HomeMy WebLinkAboutOrd 2056 - Approve and Authorize the mayor to execute the Development agreement between the COR and Oak Meadow Estates, A limited Partnership i
ORDINANCE NO. �05Co
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF REDDING AND
OAK MEADOW ESTATES, A LIMITED PARTNERSHIP.
The City Council of the City of Redding does hereby ordain
as follows:
Section 1. That the City of Redding enter into the
Development Agreement [a copy of which is attached hereto and
incorporated herein by reference] with OAK MEADOW ESTATES, a Limited
Partnership, the provisions of which are consistent with the
General Plan and any applicable specific plan.
Section 2. That the Mayor of the City of Redding is
hereby authorized, empowered, and directed to execute said
Development Agreement for and on behalf of the City Council of
the City of Redding; and the City Clerk is hereby authorized and
directed to attest the signature of the Mayor and to impress the
official seal of the City of Redding thereto.
Section 3. That this Ordinance shall take effect 30 days
after the date of its adoption.
Section 4. That the City Clerk shall:
1. Certify to the adoption of this Ordinance and cause its
publication according to law;
2. Within 10 days after the City enters into the Development
Agreement, record the Agreement with the Shasta County
Assessor/Recorder;
3 . If the parties to the Agreement or their successors-in-
interest amend or cancel the Agreement as provided in
Government Code Section 65868, or if the City terminates or
modifies the Agreement as provided in Government Code N
C
Section 65865. 1 for failure of the applicant to comply in
good faith with the terms or conditions of the Agreement,
record a notice of such action with the Shasta County
Assessor/Recorder.
I HEREBY CERTIFY that the foregoing Ordinance was introduced
and read at a regular meeting of the City Council of the City of
Redding on the 17th day of August , 1993 , and was duly read and
adopted on the 7th day of Septembev 1993 , at a regular meeting of
the City Council by the following vote:
AYES: COUNCIL MEMBERS: Anderson, Dahl, Kehoe, Moss and Arness
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
CARL ARNESS, Mayor
City of Redding
A%ST:
zz
CONNIE STROHMAYER, ty Clerk
FO APPRO ED:
RANDALL . HAYS, City Attorney
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DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT is entered into as of the day of , 19_, by and
among the CITY OF REDDING, a municipal corporation organized and existing under the laws
of the State of California ("City"), and Oak Meadow Estates, General Partnership (OME).
This development agreement is entered into on the basis of the following facts, understandings,
and intentions of the parties:
A. California Government Code Sections 65864 to 65869.5 authorize City to enter into binding
development agreements for the development of real property within its jurisdiction with
persons having legal or equitable interests in such real property.
B. Pursuant to Government Code Section 65865, City has adopted its Resolution No. 81-87,
establishing procedures and requirements for consideration of such development agreements.
C. As of the execution of this Agreement, OME holds title to real property located within City and
more particularly described in Exhibit "A" attached hereto as ("Property").
D. On July 23, 1991, the Planning Commission of City unanimously granted permission to
subdivide Property into a maximum of 380 lots known as Oak Meadow Estates Subdivision
(S-2-91). Attached hereto as Exhibit "B" is a location map of the Property. Attached as
Exhibit "C" is a map depicting the adopted General Plan designations for the area. Attached
hereto as Exhibit "D" is the Tentative Subdivision Map of S-2-91. Attached hereto as Exhibit
"E" are the conditions of approval of S-2-91. The construction of the subdivision is referred
to herein as the Subdivision. Approval of the subdivision was subject to the provision of
access along the planned alignments of Shasta View Drive and Venus Way and the
relocation of Clover Creek, hereafter called "subdivision improvements."
E. OME desires to obtain the binding agreement of the City for the term of this Agreement to
allow it to proceed with the development of the Property as set forth in the conditions of
approval, this Development Agreement, and in accordance with the City's rules, regulations,
and official policies concerning permitted land uses, density, design, improvement and
construction standards, specifications enforced at the time of this Agreement, and without
requiring OME to construct public improvements, make financial contributions, except as
noted to City, or participate in proposed assessment districts, except as expressly set forth
in this Agreement.
F. The City desires to obtain the binding agreement of OME with respect to certain public
improvements and the phasing of the Subdivision according to progress on certain of the
public improvements.
G. OME has applied to City, pursuant to California Government Code Sections 65864 to 65869.5
and City's Resolution No. 81-87 for approval of the Development Agreement providing for the
binding agreements desired by the parties hereto. City's Planning Commission and City
Council have given notice of intention to adopt the proposed Development Agreement, have
conducted public hearings thereon pursuant to Government Code Section 65867 and City's
Resolution No. 81-87, and have found that the provisions of said Development Agreement
are consistent with City's general plan and any applicable specific plan.
