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HomeMy WebLinkAboutOrdinance 2212 - Amend Title 18.06.020 • • ORDINANCE NO. 2212 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDDING AMENDING SECTION 18.06.020 OF THE REDDING MUNICIPAL CODE RELATING TO THE REZONING OF CERTAIN REAL PROPERTY IN THE CITY OF REDDING (PD-1-94). The City Council of the City of Redding does ordain as follows: Section 1. That the boundaries of the districts referred to in Section 18.06.020 of the Redding Municipal Code, as designated on a map entitled "Zoning Map of the City of Redding, California," dated March 19, 1956, are hereby altered as set forth on the map attached hereto and made a part hereof by: REZONING: An amendment to the Tierra Oaks Estates Planned Development PD-1-94 as shown on the map attached hereto as Exhibit A and made a part hereof by reference FROM: "PD" Planned Development District TO: "PD" Planned Development District, subject to the Conditions of Approval attached hereto as Exhibit B and made a part hereof by reference. Section 2. On the basis of the initial study for the Blackpointe Homes amendment to PD-1-94 prepared by the Development Services Department, the City Council finds that the subject amendment will not have a significant effect on the environment and approves the mitigated negative declaration with the following finding: With the incorporation of the following mitigation measure, the Project is compatible with the Redding General Plan, the surrounding land use and the Code of the City of Redding, California, and it will not significantly alter existing land form: The developer shall mitigate the loss of any jurisdictional waters of the U.S. as identified on the reconnaissance level evaluation submitted in conjunction with the application due to project construction. Mitigation shall be through the creation of • • • on- or off-site wetlands or purchase of off-site wetlands credits at a loss-to-creation ratio of no less than 1:1. The on- or off-site creation of wetlands shall meet the performance standards identified in the project negative declaration. Any necessary permits or approval from the Army Corps of Engineers for implementation of these mitigations shall be secured by the developer. Section 3. This ordinance shall take effect 30 days after the date of its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause its publication according to law. I HEREBY CERTIFY that this ordinance was introduced and read at an adjourned regular meeting of the City Council on the 23rd day of March, 1998; and was read and adopted at a regular meeting of the City Council on the 7 t h day of A p r i 1 , 1998, by the following vote: AYES: COUNCIL MEMBERS: ANDERSON , M C G E O R G E , K E H O E NOES: COUNCIL MEMBERS: MURRAY ABSENT: COUNCIL MEMBERS: NONE ABSTAIN: COUNCIL MEMBERS: NONE 4 I 1i a KEN ' ' • Y, Mayo 1 Attest: .1/ Connie Strohmayer, Ci�,�Clerk Form Approved: W. Leonard Wingate, y Attorney 2 • • Hflh! I •� _- 11i UN pN W / I , HOpL = - 41:`, *a±wil.1 WI` 1 I.4 L 1 '74Ir 1 tierd again.100 , , 1 _,Mim f*L°111fr:ritillill 7.4/� .41, 1.• SIV�� w L z ► g/:\' FAM 11-54figa_lb.:M11:ti Ili ig° . ' ' ;rra : , �:•.•. I U •••::I ii..c9r NT. AIN R01 cvjp \ O��I Jam, FUTURE 9f-, 1 REALIGNMENT (15.)iii . ....... .... ... i if) ::::::•:.:::i*:: :::::;:.::::::. ---wirmr \ Iii ::L.•:.. . ! -'111U:.0. 1.. irmim I 1 ' r , , _ :,,,,, ,„,,,,,,,,. ai,= = / : , 1, ___•_,., ,„: „„„„-,„ ., 1MINI um,---- - ---' 1 .. \:: ::,:,,,:. ? 1!/_ % 1,1/4 % ilk __ r ` 1 , a , I , I, �s 9 , .... . :II i-0 -iii 4. - ►47 nrte; SOURCE: GIS DIVISION 77 DEVELOPMENT SERVICES DEPARTMENT LOCATION MAP I TEM: oa BOO 1600 2400 PD-1-94 AMENDMENT SCALE :N FEET ITIERRA OAKS PLANNED DEVELOPMENT ATTACHMENT: C\ACRD\ °ATE' BLACKPOINTE HOMES PD194LM FEBRUARY 17, 1998 • • March 23, 1998 PD-1-94 Tierra Oaks Planned Development Blackpointe Homes Amendment (Remaining Undeveloped Phases of Original Tentative Map Approval) *Denotes that condition is from existing project approval General Requirements 1. Approval is granted for an amendment to the tentative map of the undeveloped portions of the Tierra Oaks Planned Development in substantial conformance with the following exhibits: ► Exhibit "A." Tentative map dated January 27, 1998. ► Exhibit "B." Floor plans and building elevations for the Tivoli, Portofino, Tuscany, and Palermo Villages. All Belleterre lots shall be for custom homes meeting the architectural standards of the conditions, covenants, and restrictions (CC&Rs) of Unit 3. ► Five of the ten Palermo lots adjacent to the golf course fairway shall be reserved for custom homes containing a minimum of 2,000 square feet; the remaining five lots shall be developed with two 2,416-square-foot Palermo models, two 2,060-square-foot Palermo models, and one 1,856-square-foot Palermo model. 2. The standard conditions for subdivisions delineated in Resolution 92-18 shall be satisfied. 3. Prior to recordation of a final map,the developer/owner shall secure City Council approval of an amendment to the Tierra Oaks Annexation and Development Agreement to exceed the 360-residential-unit maximum specified in the agreement. 