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HomeMy WebLinkAbout91_026 PC ResolutionRESOLUTION NO. 91-026 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PARCEL MAP NO. 26723 TO SUBDIVIDE A 10.7+/- ACRE PARCEL INTO 4 RESIDENTIAL PARCELS. THE PROJECT'S GENERAL LOCATION BEING: SOUTH SIDE OF SANTIAGO ROAD, APPROXIMATELY 3/4 MILE WEST OF MARGARITA ROAD. WHEREAS, Mr. Devadutt Sawh filed Parcel Map No. 26723 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Parcel Map application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Parcel Map on April 15, 1991, 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 approval of said Parcel Map; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Eib. That the Temecula Planning Commission 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 takidg other actions, including the issuance of building permits, each of the following: a) There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or STAFFRP-D~PM26723 studied or which will be studied within a reasonable time. b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c) The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The proposed Parcel 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 approving projects and taking other actions, including the issuance of building permits, pursuant to this title, each of the following: a) There is reasonable probability that Parcel Map No. 26723 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 interierence 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. STAFFRPT~PM26723 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. 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 improvements 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 of 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 record or to easements established by judgment of a court of competent jurisdiction. (2) The Planning Commission in recommending approval of the proposed Tentative Parcel Map, makes the following findings, to wit: a) The proposed Parcel Map will not have significant negative impact on the environment, as determined in the Initial Environmental STAFFRPT~PM26723 STAFFRP~PM26723 b) c) d) e) f) g) Assessment prepared for Tentative Parcel Map No. 26723. A Negative Declaration is recommended for adoption. There is a reasonable probability that this proposal will be consistent with the General Plan being prepared at this time. The project is consistent with applicable subdivision and land use ordinances, and conforms with the City's Southwest Area Plan (SWAP) guidelines affecting the subject property. There is not 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. The project is consistent with surrounding development, and does not logically have the potential to generate significant adverse environmental impacts. The proposed use or action complies with City and State planning and zoning laws. Reference local Ordinances No. 348, 460, California Governmental Code Sections 65000-66009 (Planning Zoning Law), and Government Code Title 7, Division 2. The site is suitable to accommodate the proposed land use in terms of the size and shape of parcel configurations, access, and density. The project has access to public rights- of-way, and is designed with sufficient parcel acreages allowing appropriate building pad sitings. The project as designed and conditioned will not adversely affect the built or natural environment as determined in the initial study prepared for this project. Reference the attached Initial Environmental Study and Conditions of Approval for Tentative Parcel Map No, 26723. The design of the subdivision, the type of improvements and the resulting street layout are such that they are not in conflict with easements h) J) k) for access through or use of the property within the proposed project as conditioned. Easement dedications are not evident in grant deeds describing the property. Further, off-site easement agreements necessary to realize this project are provided as discussed in the project Staff Report, and evidenced in Attachments 5.1 and 5.2. The site for the proposed use is provided legal access via Santiago and Lolita Road public rights-of-way. Development of these roads shall comply with City Engineering Conditions of Approval contained herein. The proposed project will not inhibit or restrict future ability to use active or passive solar energy systems. Adequate lot areas and exposures are provided for these alternatives. The proposed use will not have a substantial adverse affect on abutting properties or the permitted use thereof. The proposed map provides for residential development similar in character and densities evident on adjacent properties. Any necessary off-site construction activities affecting adjacent properties will occur only in concordance with easement agreements outlined in Attachments 5.1 and 5.2. Land use incongruities and associated adverse affects arising from implementation of this proposal are unlikely. The lawful conditions stated in the approval are deemed necessary to protect the public health, safety and general welfare. The Conditions stated in the attached Staff analysis are based in mitigative measures necessary to reduce the severity of, or entirely eliminate potential adverse impacts of the project. That said findings are supported by minutes, maps, exhibits, and environmental documents associated with these applications and herein incorporated by reference. STAFFRP~PM26723 13 proposed is community. As conditioned pursuant to SECTION 3, the Parcel Map compatible with the health, safety and welfare of the SECTION 2. Environmental Compliance~ An Initial Study prepared for this project indicates that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on attached sheets and in the Conditions of Approval have been added to the project. A Negative Declaration will be prepared. That the City of Temecula Planning Commission hereby approves Parcel Map No. 26723 for the subdivision of a 10.7+/- acre parcel into 4 parcels generally located on the south side of Santiago Road, approximately 3/4 mile west of Margarita Road, subject to the following conditions: A. Attachment No. 2, attached hereto. PASSED, APPROVED AND ADOPTED this 15th day of April 1991. CHAIRMAN I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 15th day of April, 1991 by the following vote of the Commission: AYES: 4 PLANNING COMMISSIONERS Blair, Fahey, Ford, and Chiniaeff NOES: 0 PLANNING COMMISSIONERS None ABSENT: 1 PLANNING COMMISSIONERS Hoagland STAFFRPT~PM26723 14 ATTACHMENT NO. 2 CITY OF TEMECULA CONDITIONS OFAPPROVAL Tentative Pamel Map No: 26723 Project Description: Proposed residential subdivision of approximately 10.7 gross acres into 4 parcels, averaging 2.5+/- net acres each. Assessor's Parcel No.: The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance 460, Schedule H, 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 April 26, 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. 