H. On 19_, City Council adopted its Ordinance No. , approving said
Development Agreement, and said Ordinance is to become effective on
19
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained
herein and other good and valuable consideration, receipt of which is hereby acknowledged,
the parties do hereby agree as follows:
1. Oak Meadow Estates, G.P. Represents to the City that it owns the Property in fee, as
of the execution of the Agreement.
2. Effectiveness. This Development Agreement shall be dated, and the obligations of the
parties hereunder shall be effective, as of the execution of the Agreement by all parties.
3. Binding Effect. This Agreement, and all of the terms and conditions hereof, shall be
binding upon and shall inure to the benefit of the parties and their respective assigns,
heirs, or other successors in interest.
4. Construction of project. Construction of the project shall be governed by this
Paragraph 4.
a. Development of the subdivision shall be in harmony with the provisions of this
Development Agreement and the conditions of approval attached hereto as
Exhibit "E" and the time lines established by the Subdivision Map Act.
b. Promptly upon completion of the subdivision improvements, in conformance with the
approved plan and the City of Redding Construction Standards and Standard
Specifications for Public Works Construction, City shall execute, acknowledge, record,
and deliver a certified copy to OME of an instrument certifying to such completion.
Said instrument shall constitute a conclusive determination that OME's obligations
under this agreement have been fulfilled with respect to the subdivision
improvements.
c. OME shall be responsible for the following subdivision improvements and/or the
formation of an assessment district for the construction of said improvements.
Shasta View Drive
The construction of approximately 3,700 lineal feet of road improvements including
earthwork, asphalt paving, curb and gutter; sidewalk, drainage, and all necessary
appurtenances, including right-of-way landscaping. The timing of construction shall
be as delineated in Exhibit "E."
Venus Way
The construction of approximately 2,000 lineal feet of road improvements including
earthwork, asphalt paving, curb and gutter, multiple-box culvert, drainage, and all
necessary appurtenances, including right-of-way landscaping. The timing of
construction shall be as delineated in Exhibit "E."
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Clover Creek Channel
The improvement of approximately 3,200 lineal feet of drainage way to contain the
100-year storm event;the construction of a ten-foot-wide bicycle/pedestrian trail within
the channel and the revegetation of the channel area as delineated in Exhibit "E."
In-tract Subdivision Improvements
The construction of approximately 18,000 lineal feet of road improvements which
include earthwork, asphalt paving, curb and gutter, sidewalk, drainage, and all
necessary appurtenances required for the development of the subdivision as indicated
on the tentative map (Exhibit "D").
5. Building Permits and Occupancy Certificates. City agrees to issue to OME, or its
successor in interest, upon proper application therefor, all necessary building permits,
occupancy certificates, or other required permits for the construction, use,and occupancy
of residences to be constructed on the lots in the project, subject to (a) compliance with
this Agreement, with the conditions of the tentative map, and with the City's Building
Code requirements in force as of the date of the application for said building permits;
(b) payment of the City's usual and customary fees and charges for such applications,
permits, and certificates, and any utility connection, zone of benefit, or similar fees and
charges of general application, except those listed below; and (c) meeting all statutory
time lines and recording of final maps to create parcels proposed to be developed.
6. Hold Harmless. Owner agrees to and shall hold City, its officers, agents, employees,
and representatives, harmless from liability for damage or claims for damage for personal
injury, including death, and claims for property damage which may arise from the direct
or indirect operations of Owner or its contractors, subcontractors, agents, employees, or
other persons acting on its behalf in relation to the project. This hold harmless
agreement applies to all damages and claims for damages suffered or alleged to have
been suffered by reason of the operations referred to in this paragraph, regardless of
whether or not City prepared, supplied, or approved plans or specifications or both, and
regardless of whether or not the insurance policies referred to in Paragraph 8 are
applicable.
7. Court Action. The provisions of this Paragraph 7 shall apply in the event any court
action or proceeding is brought by any person to challenge the statutory authority for this
Agreement, or any building permit or other permit or approval required from City or any
other governmental entity for construction of the project or any portion thereof, and
without regard to whether or not OME is party to said action or proceeding. However,
once a final map for any unit is recorded, the terms and objectives of this Agreement
shall not be avoided by OME if the Agreement is subsequently terminated or deferred,
but instead they will survive.
a. Right to Terminate Agreement. In the event of such an action or proceeding, OME
shall have the right to terminate this Agreement upon thirty (30) days' notice in writing
to City given at any time during the pendency of such action or proceeding or within
ninety (90) days of the final determination thereof, irrespective of the nature of such
determination.
3
b. Right to Defer Construction. In the event OME has not exercised its right to
terminate this Agreement, it shall not be obligated during the pendency of any such
action or proceeding to commence construction hereunder or to proceed with
construction previously commenced; and the time during which such action or
proceeding is pending shall be disregarded for purposes of determining the periods
of time within which OME is required to commence or complete construction of the
project.