4. Prior to recordation of a final map, the existing delinquent taxes and assessments for the Tierra Oaks Sewer Assessment District shall be paid in full and the reserve reestablished. The remaining balance of the sewer bond assessments shall either be paid in full or an application to apportion the property assessment, including an approved amended assessment diagram, shall be completed and on file with the City Treasurer with payment of all filing fees. 5. If, in the course of development, any archaeological, historical, or paleontological resources are uncovered, discovered, or otherwise detected or observed, construction activities in the affected area shall cease, and a qualified archaeologist shall be contacted to review the site and advise the County of the site's significance. If the findings are deemed significant by the Environmental Review Officer,appropriate mitigations shall be required prior to any resumption of work on the project. • EXHIBIT • PD-1-94 • March 23, 1998 Conditions of Approval Page 2 Streets and Circulation 6. The interior private streets shall be constructed to the following standards: a. Tierra Heights Drive within Tivoli Village. ► Vertical curb; gutter; and a 32-foot, curb-to-curb pavement section. ► Six-foot-wide landscaped parkway and 4-foot-wide concrete sidewalk adjacent to all lots. b. Tierra Heights Drive and Street "A" within Portofino and Tuscany Villages. ► Vertical curb; gutter; and 28-foot, curb-to-curb pavement section. ► Six-foot-wide landscaped parkway and 4-foot-wide concrete sidewalk adjacent to all lots. c. Street "B" (Tivoli and Portofino Villages). ► Vertical curb; gutter; and a 24-foot, curb-to-curb pavement section. d. Street "C" within Palermo and Belleterre Villages. ► Twenty-eight-foot-wide pavement section. e. Alicia Parkway. ► Thirty-six-foot-wide pavement section,except the segment across the golf course where the width may be reduced to 24-feet. f. The structural section of all private streets shall meet City street standards. All streets and drainage facilities shall be maintained by the homeowners' association. g. Sidewalks and the parkway in the Tivoli, Portofino, and Tuscany Villages shall be extended as necessary to provide a pedestrian connection between groups of lots, villages, and the open-space trail system and meet Americans with Disabilities Act and California Title 24 requirements, to the extent applicable. h. Parking shall be restricted to one side only on all streets,except on Street"B,"Street"C," and Alicia Parkway, where no parking shall be allowed. i. On the side of the street where parking is allowed, the landscape parkway shall have a maximum slope of 6:1. j. All streets shall be widened four feet for mailbox clusters, fire hydrants,and school bus stops as specified by the Public Works Department. PD-1-94 • • March 23, 1998 Conditions of Approval Page 3 k. At all street intersections that do not have concrete curb returns, the pavement at the corner radii shall be widened 4 feet and an asphalt berm placed on a 30-foot radius. 1. The street on which Lots 17-25 in the Portofino Village are located shall be an'A'section (as described in 6b above). m. On streets without curb and gutter,a berm or curb to control street runoff shall be placed at the top of all fill slopes exceeding 4:1 grade as approved by the Public Works Department. The street pavement shall be widened 1 foot to accommodate the berm. The berm shall direct runoff to a drainage receptacle. n. Street-side drainage ditches shall be provided for all streets without curb and gutter to the following standards: (1) One-foot deep with a maximum side slope of 4:1. (2) The ditch shall be paved with asphalt,concrete, or mortared rock where the flow line exceeds a grade of 5 percent. (3) Storm-drain inlets shall be the Caltrans OCB type. Pavement shall be placed around the inlet as specified by the Public Works Department. (4) Driveway crossings of the ditch shall be constructed in accordance with City standards. (5) A note shall be placed on the final map stating that the homeowners' association is responsible for maintaining the flow capacity of the street-side ditches (e.g., mowing of weeds, removal of obstructions). o. Guest parking spaces shall be incorporated into the "B" street section in the Tivoli and Portofino Villages, at a ratio of 1 space for every 3 lots. 7. Distinctive signature streetlights for each village shall be installed along all interior streets. The streetlighting shall be metered,and the homeowners'association shall be responsible for all electric costs and light maintenance. *8. Prior to issuance of the 130'building permit as cumulatively totaled between PD-1-94 and PD-2-94, the developer shall acquire all necessary rights-of-way and construct Old Oregon Trail between La Crescenta Drive and Paso Robles Avenue generally along the alignment illustrated on the approved tentative map subject to approval by the County and City Public Works Departments. Failure by Blackpointe Homes to construct the road realignment prior to the 130`h permit threshold will result in the