HomeMy WebLinkAbout91-072 CC ResolutionRF~OLUTION NO. 91-72
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING TENTATIVE PARCEL MAP NO. 26852
TO SUBDIVIDE A 97.3 ACRE PARCEL INTO 13 PARCELS AND 2
REMAINING PARCELS LOCATED AT THE NORTHWEST
CORNER OF WINCHESTER AND MARGARITA ROADS
WItEREAS, Bedford Properties filed Tentative Parcel Map No. 26852 in accordance with
the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City
has adopted by reference;
WHEREAS, said Tentative Parcel Map application was processed in the time and manner
prescribed by State and local law;
WHEREAS, the Planning Commission considered said Tentative Parcel Map on June 17,
1991, at which time interested persons had an opportunity to testify either in support or
opposition;
WHF_JIEAS, at the conclusion of the Commission hearing, the Commission recommended
approval of said tentative Parcel Map;
WHEREAS, the City Council considered said Tentative Parcel Map on June 25, 1991,
at which time interested persons had an opportunity to testify either in support or opposition;
WHEREAS, at the conclusion of the Council hearing, the Council approved said Tentative
Parcel Map;
SECTION 1. Findings. That the Temecula City Council hereby makes the following
findings:
A. Pursuant to Government Code Section 65360, a newly incorporated city shall
adopt a general plan within thirty (30) months following incorporation. During that 30-month
period of time, the city is not subject to the requirement that a general plan be adopted or the
requirements of state law that its decisions be consistent with the general plan, if all of the
following requirements are met:
1. The city is proceeding in a timely fashion with the preparation of the
general plan.
2. The planning agency finds, in approving projects and taking other
actions, including the issuance of building permits, each of the following:
Resos 91-72 -1-
a. There is a reasonable probability that the land use or action
proposed will be consistent with the general plan proposal being considered or studied or which
will be studied within a reasonable time.
b. There is little or no probability of substantial detriment to or
interference with the future adopted general plan if the proposed use or action is ultimately
inconsistent with the plan.
c. The proposed use or action complied with all other applicable
requirements of state law and local ordinances.
B. The Riverside County General Plan, as amended by the Southwest Area
Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as
the General Plan for the southwest portion of Riverside County, including the area now within the
boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines
while the City is proceeding in a timely fashion with the preparation of its General Plan.
C. The proposed Plot Plan is consistent with the SWAP and meets the
requirements set forth in Section 65360 of the Government Code, to wit:
general plan.
1. The City is proceeding in a timely fashion with a preparation of the
2. The City Council finds, in approving projects and taking other actions,
including the issuance of building permits, pursuant to this title, each of the following:
a. There is a reasonable probability that Tentative Parcel Map No.
26852 proposed will be consistent with the general plan proposal being considered or studies or
which will be studied within a reasonable time.
b. There is little or no probability of substantial detriment to or
interference with the future adopted general plan if the proposed use or action is ultimately
inconsistent with the plan.
c. The proposed use or action complies with all other applicable
requirements of state law and local ordinances.
D. 1. Pursuant to Section 18.30(c), no plot plan may be approved unless the
following findings can be made:
a. The proposed use must conform to all the General Plan
requirements and with all applicable requirements of state law and City ordinances.
Resos 91-72 -2-
b. The overall development of the land is designed for the protection
of the public health, safety and general welfare; conforms to the logical development of the land
and is compatible with the present and future logical development of the surrounding property.
2. The City Council, in approving the proposed Tentative Tract Map,
makes the following findings, to wit:
1. The proposed Parcel Map will not have significant negative
impact on the environment, as determined in the Initial Study performed for the project. A
Mitigated Negative Declaration is recommended for adoption.
2. There is a reasonable probability that this project will be
consistent with the General Plan being prepared at this time, due to the fact that the project is
consistent with the surrounding proposed development, zoning and SWAP.
3. 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, due to the fact that the project is consistent with surrounding proposed development.
4. The proposed use complies with State planning and zoning law
due to the fact that the project conforms to the current zoning for the site and to Ordinance No.