8. Insurance. Before beginning work on the project, OME shall cause the insurance
required under this paragraph to be issued and thereafter to be maintained during the
term of this Agreement. Said insurance shall extend to City, its elective and appointive
board, commissions, officers, agents, employees, and representatives, and to OME and
each contractor and subcontractor performing work on the project.
Said insurance shall include:
a. Compensation Insurance. Workers' Compensation insurance for all persons
employed on the project site and for all employees of each contractor and
subcontractor. OME agrees to indemnify City, its officers, agents, employees, and
representatives, for any damage resulting from failure to take out and maintain such
insurance.
b. Public Liability and Property Damage Insurance. Public liability insurance in an
amount of not less than Three Million Dollars ($3,000,000.00) for injuries, including
death, to any one person and subject to the same limit for each person, in an amount
of not less than Three Million Dollars ($3,000,000.00) on account of any one
occurrence and for property damage in the amount of not less than One Million
Dollars ($1,000,000.00) on account of any one occurrence.
9. Specific Restrictions on Development. In addition to zoning classification, the
following specific restrictions shall also govern the use of the Property:
Permitted Uses. The Property may be used only for such uses and purposes as are
permitted under this Agreement and in accordance with the provisions of the General
Plan with the approved tentative maps and with the zoning applicable to the Property as
of the date of this Agreement.
10. Dedications. Livingston shall dedicate to the City right-of-way for Shasta View Drive
adjacent to the subdivision S-2-91 as set forth in Exhibit "E." Except as set forth in this
Paragraph 10, in Exhibit "E," or in Paragraph 4 of this Agreement, no dedications or
reservations of the Property, or any portion thereof or interest therein, or of any other
property, shall be required by City in connection with the development, construction, use,
or operation of the Property and the project in accordance with this Agreement.
11. Public Improvements. Except as set forth in Tentative Map S-2-91 and Paragraphs 4
and 5 of this Agreement, OME shall not be required to construct or to contribute funds
to City in lieu of the construction of any public improvement, facility, or service. The City,
in consideration of the construction of improvements by OME as set forth in this
Agreement, shall impose no further conditions on OME, or its successors in interest, for
subdivision improvements.
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12. Effect of Agreement. The rules, regulations, and official policies governing the project,
the permitted uses of the Property, the density of said uses, and the design,
improvement, and construction standards and specification applicable to development of
the Property shall be those rules, regulations, and official policies of City in force as of
the execution of this Agreement; provided, however, that (1) nothing herein shall prevent
City in subsequent actions applicable to the Property from applying new rules,
regulations, and policies not in conflict with such rules, regulations, and policies
applicable to the Property as set forth herein, and not inconsistent with the purposes, or
with any of the terms or conditions of this Agreement, including but not limited to
Paragraphs 10 and 11 hereof; (2) nothing herein shall prevent City from requiring
compliance with City's fire codes and ordinances, and City's health and safety codes and
ordinances, in effect from time to time, to the same extent and on the same terms and
conditions as is required of similar properties within City. This Agreement shall not
prevent City from denying or from conditionally approving any development application
for any subsequent project on the basis of existing or new rules, regulations, and policies.
13. Cancellation. Except as expressly to the contrary provided in Paragraph 7, this
Agreement may be cancelled only by mutual consent of the parties and in the manner
provided for in the Government Code Section 65868 and City's Resolution No. 81-87
14. Enforcement Provision. Unless amended, cancelled, or terminated as provided in
Paragraphs 7 or 14 above, this Agreement shall be enforceable according to its terms,
notwithstanding any change in City's applicable general or specific plan, zoning,
subdivision, or building regulations which alters or amends City's rules, regulations, or
policies governing permitted uses of the property, density, design, improvement, and
construction standards and specifications.
15. Default by OME.
a. Determined by City. A party shall be in default under this Agreement upon finding
and determination by City made after periodic review as provided in Government
Code Section 65865.1 and Paragraph 13 hereinabove, and on the basis of substantial
evidence, that OME has not complied in good faith with any of the terms or conditions
of this Agreement. The parties hereto shall not be excused from performance hereof
because of any failure or performance by any third party, nor by adoption of any law
or any other governmental activity (unless the same be in violation of this Agreement)
which makes performance more difficult or more expensive.
b. Termination or Modification for Default. In the event of a default by OME, City
may terminate or modify this Agreement in whole or in part in accordance with
Government Code Section 65865.1 and the procedure in City's Resolution No. 81-87.
City's failure to modify or terminate the Agreement after finding a default pursuant to
Subsection (a) of this Paragraph 16 shall not constitute a waiver of such default by
City.