withholding of building permits to Blackpointe Homes or any successor developer for any and all lots within the four production-home villages (Tivoli, Portofino, Tuscany, and Palermo) until such time as the road realignment is constructed and accepted by the City or until the City accepts a construction bond for the road improvements. The developer's failure to comply with the road-realignment requirement will not cause the withholding of a building permit for a custom home;however, PD-1-94 • • March 23, 1998 Conditions of Approval Page 4 all custom-home permits will be included in the cumulative permit count toward the 130`h permit threshold. *9. A fee of$1,876 per lot shall be paid to the City of Redding to be placed in a fund solely for the purpose of financing the realignment of Old Oregon Trail between La Crescenta Drive and Paso Robles Avenue. For the custom-home lots in the Belleterre I and II Villages,the fee shall be paid at the time of recordation of a lot sale;for all other lots,the fee shall be paid at the time of issuance of a building permit. (This condition does not apply to existing recorded lots in PD-1-94, which are subject to the fee condition in effect at the time of recordation of Unit 3.) The fee shall be adjusted annually on July 1 in accordance with the Construction Cost Index (CCI) as established by the Engineering News Record (ENR). Collection of this fee will cease in the event of construction of the street or City acceptance of a construction bond for the road improvements. Upon completion and acceptance of the street improvements by the City,the developer shall receive reimbursement of those funds deposited in the account. The developer shall note that it is not the intent of the condition to accrue the full cost of the street prior to its construction. This condition shall be stated on the recorded map and noted in the title report prepared for the sale of any lot. Noncompliance with this provision shall not nullify or affect the fee-payment requirement. *10. The developer shall cause the dedication of right-of-way necessary to achieve a 48-foot half- section for Old Oregon Trail adjacent to the project frontage of the Tierra Oaks Planned Development and golf course from the point the realigned segment meets the existing street to the north project boundary. The right-of-way width may be reduced based upon a justifying traffic analysis approved by the Public Works Director. *11. Prior to issuance of the 130`h building permit as cumulatively totaled between PD-1-94 and PD-2-94, the project frontage of the Tierra Oaks Planned Development and golf course on Old Oregon Trail(Assessor's Parcel 306-560-30)from the point the realigned segment meets the existing street to the north project boundary shall be improved as follows: a. Vertical curb, gutter, and 5-foot-wide sidewalk on the west side of the right-of-way, unless deferred by the Public Works Director. b. Placement of road base, tie-in paving, street-widening on the east side, and necessary overlay to provide a uniform 36-foot-wide street section. c. Four-foot-wide graveled shoulder adjacent to the east side of the paved section. d. Necessary drainage facilities. e. Streetlights as per the standards of the City Electric Department. f. All striping, marking, and signing. Failure by Blackpointe Homes to construct the road improvements prior to the 130`h permit threshold will result in the withholding of building permits to Blackpointe Homes or any successor developer for any and all lots within the four production-home villages (Tivoli, Portofino,Tuscany,and Palermo)until such time as the road improvements are constructed and accepted by the City or until the City accepts a construction bond for the road improvements. The developer's failure to comply with the road-improvement requirement PD-1-94 • • March 23, 1998 Conditions of Approval Page 5 will not cause the withholding of a building permit for a custom home;however,all custom- home permits will be included in the cumulative permit count toward the 130`h permit threshold. *12. The developer/owner shall dedicate to the City a 15-foot-wide, public-service easement; install City-supplied, 6-inch electric conduit and substructures; and install developer- supplied,4-inch conduit and substructures along that portion of Old Oregon Trail improved with curb, gutter, and sidewalk. 13. a. Prior to recordation of any lot within the Tivoli, Portofino, or Tuscany Villages, a left- turn lane and acceleration/deceleration tapers shall be constructed in Old Oregon Trail, and the existing bridges across Moody Creek and Stillwater Creek shall be widened as necessary in accordance with the specifications of the City Public Works Director to provide a second access to the project at the intersection of Old Oregon Trail and Tierra Heights Drive. The Old Oregon Trail and bridge improvements may be constructed concurrently with interior subdivision improvements. b. All traffic related to the construction of subdivision improvements and homes within the Tivoli, Portofino, and Tuscany Villages shall utilize the southern access to the project. c. Prior to recordation of the 90`h lot as cumulatively totaled among the Tivoli, Portofino, and Tuscany Villages or at such time as Tierra Heights Drive is extended from the south into the Tuscany Village,the entrance/gate amenities at the Tierra Heights Drive entrance shall be installed. The gate shall be set back a minimum of 100 feet from Old Oregon Trail and be equal in design and function to the existing gate on La Crescenta Drive. d. Until such time as the southern gate is constructed, a temporary barricade shall be constructed at the south end of the existing Tierra Heights Drive to prohibit access to the existing 86-lot unit from the undeveloped property to the south. 