460, Schedule E.
5. The site is suitable to accommodate the proposed land use in
terms of the size and shape of the lot configurations, access, and density due to the fact that the
project has access to public roads and sufficient building area.
6. The design of the subdivision or the proposed improvements are
not likely to cause substantial environmental damage or substantially and avoidable injure fish or
wildlife or their habitat as determined in the initial study.
7. The design of the subdivision is consistent with the State Map
Act in regard to future passive energy control opportunities due to the fact that the lots are large
enough to provide sufficient southern exposure with passive or active solar possibilities.
8. All lots have acceptable access to existing and proposed dedicated
rights-of-way which are open to, and are useable by, vehicular traffic, access is provided from
Winchester and Margarita Roads.
9. The design of the subdivision, the type of improvements and the
resulting street layout are such that they are not in conflict with easements for access through or
use of the property within the proposed project as conditioned. The project will not interfere with
any easements.
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10. The lawful conditions stated in the project's Conditions of
Approval are deemed necessary to project the public health, safety and general welfare.
11. That said findings are supported by minutes, maps, exhibits and
environmental documents associated with these applications and herein incorporated by reference.
E. As conditioned pursuant to SECTION 3, the Plot Plan proposed conforms to
the logical development of its proposed site, and is compatible with the present and future
development of the surrounding property.
SECTION 2. Environmental Compliance. An Initial Study was performed for this project
when determined that although the proposed project could have a significant effect on the
environment, no significant impact would result to the natural or built environment in the City
because impacts will be mitigated by adherence to the attached Conditions of Approval which have
been added to the project, and a Negative Declaration, therefore, is hereby granted.
SECTION 3. Conditions. That the City of Temecula City Council hereby approves
Tentative Tract Map No. 26852 for the subdivision of a 97.3 acre parcel into 13 parcels and 2
remainders located at the northwest comer of Winchester and Margarita Roads subject to the
following conditions:
A. Exhibit A, attached hereto.
SECTION 4. The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 2nd day of July, 1991.
Ronald J. Parks, Mayor
ATrEST:
k, City
[SEAL]
Resos 91-72 4.-
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) SS
CITY OF TEMECULA )
I I4ERERY 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 2nd day of July, 1991 by the
following vote of the Council:
AYES: 5
C OUNCILMEMBERS:
Birdsall, Lindemans, Moore, Mufioz
Parks
NOES:
0 C OUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
S. Greek, City Clert'-
Resos 91-72 -5-
ATTACHMENT 4
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Parcel Map No: 26852
Project Description: 14 Lot Commercial
Subdivision with 2 Remainders. on 97 acres
located at the northwest corner of
Winchester and Marqarita Roads.
Assessor's Parcel No.: 911-180-026
Planninq Department
The tentative subdivision shall comply with the State of California Subdivision
Map Act and to all the requirements of Ordinance 460, Schedule E, 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
e
The subdivider shall submit one copy of a soils report to the City Engineer
and two copies to the Department of Building and Safety. The report shall
address the soils stability and geological conditions of the site.
Any delinquent property taxes shall be paid prior to recordation of the final
map.
o
Legal access as required by Ordinance 460 shall be provided from the tract
map boundary to a City maintained road.
All road easements shall be offered for dedication to the public and shall
continue in force until the governing body accepts or abandons such offers.
All dedications shall be free from all encumbrances as approved by the City
Engineer. Street names shall be subject to approval of the City Engineer.
Provide reciprocal access, parking, drainage and maintenance agreements
between all the parcels through an REA or CC&R's prepared by the applicant,
reviewed and approved by the Planning Director and City Attorney.
Document to be recorded with the final map.
e
The applicant shall comply with the environmental health recommendations
outlined in the County Health Department's transmittal dated April 24, 1991,
a copy of which is attached.
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The applicant shall comply with the flood control recommendations outlined in
the Riverside County Flood Control District's letter dated April 15, 1991, a
copy of which is attached. If the project lies within an adopted flood control
drainage area pursuant to Section 10.25 of City of 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.