16. Remedies for Default. In the event of default by any party hereunder, a nondefaulting
party shall have available all remedies at law or in equity not otherwise provided for
herein, which remedies shall include, by way of illustration but not limitation, suits for
injunctive or declaratory relief, specific performance, relief in the nature of mandamus,
5
or actions for damages. All of said remedies shall be cumulative and not exclusive of
one another, and the exercise of any one or more of said remedies shall not constitute
a waiver or election with respect to any other available remedy.
17. Litigation Expenses. If a legal action or proceeding is brought by any parry because
of default under this Agreement, or to enforce a provision thereof, the prevailing party
therein shall be entitled, in addition to any other relief, to recover reasonable attorneys'
fees and court costs from the losing party as determined by the court in which said action
or proceeding is pending.
18. Superseding State or Federal Law. In the event that any state or federal law or
regulation enacted or adopted after the date of this Agreement, or other action of any
governmental entity not under the control of City, shall prevent or preclude compliance
with any of the provisions hereof, such provisions shall be modified or suspended only
to the extent and for the time necessary to achieve compliance with said law, regulation,
or other governmental action, and the remaining provisions of this Agreement shall be
in full force and effect. Upon repeal of said law, regulation, or other governmental action,
or occurrence of other circumstances removing the effect thereof upon this Agreement,
the provisions hereof shall be restored to their full original effect.
19. Notices. All notices required or provided for under this Agreement shall be in writing,
shall be delivered in person or by certified mail, postage prepaid, addressed to the
parties as follows:
City: Director
City of Redding
Department of Planning and Community Development
760 Parkview Avenue
Redding, CA 96001
Developers: Oak Meadow Estates, G.P.
2576 Hartnell Avenue, Suite 9
Redding, CA 96002
Any notice so delivered shall be effective upon the date of personal delivery or, in the
case of mailing, on the date of delivery or attempted delivery as shown on the U. S.
Postal Service return receipt. Any party may change its address for notice by giving
ten (10) days' notice of such change in the manner provided for in this paragraph.
20. Term of Agreement. The term of this Agreement shall commence on the effective date
of this Agreement, as above-referenced, and shall continue until the City accepts the
improvements as provided in Paragraph 4.c.
21. Miscellaneous.
a. Construction. As used in the Agreement, and as the context may require, the
singular includes the plural and vice versa, and the masculine gender includes the
feminine and neuter and vice versa.
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b. Severability. If any Partof this Agreement is
held invalid the remaining terms and
conditions shall not be affected unless their enforcement under the circumstances
would be unreasonable, inequitable, or otherwise frustrate the purposes of the
Agreement.
c. Recordation. Upon execution of this Agreement, City shall promptly arrange for its
recordation as provided in Government Code Section 65868.5. City and Owner shall
each pay fifty (50) percent of the costs of recordation if there are any applicable.
d. Captions and References. The captions of the paragraphs and subparagraphs of
this Agreement are solely for convenience of reference, and shall be disregarded in
the construction and interpretation of this Agreement. Reference herein to a
paragraph, subparagraph, or exhibit are to the paragraphs, subparagraphs, and
exhibits of this Agreement.
e. Time. Time is of the essence of this Agreement and of each and every term and
condition hereof.
f. Exhibits. The following exhibits to which reference is made in this Agreement are
deemed incorporated herein in their entirety:
Exhibit "A" - Legal description of Owner's parcels
Exhibit "B" - Location map of Property
Exhibit "C" - Map depicting adopted General Plan designations for area
Exhibit "Y - Tentative Subdivision Map S-2-91
Exhibit "E" - Conditions of Approval of Subdivision S-2-91
g. Signature Pages. For convenience, the parties may execute and acknowledge this
Agreement on separate signature pages which,when attached hereto,shall constitute
this as one complete Agreement.
PRWAGRMNTIOME.AGR
7
SIGNATURE PAGE TO DEVELOPMENT AGREEMENT DATED 19_, BETWEEN
THE CITY OF REDDING AND OAK MEADOW ESTATES, GENERAL PARTNERSHIP:
CITY OF REDDING
By:
, Mayor
OAK MEADOW ESTATES,GENERAL PARTNERSHIP
By:
By:
ATTEST:
CONNIE STROHMAYER, City Clerk
FORM APPROVED:
RANDALL A. HAYS, City Attorney
PROJWGRMMIOME.AGR
8
EXHIBIT "A"
OAK MEADOW ESTATES
This portion of the Southeast one-quarter of Section 9, Township 31 North, Range 4 West,
M.D.M., in the County of Shasta, State of California, described as follows:
COMMENCING at the center of said Section 9 as shown on the map recorded in Book 12,
Page 43 of Maps in the Office of the County Recorder of said county; thence, along the North line
of said Southeast one-quarter, North 89040'59" East, 78.77 feet to the true point of beginning of
this description; thence, continuing along said North line, North 89°40'59" East, 2577.54 feet to
the East one-quarter corner of said Section 9; thence, along the East line of said Southeast one-
quarter, South 0019'14" East, 2646.91 feet to the Southeast corner of said Section 9; thence
along the South line of said Southeast one-quarter, North 89025'22" West, 2576.52 feet to a point
that is 78.78 feet Easterly of the South one-quarter corner of said Section 9, as shown on said
map; thence, North 01120'59" West, 2606.70 feet to the true point of beginning.