14. DELETE. *15. The following conditions shall apply for future traffic improvements to the Oasis Road area. This condition and subconditions (a), (b), and (c) shall be recorded on the final map and noted in the title report prepared for the sale of any lot. Noncompliance with this provision shall not nullify or affect the requirements of the conditions noted below: a. The fee for street improvements shall be $453.25 for each single-family lot and shall he due upon issuance of a building permit. The fee shall be adjusted annually on July 1 in accordance with the Construction Cost Index as established by the Engineering News Record(ENR). b. Improvements to be funded by this fee include,but are not limited to,signalization at the Churn Creek Road/Oasis Road intersection and the reconstruction of the Oasis Road/Interstate 5 interchange. PD-1-94 • • March 23, 1998 Conditions of Approval Page 6 c. In the event a formal benefit district is established by the City Council for traffic improvements associated with Oasis Road,the benefit district fee shall prevail over the fee established by this condition. *16. This project will be required to provide school bus stop area(s) and/or turnout(s) if and as required by the Gateway Union School District. The location,design, and improvement of said areas shall be reviewed and approved by the Gateway School District and Public Works Department. 17. Public-service easements shall be dedicated adjacent to all streets as required by the Public Works Department. 18. The developer is responsible for installation of all street signing, striping, guardrail, barricades, and any other traffic-delineation or safety devices. 19. Acquisition of all off-site interests in title or easements necessary to satisfy the requirements of the subdivision approval shall be the responsibility of the developer. In the event the developer is unable to acquire such interests,the developer may petition the City Council for adoption of a resolution initiating eminent domain proceedings over the lands needed for the off-site improvements. The developer shall bear all costs for such proceedings, including attorney fees, court costs, and land-value cost. Sewer, Water, and Utilities 20. Water service is to be provided throughout the subdivision in accordance with the specifications of the Bella Vista Water District and the City Public Works Department. A "will serve" commitment shall be secured from the Bella Vista Water District prior to recordation of any final map. 21. On-site and street-side fire hydrants are to be installed in accordance with the Uniform Fire Code in locations approved by the City Fire Marshal. The hydrants shall have a water source meeting ISO and City of Redding fire-flow standards. In no case shall the water mains be less than 6 inches. If a hydrant is located on private property, adequate access shall be provided to and around the hydrant as determined by the Fire Marshal. 22. The developer shall be responsible for any height adjustment or relocation of existing utility poles necessitated by lot or street construction. The subdivision improvement plans shall be subject to approval by the utility provider. 23. Access shall be provided to the existing overhead utility infrastructure from the new streets in accordance with the specification of the utility provider. 24. The existing City of Redding overhead electric line serving the existing residential unit and the golf course shall be placed underground or removed upon provision of alternative services. PD-1-94 • • March 23, 1998 Conditions of Approval Page 7 25. Electric-supply facilities shall be furnished and installed in accordance with the Electric Utility Service Policy Resolution currently in effect at the time the electric-service plan for the project is signed by the City Electric Department. 26. The developer shall consult with the Electric Department after the initial review by the Public Works Department of the improvement plans for preparation of an electric-service plan. A copy of the electric-service plan, developed by the Electric Department, shall be incorporated into the final improvement plans. 