10.
The applicant shall comply with the fire improvement recommendations outlined
in the County Fire Department's letter dated March 7, 1991, a copy of which
is attached.
11.
All proposed construction shall comply with the California Institute of
Technology, Palomar Observatory Outdoor Lighting Policy. as outlined in the
Southwest Area Plan.
12. 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 C-P-S ( Scenic Highway Commercial I zone.
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.
13.
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 Department.
14. The following notes 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 Obse~,~vatory."
"A Liquefaction Hazard Report {County Geologic Report No. 793) has
been done for this site and is on file in the Planning Department."
Construction excavation has high potential to impact significant,
nonrenewable paleontologic resources. A qualified vertebrate
paleontologist must be retained to develop a mitigation program prior to
issuance of grading permits.
15.
Prior to the issuance of BUILDING PERMITS the following conditions shall be
satisfied:
(1)
Prior to the issuance of grading permits detailed common open space
area landscaping and irrigation plans shall be submitted for Planning
A: 224~P. CC 1 6
16.
17.
18.
Department approval for the phase of development in process. The
plans shall be certified by a landscape architect, and shall provide for
the following:
Permanent automatic irrigation systems shall be installed on all
landscaped areas requiring irrigation.
Landscape screening where required shall be designed to be
opaque up to a minimum height of six {6) feet at maturity.
Co
All utility service areas and enclosures shall be screened from
view with landscaping and decorative barriers or baffle
treatments, as approved by the Planning Director. Utilities shall
be placed underground.
Landscaping plans shall incorporate the use of specimen accent
trees at key visual focal points within the project.
Landscaping plans shall incorporate native and drought tolerant
plants where appropriate.
fo
All trees shall be minimum double staked. Weaker and/or slow
growing trees shall be steel staked.
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. The applicant shall comply with
the recommendations outlined in the San Bernardino County Museum
transmittal dated May 6, 1991.
Prior to the issuance of BUILDING PERMITS the following conditions shall be
satisfied:
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 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.
Prior to the issuance of OCCUPANCY PERMITS the following conditions shall
be satisfied:
;%: 224PP, CC 17
19.
20.
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23.
24.
ae
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.
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.
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 lecjislative body concerning Tentative
Parcel Map No. 26852, which action is brought within the time period provided
for in California Government Code Section 66~99.37. 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 shatl not,
thereafter, be responsible to defend, indemnify, or hold harmless the City of
Temecula.
All utilities, except electrical lines rated 33kv or greater, shall be installed
underground.
Within forty-eight 148) 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.~{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).
Dedicate right-of-way along Winchester Road along remainder parcel.
The applicant shall comply with recommendations set forth in the County
Geologist transmittal dated April 23, 1991.
A: 224PP. CC 1 $
25.
A 25 foot wide transportation corridor easement shall be dedicated along
Winchester Road.
Enqineerinq 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.
26.
The Developer shall comply with the State of California Subdivision Map Act,
and all applicable City Ordinances and Resolutions.
27.
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:
28.
As deemed necessary by the City Engineer or his representative, the
developer shall receive written clearance from the following agencies:
Rancho California Water District;
Eastern Municipal Water District;
Riverside County Flood Control district;
City of Temecula Fire Bureau;
Planning Department;
Engineering Department;
Riverside County Health Department;
CATV Franchise;
CalTrans; and
Parks and Recreation Department.
29.
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.
30.
Margarita Road from Highway 79 to the proposed bridge over Santa Gertrudis
Creek shall be improved with full improvements or bonds for the street
improvements may be posted, within the dedicated right-of-way in accordance
with County Standard No. 100 (86'/110').
31.
In the event that Winchester Road (Highway 79) is not constructed by
Assessment District 161 prior to the final map recordation, the developer shall
construct or bond for the improvements to provide for one-half street
improvements plus one 18 foot lane per CalTrans Standard (110'/134'). The
improvements shall be constructed per CalTrans letter dated March 14, prior
A: 224PP. CC 19
32.