EXCEPTING THEREFROM that portion of land granted to Enterprise Public Utility District, a
public utility district, by instrument recorded April 18, 1963, Book 741, Page 244 of Official
Records in said Recorder's Office.
ALSO EXCEPTING THEREFROM that portion conveyed to the Enterprise Public Utility District
by deed dated March 23, 1966, and recorded April 19, 1966, Book 877, Page 570, Official
Records.
ALSO EXCEPTING THEREFROM Parcels A, B, and C as shown upon parcel map for Walter
Potter Estate, being a portion of Section 9, Township 31 North, Range 4 West, M.D.M., and filed
for record in the office of the County Recorder on November 3, 1977, in Book 13 of Parcel Maps
at Page 123, Shasta County Records.
ALSO EXCEPTING THEREFROM that portion conveyed to the City of Redding by Deed dated
December 2, 1986, and recorded December 16, 1986, in Book 2277 of Official Records at
Page 863, Shasta County Records.
ALSO EXCEPTING THEREFROM that portion as shown upon the subdivision map for Potter
Manor, being a portion of Section 9, Township 31 North, Range 4 West, M.D.M., and filed for
record in the Office of the County Recorder on July 9, 1993, in Book 21 of Maps at Page 18,
Shasta County Records.
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• EXHIBIT "E"
December 10, 1991
S-2-91
Oak Meadow Estates (formerly Potter Ranch)
Conditions of Approval
General Requirements
1. The standard conditions for subdivisions delineated in Resolution 89-85
shall be met.
2. Without a transfer of density from Potter Manor Subdivision (S-7-91) , the
property shall be limited to 375 lots. With a density transfer, the
maximum number of lots shall be 380.
3. No unit or phase shall be recorded unless it is contiguous to an improved
public street, and sewer and water utilities have been stubbed to the
property.
4. A noise analysis shall be submitted with each building permit application
for any lot abutting Shasta View Drive. The analysis shall outline
measures to achieve maximum interior noise levels of 40 dB in sleeping
quarters and 45 dB in other living areas. The analysis shall take into
consideration future traffic projections on Shasta View Drive.
5. A note shall be placed on the final map indicating that the City of Redding
may construct an electrical substation adjacent to the subdivision. The
owner shall record an agreement stipulating that he or his successors in
interest to Lots 9 through 18 in Unit 8 and Lots 14 through 17 in Unit 9
shall hold the City harmless from all impacts resulting from the
construction and operation of the facility.
6. The following requirements shall be met to mitigate the increase in air
pollution which will result from development of the project.
a. The developer shall construct a ten-foot-wide meandering
pedestrian/bike path along the Clover Creek realignment through the
entire subdivision property. The trail shall be paved with asphalt
concrete or Portland cement and shall meet the design criteria of the
Public Works Department.
b. Bus turnouts shall be provided for RABA service in locations approved
by the Public Works Department.
7. The development is within the Clover Creek Sewer Assessment District.
Submit proof to the Public Works Department from the Treasurer's Office
that the assessment bonds have been paid off or submit a letter from the
office stating segregation has been applied for and completed prior to
recording the final map.
8. The finished-floor elevation for all residences shall be a minimum of one
foot above the base-flood elevation and shall be verified by a registered
engineer or licensed surveyor prior to issuance of a building permit.
S-2-91/Oak Meadow Estates (formerly Potter Ranch) December 10, 1991
Conditions of Approval
Page 2
Clover Creek Improvements
9. The realigned Clover Creek channel shall be dedicated to the City of
Redding for floodplain, urban-trail , and open-space purposes. The limits
of the 100-year floodplain (Boyle) shall be depicted on the final map.
10. Prior to recording a final map for any phase, the final engineering design
for the channel shall be approved by the Public Works Department.