27. The developer shall reimburse the Redding Electric Utility for all costs associated with the relocation or modification of City facilities necessitated by the construction of improvements required as a condition of the approval of this project. Drainage 28. The developer shall design and incorporate into the site development on-site, storm-water detention and sedimentation basins. The size and outlets of the basins shall be designed to ensure that the existing rate of runoff from the property is not exceeded during a 2,- 10-,25-, and 100-year peak event due to the project development. The hydraulic calculation and basin design shall be submitted to the Public Works Department in conjunction with the subdivision improvement plans. The detention facilities shall be designed and landscaped as part of the project amenities maintained by the homeowners' association. 29. All drainage outlets into a natural drainage course are to incorporate water-velocity attenuation devices,and/or filter strip,and/or sedimentation basin. The storm-drain outlets are to be extended so as to discharge into a defined channel; the developer shall cause the dedication of any off-site easements necessary to accommodate the extension. 30. The storm-drain outlet at Lots 21 and 22 within the Portofino Village shall be set back from the boundary ofthe Stillwater Creek floodplain as necessary to provide adequate storm-water velocity attenuation and filtration as determined by the City Public Works Department and Planning Division. 31. Storm-drain inlets shall not be allowed at the rear of any lots. The natural draws in the open space between the Tivoli and Portofino Villages shall be left open to maintain natural overland flow. Overland flow routes outside any lots shall be established for all sags in the street grade. Of note, Lots 27 and 28 in the Portofino Village may be required to be eliminated or relocated to preserve the natural drainage course and provide an overland flow in the street sag. 32. The natural drainage channel running through the Belleterre I Village shall not be piped, except for driveways. All homes on lots on which the channel is located shall have a finished-floor elevation 1 foot above the 100-year floodplain and be located a minimum of 50 feet from the channel. 33. The developer shall secure a Construction Activity Storm Water Permit from the State Regional Water Quality Control Board prior to construction of any subdivision phase. PD-1-94 • • March 23, 1998 Conditions of Approval Page 8 Fire Protection 34. Prior to recording the 25`h lot as totaled cumulatively in the Palermo and Belleterre I and II Villages,Alicia Parkway shall be extended to San Vincente Drive and improved with an all- weather surface at a width of 20 feet to the satisfaction of the Fire Marshal. 35. Prior to recording of the 25th lot as totaled cumulatively in the Tivoli and Portofino Villages, a 20-foot-wide, all-weather, emergency-access road shall be constructed to the southerly frontage of the project on Old Oregon Trail. The construction material, grade,and any gate shall be subject to approval by the City Fire Marshal prior to construction. 36. Upon recordation of each final map, the City Fire Marshal may require selective clearing within the open-space areas created with the map. Selective clearing consists of the removal of up to 75 percent of underbrush and the limbing of trees from the ground to a height of 8 feet. In areas of steep slope or near a watercourse, the clearing may be required by hand tools and small, rubber-tired equipment to prevent erosion. The cleared areas shall be immediately seeded and mulched. 37. The common open-space areas shall be maintained by the homeowners' association through periodic removal of combustible materials to ensure fire safety to the satisfaction of the City Fire Marshal. If the area is not adequately maintained, the City may maintain it at the property owners' expense. This provision shall be incorporated into the homeowners' association's documents of the planned development. 38. Fire-protection facilities, including all-weather access roads, shall be installed and remain serviceable prior to and during the time of house construction. 39. Brush piles created by site development will be abated prior to the fire season. 40. Class "A" roof coverings are required on all structures. Grading 41. Construction of lots shall not result in any cut slope or fill slope exceeding a vertical height of 6 feet and 10 feet,respectively,at the rear of a lot or a 5-foot vertical height between lots. Lot development necessitating a cut or fill exceeding these thresholds shall be addressed through split-level design,retaining walls,and raised stem walls. The grading plan for each subdivision phase shall clearly identify the depths of all lot cuts and fills and which lots may not be padded. The Development Services Director may allow a deviation from the maximum fill threshold for a higher slope required as a result of a draw transversing an area where the fill slope is otherwise conforming. 