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. The applicant shall comply with the flood control recommendations of the Riverside County Flood Control District contained herein. If the project lies within an adopted flood control drainage area pursuant to Section 10.25 of City of STAFFRPT~PM26723 10. 11. 12. 13. Temecula Land Division Ordinance 460, appropriate fees for the construction of area drainage facilities shall be collected by the City prior to issuance of Occupancy Permits. The applicant shall comply with the fire improvement recommendations outlined by the County Fire Department as referenced herein. The applicant shall comply with the recommendations outlined in the City Building and Safety Department Conditions of Approval contained herein. All proposed construction within the tentative map boundaries 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 City Engineering Department Conditions of Approval referenced herein. Lots created by this subdivision shall comply with the following: Lots created by this subdivision shall be in conformance with the development.standards of the R-A-2 1/2 zone district. 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. The developer shall be responsible for maintenance and upkeep of all proposed slopes and landscaped areas until such time as those operations are the responsibilities of other parties as approved by the Planning Director. All cut 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 angle of the graded slope shall be gradually adjusted to the angle of the natural terrain. 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. STAFFRP'~PM26723 17 14. 15. 16. 17. 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. Prior to the issuance of grading permits, the developer shall provide evidence to the City Director of Building and Safety and/or City Engineering Department that all adjacent off-site manufactured slopes and proposed ponding area(s) have recorded slope/ponding easements and that maintenance responsibilities for such areas have been assigned as approved by the Director of Building and Safety and/or City Engineer. 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 ~ 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 ($100) per Iot~unit shall be deposited with the City as mitigation for public library development. 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. Co Roof-mounted equipment shall be shielded from view of surrounding property. Building separation between all buildings including fireplaces shall not be less than ten (10) feet. e. All street side yard setbacks shall be a minimum of ten (10) feet. 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. STAFFRPT~PM26723 18. 19. 20. 21. 22. 23. The subdivider shall submit to the Planning Director an agreement with TCSD 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, 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 Parcel Map No. 26723, 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. The developer shall make a good faith effort to acquire any off-site property interests which may be required, and if he or she should fail to do so, the developer shall at least 120 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 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. 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. All existing specimen trees on the subject property shall be preserved wherever feasible. Where they cannot be preserved they shall be relocated or replaced with specimen trees as approved by the Planning Director. The applicant shall comply with the project Conditions of Approval specified by the Riverside County Environmental Health Service Division (EHSD) contained referenced herein. STAFFRPT~PM26723 19 24. The applicant shall comply with the project Conditions of Approval contained in the requirements of the City Community Services District contained referenced herein. 25. 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 ($1,275.00), 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 Twenty-Five Dollar ($25.00) 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). Rivemide Coun~ Fire DepadmP. nt With respect to the conditions of approval for the above referenced land division, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognized fire protection standards: 26. Schedule "H" fire protection. An approved standard fire hydrant (6'x4"x2 1/2") shall be located so that no portion of the frontage of any lot is more than 500 feet from a fire hydrant. Minimum fire flow shall be 1000 GPM for 2 hours at 20 PSI. 27, Applicant/developer shall furnish one copy of the water system plans to the Fire Department for review. Plans shall be signed by a registered civil engineer, containing a Fire Department approval signature block, and shall conform to hydrant type, location, spacing and minimum fire flow. Once plans are signed by the local water company, the originals shall be presented to the Fire Department for Signature. 28. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. 29. Prior to the recordation of the final map, the developer shall deposit with the City of Temecula, a cash sum of $400.00 per lot/unit as mitigation for fire protection impacts. All questions regarding the meaning of conditions shall be referred to Planning Staff. STAFFRP%PM26723 City. Building and Safety. Department 30. Submit approved map to Building and Safety Department for addressing prior to Structural Plan review. 31. All building pad drainage shall comply with Ordinance 457.57, Section 1. 32. Obtain clearances from Landuse and from Building and Safety Departments. Riverside County. EHSD 33. The Environmental Health Services Division (EHSD) has reviewed the above Parcel Map and while we are not priviledged to receive any preliminary information relative to subsurface sewage disposal or connection to sewers or domestic water supply, it is our considered opinion that the soils that might be encountered in this area may not be conducive to the effective subsurface sewage diposal systems and because of soil characteristics in the area, there may be a requirement for extensive grading compaction, cutting, etc. Prior to recordation of the final map, an acceptable soils feasibility report shall be submitted for reiveiw and and approval by the Environmental health Services Division. (Soils percolation required) When grading is required, the soils engineer must assume theoretical cuts, fills, compaction, etc. and perform the tests and borings at the necessary subsurface sewage disposal system depths. ~JD~3~y~]z~iJ~ the soils engineer must provide a grading plan for review and approval which shall include and address the following: The proposed cuts and/or fills in the areas of subsurface sewage disposal system. The sewage system and it's 100% expansion area placed in a natural undisturbed soil. The elevation of the individual building pads in reference to the elevation of the disposal system. 