11. Within the property, Clover Creek shall be realigned as depicted on the
approved tentative map. From the north boundary of the subdivision to
Venus Way, the improved section shall consist of an earthen low-flow and
earthen high-flow channel . Said channel shall be designed to carry the
100-year flood event based on full urbanization of the watershed as
determined by the Clover Creek Drainage Study (Boyle) . The channel shall
have the following characteristics:
a. The design shall be such that only periodic mowing of the high-flow
channel shall be required to maintain the flood-carrying capability of
the channel . Maintenance of the low-flow channel or wetland areas
shall not be required.
b. The low-flow channel shall not exceed a width of 30 feet.
c. The low-flow channel shall be designed with appropriately spaced
meanders. Riffle and pool areas shall be incorporated to approximate
a natural fluvial system.
d. Storm drainage from the subdivision into the channel shall be designed
to accommodate the emergence of riparian vegetation. The storm drains
shall not extend closer than 40 feet to the low-flow channel . An area
varying 20 to 40 feet in width shall be excavated from the high-flow
channel at the storm-drain outlets to act as riparian pockets.
12. On site, south of Venus Way, the earthen channel may taper to a reduced
width (to be not less than 100 feet) and be constructed to a uniform invert
depth. Provisions shall be made in channel design for year-round vehicle
and pedestrian access on the west side of the channel . The channel shall
be located as depicted on the tentative map. The design of the access way
shall include the following elements:
a. Inundation should not occur at a frequency less than a ten-year storm
event.
b. The minimum width shall be 20 feet.
13. The developer shall reestablish wetland areas of sufficient quantity and
quality to ensure that there is no net loss from existing predevelopment
circumstances on the site. Mitigation plans shall be approved by the
Department of Fish and Game prior to issuance of a grading permit and shall
• •
S-2-91/Oak Meadow Estates (formerly Potter Ranch) December 10, 1991
Conditions of Approval
Page 3
be indicated on the improvement plans. Should the approved mitigation plan
require a widening of the realigned channel and/or the enlargement of the
on-site detention basin from that depicted on the tentative map, the
developer shall apply for an amendment to said tentative map. Any
necessary permits shall be obtained from the Army Corps of Engineers; a
No. 1603 Agreement shall be obtained from the Department of Fish and Game.
14. The developer shall design and incorporate into the site development an on-
site detention basin. The basin shall be designed such that no increase in
water discharge rates shall occur in Clover Creek south of the subdivision.
The engineering calculations shall be provided to the Public Works
Department at the time final improvement plans are submitted.
15. The following measures shall be instituted to control erosion and to
reestablish vegetation within the realigned high-flow and low-flow channel .
These conditions are in addition to erosion-control requirements which may
be imposed with the approval of the grading permit.
a. Channel work shall commence after May 15 and be completed prior to
August 15 of the construction year.
b. The channels and banks shall be reestablished with grass by the
application of seed and straw mulch. The mulch shall be anchored by
"punching" or other approved method.
c. Prior to seeding, the channel shall be fertilized at a rate of
500 lb/acre with a 10-10-10 fertilizer.
d. The grass shall be seeded prior to August 20 of the construction year
and shall be established with irrigation. The irrigation shall be
applied through October 15 as may be dictated by weather conditions.
e. In the event that work is not completed by August 15 of the
construction year, the seeding in the low-flow channel shall be
anchored by jute matting or other appropriate material by September 15.
f. The above dates may be extended up to 45 days with the concurrence of
the City of Redding, Department of Fish and Game, and the Regional
Water Quality Control Board.
16. During grading activities, existing top soil on the site shall be
stockpiled. It shall be spread within the realigned channel to a minimum
depth of two inches to assist in the reestablishment of vegetation.
17. Native species of oak trees, including blue oak, white oak, and interior
live oak, shall be planted along the high-flow channel and along the banks
of the channel . The trees shall consist of 75 percent 5-gallon specimens
and 25 percent 15-gallon specimens or other appropriate mix as determined
by a certified arborist. For purposes of determining the number of trees
to be planted, the spacing of the trees shall be approximately 50 feet
S-2-91/Oak Meadow Estates (formerly Potter Ranch) December 10, 1991
Conditions of Approval
Page 4
based on the entire high-flow channel area. The number of trees to be
planted shall not be based exclusively on channel length. The trees may be
planted in a staggered or grouped fashion. The trees shall be selected and
planted in accordance with the recommendations of an arborist, certified by
the Western Chapter of the International Society of Arboriculture, who
shall be retained at the expense of the developer. The planting plan shall
be approved by the City prior to undertaking planting activities. Planting
shall be completed prior to the recording of the 130th lot or the
development of any unit adjacent to the channel .
18. Vehicular access for maintenance and mosquito-abatement vehicles shall be
provided both north and south at Venus Way. The access shall be graded and
surfaced to ensure year-round access. The access ways shall include
motorcycle barriers and be suitable for public-trail purposes.
19. At least one pedestrian-access easement shall be provided to the channel in
Unit 9 and one in Unit 10 of the subdivision. The access points may be
along the proposed alignments of storm-drain easements. The minimum width
shall be ten feet; the easements shall be fenced and equipped with
motorcycle barriers.