42. All exposed cut or fill slopes in a lot side yard exceeding a vertical height of 3 feet shall be landscaped and irrigated with construction of the house. Such landscape shall be ornamental; hydroseeding is not acceptable. PD-1-94 • • March 23, 1998 Conditions of Approval Page 9 43. Cut and fill slopes created by street or lot construction facing an open-space area or the golf course shall be improved with an irrigation system and landscaped with construction of the street or lot and thereafter maintained by the homeowners'association. All areas visible from a street or the golf course and a minimum of 50 percent of the total graded area shall be planted with irrigated trees, shrubbery, and ground covers; the remaining areas shall be hydroseeded with an ornamental seed mix. Certain slopes may not be required to be landscaped where determined to be compatible with existing terrain and flora. Landscape plans shall be approved with final plan review. 44. The existing rough-graded roads running through the common open-space areas shall be reclaimed through grading to match existing natural topography,planting of native tree shrub species,and trail amenities,except those roads necessary for access to the existing overhead power lines. 45. Fill slopes shall be set back from the perimeter property line 1 foot for each foot of vertical height, but shall be set back no less than 5 feet. 46. Cut and fill slopes created by street or lot construction facing an open-space area or the golf course shall be designed to avoid an engineered appearance through application of varied slopes between 2:1 and 4:1,or greater ratio to accommodate landscape,with roundings at the top and toe. 47. Padding of an entire lot shall be prohibited in the Palermo and Belleterre Villages; lot grading in these villages is restricted to the building envelope, unless otherwise approved through a City of Redding grading permit. 48. Grading shall be of a scale such that the work can be completed in a single construction season and shall be limited to that area where house construction can be reasonably expected to occur within the same 12-month period in which the grading occurred. Installation of erosion- and sediment-control measures shall be coordinated with the sequence of grading and development so as to be in place prior to October 15 of any year. 49. All exposed slopes adjacent to a street shall be landscaped or hydroseeded to prevent erosion onto sidewalks. 50. All fill slopes creating an embankment adjacent to an open-space easement or natural drainage course shall include a berm at the top of the fill to catch and direct runoff to a point of discharge improved with a water-velocity-attenuation device. 51. The developer shall note that upon review of final improvement and grading plans through the final plan review required by the City's Planned Development Ordinance, lots may be relocated or eliminated to satisfy the grading and drainage parameters established by these conditions. 52. The developer or his agent shall acquire any necessary permit from the Department of Fish and Game for altering or working within any existing natural drainage course prior to the commencement of grading. PD-1-94 • • March 23, 1998 Conditions of Approval Page 10 53. The developer shall mitigate the loss of any jurisdictional waters of the U.S. as identified on the reconnaissance level evaluation submitted in conjunction with the application due to project construction. Mitigation shall be through the creation of on-or off-site wetlands or purchase of off-site wetland credits at a loss-to-creation ratio of no less than 1:1. The on-or off-site creation of wetlands shall meet the performance standards identified in the project negative declaration. Any necessary permits or approval from the Army Corps of Engineers for implementation of these mitigations shall be secured by the developer. *54. The following data shall appear on the final map: a. The limits of the area subject to inundation during a 100-year flood. b. The water-surface elevation of the 100-year flood within the project limits. Planned Development Requirements and Site Design 55. Final plans shall be approved by the Board of Administrative Review prior to recording a final map. These plans shall consist of a final map; conditions, covenants, and restrictions (CC&Rs); and development details for grading, drainage, landscape, fencing, the trail system,monumented entrance amenities,stfeetlighting,architectural standards,and common recreation amenities. Notwithstanding the preceding, any of the homes that, in the opinion of the Board of Administrative Review, substantially comply with the floor plans and elevations described in Exhibit "B" shall be deemed approved. 