34. On those projects where the grading plans are prepared by other than the person preparing the soils feasibility report, a statement must be included on the grading plan submitted for review and approval with the soils engineer's signature and seal as to the appropriateness of the grading with regard to the conclusions and recommendations set forth in the soils engineer's estimate by more than two feet, additional reports may be required. STAFFRPT~PM26723 35. A copy of the final grading plan, on a scale not smaller than 1"=40' maximum with detailed subsurface sewage disposal data to include 100% expansion, shall be submitted for review and approval. City. Community. Services District 36. Subdivisions containing less than five (5) pamels will be subject to the following condition: Upon request of a 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 developmment, 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 Riverside County Ordinance No. 460 as amended through Ordinance No 460.93. Engineering 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. 37. The Developer shall comply with the State of California Subdivision Map Act, and all applicable City Ordinances and Resolutions. 38. 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 RECORDATION OF THE FINAL MAP: 39. As deemed necessary by the City Engineer or his representative, the developer shall receive written clearance from the following agencies: San Diego Regional Water Quality; Rancho California Water District; Eastern Municipal Water District; STAFFRPT~PM26723 22 40. 41. 42. 43. 44. 45. 46. 47. Riverside County Flood Control district; City of Temecula Fire Bureau; Planning Department; Engineering Department; Riverside County Health Department; CATV Franchise; CalTrans; 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 City Engineer. Santiago 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 (110'/86'). Santiago Road improvements shall be extended offsite to connect with existing improvements to the northeast of the project location. Transition paving shall be as directed by the City Engineer. Existing barricade shall be relocated to the northwesterly boundary line. Street "A" shall be improved with 36 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. 105, Section A (60'/36'). Lolita Road shall be improved with 22 feet of half street improvement plus one 12' lane within a dedicated right-of-way in accordance with County Standard No. 103, Section A (66'/44'). Alternatively, performance bonding for required street improvements may be posted. Such bonding shall be reviewed and approved by the City Engineer. Vehicular access shall be restricted on Santiago read and so noted on the final map with the exception of Public Street Intersections as approved by the City Engineer. Street "A" shall terminate in a cul-de-sac per Riverside County Standard No. 800. Corner property line cut off shall be required per Riverside County Standard No. 805. Private drainage easements for cross-lot drainage shall be required and shall be delineated or noticed on the final map. STAFFRP~PM26723 48. 49. 50. 51. 52. 53. 54. 55. 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 City Engineer. The developer, or the developer's successor, shall execute a current Public Facilities Agreement with the City of Temecula which provides for the payment of the sum of money per residential unit then established by Resolution of the City Council, prior to the issuance of any building permits for any individual lots. 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. Storm drain facilities. c. Landscaping (street and parks). d. Domestic water systems. e. Undergrounding of existing and proposed utility distribution lines. The street design and improvement concept of this project shall be coordinated with adjoining developments. 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 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 City Engineering Department. The minimum centerline radii shall be 300 feet or as approved by the City Engineer. STAFFRPT~PM26723 24 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. 66, 67. All street centerline intersections shall be at 90 degrees or as approved by the City Engineer. 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. All driveways shall conform to the applicable County of Riverside standards and shall be shown on the street improvement plans in accordance with County Standard 400 and 401 (curb sidewalk). All driveways shall be located a minimum of two (2) feet from the property line. The subdivider shall submit two (2) 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. A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. The subdivider shall submit two (2) 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. 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." 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. The subdivider shall accept and properly dispose of all off-site drainage flowing onto or through the site. In the event the City Engineer 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 STAFFRPT~PM26723 25 for drainage purposes, the subdivider shall provide adequate facilities as approved by the Engineering Department. 68. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. 69. 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. 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 City Engineer's Office. 71. 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. 72. 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 ISSUANCE OF BUILDING PERMITS: 73. 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. 74. 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: 75. 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. 76. Exi§ting city roads requiring construction shall remain open to traffic at all times with adequate detours during construction. STAFFRPT~PM26723 26 77. 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. 78. 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. Tansportation Engineering PRIOR TO THE RECORDATION OF THE FINAL MAP: 79. An interim signing and striping plan shall be designed by a registered Civil Engineer and approved by the City Engineer for Lolita and Santiago Roads and shall be included in the street improvement plans. STAFFRPT~PM26723 27