20. The property owners shall consent to the formation of a landscape
maintenance district encompassing the entire subdivision property. The
district shall be formed prior to the conveyance of any parcel or lot
within the subdivision. Formation of the district will obligate each owner
of property to participate in the district and to pay the appropriate share
of the following maintenance costs:
a. Clover Creek channel vegetation maintenance.
b. Shasta View Drive right-of-way landscaping.
c. Venus Drive right-of-way landscaping.
d. Detention-basin maintenance.
This condition shall be recorded on the final map and noted in the title
report. The escrow instructions for the sale of each lot or parcel shall
require that the purchaser and seller of each lot sign a statement that
they have read and understand this condition of sale.
2.1. Upon the realignment of Clover Creek, the developer shall submit through
the City the necessary application materials to FEMA to secure a
Conditional Letter of Map Revision (LOMR) based on the channelization of
the creek. The conditional letter shall be issued by FEMA prior to
receiving an occupancy permit for any structure (except model homes) in the
subdivision that is within the existing FEMA-defined floodplain. Until
such time as a conditioned Letter of Map Revision is issued, a
certification from a licensed engineer shall be provided with each building
permit stating that the lot is not within the FEMA-defined floodplain.
22. Prior to the issuance of any building permit for any dwelling unit within
the subdivision, the developer/owner shall deposit with the City a fee of
S-2-91/Oak Meadow Estates (formerly Potter Ranch) December 10, 1991
Conditions of Approval
Page 5
$325 per dwelling unit for future off-site drainage improvements to Clover
Creek. The monies shall be used for those improvements identified in the
Clover Creek drainage study prepared by the Boyle Engineering Corporation.
Should a benefit district be established which requires the payment of fees
different than above to fund said improvements, the lower fee shall
prevail . The fee shall be adjusted annually on July 1 in accordance with
changes in the Construction Cost Index, as published in the Engineering
News Record. This condition shall be recorded on the final map and noted
in the title report in its entirety. The escrow instructions for the sale
of each lot shall require that the purchaser and seller of each lot sign a
statement that they have read and understand this condition.
Streets and Circulation
23. The developer shall dedicate right-of-way for Shasta View Drive through the
entire subdivision property with the recording of any final map. The
right-of-way shall have a width of 96 feet.
24. Prior to occupancy of the 73rd residential unit, Shasta View Drive shall be
connected to the existing improved sections north and south of the
subdivision. On-site improvements shall consist of 36 feet of paving and
necessary acceleration/deceleration tapers and turn lanes. Curb, gutter,
five-foot-wide sidewalk, and street lights shall also be constructed on the
east side. Upon recordation of the 120th lot, an internal second street
access to Shasta View Drive shall be provided. Off-site improvement to
Shasta View Drive shall consist of 32 feet of paving and necessary drainage
facilities.
25. Prior to recording the 250th lot, Venus Way shall be fully improved from
Shasta View Drive to the east boundary of the subdivision, based on a
64-foot-wide right-of-way. Construction of the drainage structure across
Clover Creek shall be the sole responsibility of the subdivision or
assessment district formed for said construction. The drainage structure
shall be a minimum of 35 feet curb to curb with 5-foot-wide walkways and
guardrails on both sides.
26. Access rights to all lots abutting Shasta View Drive and Venus Way shall be
waived.
27. The developer shall pay for all striping, marking, and painting required on
Shasta View Drive.
28. The developer shall contribute $190 per lot for a future signal at Rancho
Road and Shasta View Drive. Said fees shall be paid prior to issuance of
a building permit on each lot.
29. A stub street to the south shall be provided to Assessor's Parcel
No. 054-080-10, as indicated on the tentative map.
S-2-91/Oak Meadow Estates (formerl;v Potter Ranch) December 10, 1991
Conditions of Approval
Page 6
Utilities
30. The drainage channel along the north property line of the subdivision shall
consist of a cobbled bottom and earthen sides. The drainage area shall be
fenced. The minimum lot depth between Saturn Skyway and the drainage
easement shall be 95 feet. In the alternative, the drainage may be piped
and the above lot-depth requirement shall not apply.
Landscape and Open Space
31. The developer is to construct a six-foot-high, block-post with wood-insert
(or equivalent) fence along Shasta View Drive adjacent to the subdivision
and along Venus Way. The area between the back of the sidewalk and the
fence on both streets is to be landscaped.