56. Individual building-site development shall meet the following standards: a. The architecture of the homes shall be in substantial conformance with the floor plans and building elevations submitted with the application labeled Exhibit "B." Exterior building materials, colors, front doors and entries, windows, and other exterior architectural treatments shall be approved by the Board of Administrative Review through final plan review. b. Home sizes on the Belleterre I and II lots shall be in conformance with the CC&Rs of Unit 3; the home sizes in the other villages shall be consistent with Exhibit "B" with a minimum of 1,600 square feet, excluding garages. c. Identical front-building elevations may not be constructed on adjacent lots,and no more than 2 of the same home models may be constructed adjacent to one another. d. A minimum 120-square-foot, covered, rear-yard patio shall be integrated into the floor plan of every home. e. In the Tivoli, Portofino, and Tuscany Villages, front-yard setbacks shall be provided in a range between 20 and 35 feet to break up streetscape monotony. In the Palermo and Belleterre Villages, front-yard setbacks shall range between 30 and 45 feet. f. In the Tivoli, Portofino, and Tuscany Villages,the minimum side-yard setback shall be 5 feet with a minimum separation between houses of 15 feet and minimum setback of 5 PD-1-94 • • March 23, 1998 Conditions of Approval Page 11 feet from the toe or top of any cut or fill slope. In the Palermo and Belleterre Villages, the minimum side-yard setback and distance between houses shall be 10 feet and 25 feet, respectively. g. All roofing material shall conform to the CC&Rs of Unit 3. h. All retaining walls that can be viewed from the street,golf course,or adjoining lot shall be of decorative masonry material compatible with the architecture of the house. i. All rear-yard or perimeter property-line fencing shall be of heavy-post and metal-rail design. All fencing shall be approved by the City through final plan review. j. All front yards, and side-yard slopes greater than 3 feet in vertical height, shall be landscaped prior to occupancy ofthe residence,excepting custom homes in the Belleterre Villages. k. Roof-mounted heating and air-conditioning equipment is prohibited. 57. A minimum of 20 percent of the homes fronting Tierra Heights Drive in the Tivoli Village shall have a side-entry garage;a minimum of 20 percent of the homes in the Palermo Village shall have a side-entry garage; all homes in the Belleterre Villages shall have a side-entry garage. 58. The minimum lot width at the streets within the Tivoli and Portofino Villages shall be 70 feet (excepting flag lots); the minimum lot width at the street within the Tuscany Village shall be 60 feet. 59. The project amenity package shall consist of and be installed in accordance with the following: a. Monumented entrances at each village: Installed with street construction. b. Clubhouse and pool: Constructed prior to issuance of the 80th building permit as cumulatively totaled among the Tivoli, Tuscany, Portofino,and Palermo Villages. The clubhouse and pool shall be a minimum of 1,500 square feet and 800 square feet, respectively. c. North park: Upon recordation of 40 lots in the Tuscany Village. d. South park: Upon recordation of 70 lots as cumulatively totaled between the Tivoli and Portofino Villages. e. Trails: The trail shall be completed within each recorded phase. A master trail plan, consisting of trail alignments, surface material, width, and amenities (e.g., benches, trees), shall be approved through final plan review. PD-1-94 • • March 23, 1998 Conditions of Approval Page 12 60. A 50 percent credit toward the City in-lieu park fee shall be granted upon construction of the tennis court, clubhouse/swimming pool, or either park site. Full fees shall be paid for any lots recorded prior to development of any of these amenities. The allowed credit shall not be retroactive. 61. The Tivoli park shall provide passive (e.g., picnic area) recreation opportunities and the Tuscany park active(e.g.,playground equipment)opportunities. Both parks shall incorporate irrigated turf areas and intensive tree-planting. Parking facilities shall be provided for the parks. 62. The homeowners' association shall maintain all street-parkway landscape and village- entrance landscape. 63. The open space between the project's west property line and the Tivoli Village lots shall have a minimum width of 30 feet. 64. Outside recreational-vehicle and boat parking shall be prohibited through the CC&Rs. The homeowners' association may construct a common recreational-vehicle parking area; the location, design, and screening shall be suEject to approval by the Planning Division. 65. All required tree-planting (i.e., individual lot landscape, village entrances, park sites, slope treatments, trail amenities, clubhouse/tennis court landscape) shall be a mix of 5-gallon, 15-gallon,and 24-inch-box container size (bare root may be utilized). The appropriate size will be determined during final plan review based upon visibility and function of the planting. 66. Mailbox clusters shall receive a distinctive architectural treatment in harmony with the architectural theme of the village in which the cluster is located. 67. The homeowners'association documents shall include a requirement that all lots within the development contribute a proportionate share to the maintenance and repair fund for Tierra Heights Drive and La Crescenta Drive. 68. A recreation-vehicle and boat-storage area, providing a minimum of 20 spaces at 10 feet wide and ranging from 25 to 30 feet deep and necessary access shall be constructed with the first phase of subdivision improvements. The storage area shall be paved, aesthetically screened,and provided with water,a sewer connection, and power outlet. The storage-area location and appropriate screening and landscaping plans shall be approved through final plan review. 