse curves shall include a 100 foot minimum tangent section or as otherwise approved by the Department of Public Works. R:\S\STAFFRP~187PAg3.PC 12/2g/93 kJb 21 64. 65. 66. 67. 68. 69. 70. All street and driveway centerline intersections shall be at 90 degrees or as approved by the Department of Public Works. Public Street improvement plans shall include plan profiles showing existing topography and utilities, and proposed centerline, top of curb and flowline grades as directed by the Department of Public Works. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. All concentrated drainage directed towards the public street shall be conveyed through undersidewalk drains. A Traffic Control Plan shall be prepared by a registered Civil Engineer, and approved by the Department of Public Works. Where construction on existing City streets is required, traffic shall remain open at all times and the traffic control plan shall provide for adequate detour during construction. A Signing and Striping Plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works for Pauba Road and shall be included in the street improvement plans. A School Zone Signing and Striping Plan shall be designed by a registered Civil Engineer for approval by the Department of Public Works for the school site with the project. This plan shall be separate from the street improvement 'plans and will cover any and all streets necessary to provide appropriate signing and striping as directed by the Department of Public Works. Plans for a yellow flashing school signal shall be designed by a registered Civil Engineer for approval by the Department of Public Works at Pauba Road and shall be separate from the street improvement plans. A Traffic Signal Interconnection I ~" rigid conduit with pull rope shall be placed along the property fronting Pauba Road. This design shall be shown on the street improvement plans for approval by the Department of Public Works. All required fees shall be paid. The Developer shall construct or post security and an agreement shall be executed guaranteeing the construction of the following public and private improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. Street improvements, which may include, but not limited to: pavement, curb and gutter, sidewalks, drive approaches, street lights, signing, striping, and other traffic control devices as appropriate B. Storm drain facilities C. Landscaping (slopes and parkways) R:~h'~I'AFFRPT~lETPA~3.PC 12129/93 Idb 22 D. Sewer and domestic water systems E. Undergrounding of proposed utility distribution lines F. Erosion control and slope protection Prior to the Issuance of Building Permits 71. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: Riverside County Fire Department Planning Department Department of Public Works Riverside County Flood Control and Water Conservation District 72. All necessary construction or encroachment permits have been submitted/accomplished to the satisfaction of the Department of Public Works. 73. All drainage facilities shall be installed as required by the Department of Public Works 74. All building pads 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. 75. The Developer shall deposit with the Engineering Department a cash sum as established per acre as mitigation for traffic signal impact. 76. The Developer shall notify the City's cable T.V. Franchises of the intent to develop. Conduit shall be installed to cable T.V. Standards prior to issuance of Certificate of Occupancy. 77. The 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/Neg~tive 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 the Developer requests its building permit 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 the Developer. Concurrently, with executing this Agreement, the Developer shall post a bond to secure payment of the Public Facility fee. The amount of the bond shall be $2.00 per square foot, not to exceed $10,000. The 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, the 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; orovided that the Developer is not waiving its right to protest the reasonableness of any traffic impact fee, and 'the amount thereof. R:~S\STAFFRPT~187PA83.PC 12/29/93 kib 23 Prior to the Issuance of Certificate of Occupancy 78. The Developer shall receive written clearance from the following agencies: · · · · · · · · Rancho California Water District Eastern Municipal Water District General Telephone Southern California Edison Southern California Gas Planning Department Department of Public Works Riverside County Flood Control and Water Conservation District 79. All improvements shall be constructed and completed per the approved plans and City standards, including but not limited to curb and gutter, A.C. pavement, sidewalk, drive approaches, parkway trees, street lights on all interior public streets, signing, striping, and other traffic control devices. 80. Pauba Road shall be improved to four lanes, plus curb, gutter and sidewalk on the north side of the street, from Primavera Road west to the City Land within the dedicated right-of-way in accordance with City Standard No. 102. 81. 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. 82. The Applicant shall complete the removal and replacement of the utilities, and the reconstruction of the driveways to properties affected by the realignment of Pauba Road to the satisfaction of the Department of Public works. 83. The Applicant shall complete all necessary private improvements and submit all required engineering certifications in accordance with applicable City Policies and Procedures to the Department of Public Works for review and approval. COMMUNITY SERVICES DEPARTMENT 84. All parkways, slopes and o13en space shall be maintained by the property owner. 85. Class II bicycle lanes along Pauba Road shall be designed and constructed to intercept with the City's Park and Recreation Master Plan. The bicycle lanes shall be completed in concurrence with the street improvements. OTHER AGENCIES 86. Water and sewerage disposal facilities shall be installed in accordance with the provisions set forth in the Riverside County Health Department's transmittal dated October 6, 1993, a copy of which is attached. R:~S\STAFFRPT~187PA93.PC 12/29/93 Jdb 24 REFERENCED DOCUMENTS IN 88 ARE ON FILE