32. The landscaping and associated irrigation system for the landscape
maintenance district shall be installed in accordance with the plans and
specifications available from the Director of Recreation and Parks
Department. The landscaping and irrigation plans shall be submitted to the
Planning Department at the time that improvement plans for the subdivision
are submitted to the Public Works Department. The developer shall be
responsible for all costs and fees associated with the formation of the
district and the installation and connection to City water and electric
utilities. Such fees include, but are not necessarily limited to, meter
fees, connections charges, benefit fees, inspection fees, and development
fees. The developer shall also be responsible for maintenance of the
landscaping and irrigation system until such time as the district is formed
and fees levied. The minimum maintenance responsibility shall be 90 days
for plant material and 1 year for the irrigation system from the date
improvements are accepted by the City.
33. The park area constituting 0.717 acre shall be dedicated to the City for
park purposes. Said dedication shall satisfy park-dedication requirements
for 56 lots. With the concurrence of the City Council , the in-lieu-fee
requirements for the remaining lots may be credited toward, but may not
exceed, those park and trail improvements constructed at the cost of the
developer. Park in-lieu credit shall not be given for those areas which
are provided for wetland mitigation.
Archaeology
34. If, in the course of development, any archaeological , historical , or
paleontological resources are uncovered, construction activities in the
affected area shall cease and a qualified archaeologist shall be contacted
to review the site and advise the City of the site's significance. If the
findings are deemed significant, appropriate mitigations shall be required
prior to any resumption of work on the project.
L • •
RESOLUTION N0. 89-85
STANDARD SUBDIVISION CONDITIONS
1. Subdivision improvements are to conform to Title 17 of the Redding City
Code.
2. A current title report is to be submitted with the final map.
3. Sewer, water, and other utilities; drainage facilities; necessary ease-
ments; and street dedications are to be provided in accordance with the
Redding City Code and as approved by the Public Works Department.
4. The final improvement plans are to be reviewed by the Shasta Mosquito
Abatement District.
5. No construction is to occur prior to approval of improvement plans and
issuance of a grading permit. Grading plans shall include, but not be
limited to, all erosion-control measures, retaining walls required,
slopes, and elevations.
6. With the submittal of improvement plans to the Public Works Department for
plan check, the applicant shall also incorporate one copy of the City of
Redding Electric Department plans for providing electric service to the
subdivision.
7. A soils report is to be submitted to the Public Works Department at the
time construction drawings are submitted.
8. The street side-yard setback for corner lots is to be ten feet and
illustrated on the final map.
9. Grading is to be restricted to the period from April 15 to October 15 of
any year unless a waiver is granted by the Director of Public Works. A
discharge report is to be filed with the Regionai Water Quality Control
Board. Grading shall not occur in areas depicted as open space on the
tentative map.
10. Prior to the recording of a subdivision, an application to apportion any
special assessment-district lien ( Improvement Bond Act of 1915) ,
accompanied by any applicable fees, shall be on file with the City
Treasurer.
11. Names for streets are to be approved by the Planning Commission.
12. A barricade shall be installed at the end of all stub streets in
accordance with specifications of the Public 'Works Department.
13. Utilities, including but not limited to electric, cable television, and
telephone, are to be installed underground.
14. All electrical facilities , including street lights, are to be installed in
accordance with the City Electric Department' s service policy as
delineated in Resolution 8542.
V � •
15. .A five-foot-wide easement for electrical service is to be provided adjacent to
all rights-of-way.
16. The developer is to note that public/municipal utility companies may have
to be reimbursed for all costs associated with the relocation of their
facilities necessitated by the construction of the improvements required
as a condition of approval of this permit.
17. Benefit costs, as per Resolution No. 84-34, attributable to this property
for improvements to the City water system, are to be paid at the time of
water connection.
18. Sewer lines are to be sized and installed at grades to permit the orderly
extension of service to all tributary areas.
19. All existing trees six inches or over in diameter at four and one-half
feet above the ground outside of any street right-of-way and building
sites, are to be saved unless removal is first approved; any front yards
without a tree shall be planted with a City-approved street tree at the
time of development of that lot.
20. In-lieu park fees are to be paid in accordance with Chapter 17.42 of the
Redding Municipal Code prior to the recording of the final map.
21. Fire hydrants are to be installed in location(s) approved by the Fire
Marshal . The main(s) shall be designed to provide adequate fire flows.
In no case shall the main(s) be less than six inches in diameter.
22. Fire-protection facilities, including all-weather access roads, shall be
installed and remain serviceable prior to and during the time of
construction of any structures.
23. All brush piles created by site and street improvements shall be abated
prior to the next fire season. Any burning of brush shall be in
compliance with the requirements of the Fire Marshal and with Air
Pollution Control District regulations.
24. All real-estate signs shall conform with City Code requirements.
25. Final improvement plans shall depict locations for centralized
mail-delivery units. The locations shall be approved by the Postal
Service and the City Public Works Department.
26. Final improvement plan shall depict driveway location for lots with a
slope greater than 15 percent within 30 feet of the street providing
access.
6-23-89
SHELL2