69. A fee of$1,100 per lot shall be paid to the City of Redding at the time of issuance of a building permit to be placed in a fund solely for the purpose of financing the future Upper and Middle Stillwater Creek gravity sewer trunk lines necessary to serve the Tierra Oaks project. This fee shall be adjusted annually on July 1 of each year in accordance with the Construction Cost Index(CCI)as established in the Engineering News Record. In the event any portion of the Tierra Oaks Planned Development is included in a future assessment district established by the City Council for the Stillwater Creek sewer trunk lines, the PD-1-94 • • March 23, 1998 Conditions of Approval Page 13 assessment district fee shall prevail over the fee established by this condition, but lots for which a fee has been paid pursuant to this condition shall receive a credit against any assessment of the amount of the fee paid. 70. With construction of subdivision improvements within the first phase of the Portofino Village,the developer shall identify the common property line between the subdivision and the rock altar parcel and provide the material for construction of three-strand, non-barbed- wire fence on the common boundary;labor for construction of the fence is to be provided by others. The developer may assume responsibility for construction of an alternative fence type if approved during final plan review. • 0 In the Superior Court of the State of California in and for the County of Shasta CERTIFICATE OF PUBLICATION ORDINANCE NO.2212 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RED- DING AMENDING SECTION 18.06.020 OF THE REDDING MU- NICIPAL CODE RELATING TO THE REZONING OF CERTAIN No. 2212 REAL PROPERTY IN THE CITY OF REDDING(PD-1-94). The City Council of the City of Redding does ordain as follows: Section 1. That the boundaries of the districts referred to in Public Notice Section 18.06.020 of the Redding Municipal Code,as designated on a map entitled"Zoning Map of the City of Redding,Califor- ma," dated March 19, 1956,are hereby altered as set forth on City of Redding the map attached hereto and made a part hereof by: REZONING: An amendment to the Tierra Oaks Estates Planned Development PD-1-94 as shown on the map attached hereto as Exhibit A and made a part hereof State of California by reference County of Shasta f WA,V../1,'3 4 L9BStEdVSY - B661./6d6o n kup!say OOO OO OO O OOO ealA aalgsy',401:00 V ur t7 ' Ale2LL-Lac (916) WO esagd illoa o;Apeaa Si -0 iii' 'yo i 'CZ pal}lsseo 'Ham se noA I hereby certify that the Record Searchlight is a am•aw,ei,es Rs'agerul pee woul4160"•r tww>mul dlay two am 'pas o; newspaper of general circulation within the provisions PpieQe4pt 41 air.= Bu!uueld aa,noA 1! pud pat of the Government Code of the State of California, ,L1 slapow ;sa;el ay; lie printed and published in the City of Redding,County Porces ea Ian po„�N Gmelel' 'o P.,1-., uo uoi;ewao}ui a;ep-o; of Shasta, State of California;that I am the principal � WINscuu -dn;sow ay;noA Buyq 4 maim. . i o;panlosaa aa,aM Ryas clerk of the printer of said newspaper;that the notice nisi"°"s"' pail., o ssa,me D Irmo, sq s,aaAlap ay; ui >peq Moo tol M epos 'cove= of which the annexed clipping is a true printed copy .a4,,,A.,„„ t,deyj w noA Ind ue3 paillssel3 P Maw ase aa;ngp A was published in said newspaper on the following I awe roea�rvel�pyo 1.1e3 plo anoA;no uaoM jZi'o „1 ,PqacM JBOA Mau aayoue saildates,to wit; w we iepu4 wa a«a uI .tele s#4 ebi+.sra cp 01p www-elxs 00000000000 klx0 P11elzj 64 p ZOLS Lcs eS u p©lmde*leg eaves o uap uesa AprilAril 15, 1998. ,' -.0 szsz svz w-lumulplxiDI�r�ey. swab awp itwp c pjj paw LnoA Has of a0eld e uo uvep'pap sJeaseo a wawa 1e8,6 8 OJe SG3HISSV13 IW eaetrul a4 tawn 4 iolppe 4 LE 896'54 1$ s qey,o COON I certify under penalty of perjury that the foregoing mgR:"° pa su�;., 9ZL£8£4 8661.GL IJdV p'4mo:a agmosee,P.poe eq GI r6Z'ZZ'Sl ludo is true and correct,at Redding,California on the wadoxi�i P suo!ssajojd pie ssau sng MIL ,ayals'Auok'uxaE,sep '•AP NI P;room ion bas wu« la 00441 uo!Oa5 aasl uauwoo Jean pe maw,Awci d noel uoW WOO JO 'ale's 'leiapaf e4 p eseupelodq Ae,,,D,Aypty iepun Jagioue Jo sig6u ow 15th dayof April, 1998. �KJ l peiBsPail'13 0Cn Jo u0!ielO!A to aweN ssauisng P Le6t aaatpai d aaly snomp!A a to ale's s!ql u!asn �� /de 'e i getiad lea,etg p Sus eqt azuoyine lies'!;o lou saop !%`���' �C�. Awja.iculuawaieis s!yl ;o Buil!I aglI / Nrodod u�p Pet hp cowl pas 'amp ie of i' LE peooeep Nine WOW Jeb pow), Loud pew aq isnw wawaiels -en 1 ueueal akre Pie AtwO aweN ssau!sng sno!$7O!d Mau pus a paer@a/yrdod D qi ;o aO!)}o Signature o a�O, a u!p A'uno a g Weal�� iPPieew MO, aqi u!palg sew 41 aiep out woJI ielS p'IpaRrl RIp,w, Fowl sieaA 8ng sai!dxa luawaieis u yas p awl as Is ga9AFxf) I aweN sno!i!1O!., s!ql RECORD SEARCHLIGHT n}"CM IS><IB4aJoiic!c*eapndle 8DIlON +rte iTFi 'sxx leasg A p .anpgedwetsal9 1101 Twin View Blvd., California 96003 A'+'pa g parvo! u! ale uo Alunop Redding, a mums ueiEm i elseys ;i H,alo AlunOD vagi