33.
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to occupancy.
In the event road or off-site right-of-way are required to comply with these
conditions, such easements shall be obtained by the developer; or, in the
event the City is required to condemn the easement or right-of-way, as
provided in the Subdivision Map Act, the developer shall enter into an
agreement with the City for the acquisition of such easement at the
developer's cost pursuant to Government Code Section 66462.5, which shall
be at no cost to the City.
Vehicular access shall be restricted on Winchester Road (Highway 79) and
Margarita Road and so noted on the final map with the exception of access
points and public street intersections as approved by the City Engineer and
CalTrans.
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.
An easement for a joint use driveway shall be provided 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 City Engineer.
A Notice of Intention to form and/or join the Landscape and Lighting District
shall be filed with the City Council. The engineering costs involved in
District information shall be borne by the developer.
Notice of Intention to join the median island Landscape Maintenance District
shall be filed with the City Council. The engineering costs involved in
District information shall be borne by the developer.
The subdivider shall construct or post security and an agreement shall be
executed guaranteeing the construction of the following public improvements
in conformance with applicable City standards.
Street improvements, including, but not limited to: pavement, curb
and gutter, medians, sidewalks, drive approaches, street lights,
signing, striping, traffic signal systems, and other traffic control
devices as appropriate.
b. Storm drain facilities.
c. Landscaping (street and parks).
d. Sewer and domestic water systems.
A: 224.PP. CC 2 0
All trails, as required by the Ci[y's Master Plans.
f. 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.
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.
48. 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 City Engineer.
50.
All driveways shall conform to the applicable County of Riverside standards
as determined by the City Engineer and shall be shown on the street
improvement plans in accordance with County Standard 400 and 401 (curb
sidewalk).
51.
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.
52.
If grading is to take place between the months of October and April, erosion
control plans will be required. Erosion control plans and notes shall be
submitted and approved by the Engineering Department
53. A geological report shall be prepared by a qualified engineer or geologist and
R: 224PP. CC 2 ~
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.
55.
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.
56.
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."
57.
As deemed necessary by the Engineering Department, a copy of the
improvement plans, grading plans and final map, along with supporting
hydrologic and hydraulic calculations should be submitted to the Riverside
County Flood Control District for review.
58.
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. ~60 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 Engineering
Department.
59.
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.
60.
The site is in an area identified on the Flood Hazard Maps as Flood Zone A
subject to flooding of undetermined depths. Prior to the approval of any
plans, this project shall comply with Ordinance 91-12 of the City of Temecula
regarding flood damage protection for development within a Flood Zone "A".
which may include obtaining a letter of map revision from FEMA.
61.
The developer shall record an Environmental Constraint Sheet delineating the
area within the 100-year floodplain.
62.
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:
63.
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.
Prior to any work being performed on the private streets or drives, fees shall
be paid and a construction permit shall be obtained from the City Engineer's
A: 224PP. CC 2 2
65.
66.
67.
Office.
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.
Prior to any work being performed, an application for a Development Permit
shall be submitted per Flood Damage Prevention Ordinance 91-12 of the City
of Temecula. All requirements of this ordinance shall be complied with as
directed and approved by the City Engineer.
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.
68.
A permit shall be required from CalTrans for any work within the following
right-of-way:
Winchester Road (Hiqhway 79)
69.
A permit from the County Flood Control District is required for work within
its right-of-way.
70.
Should this project lie within any assessment/benefit district, the applicant
shall prior to recordation make application for and pay for their
reapportionment of the assessments or pay the unit fees in the benefit district
unless said fees are deferred to building permit.
PRIOR TO BUILDING PERMIT:
71.
A precise grading plan shall be submitted to the Engineering Department for
review and approval. The building pad shall be certified by a registered Civil
Engineer for location and elevation, and the Soil Engineer shall issue a Final
Soils Report addressing compaction and site conditions.
72.
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.
73.
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 a bond to secure payment of the Public
A:224PP.CC 23