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HomeMy WebLinkAboutReso. 1989-245 - Approving the land use and reimbursement agreement • ' y111 RESOLUTION NO. g'C,' /y- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE LAND USE AND REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF REDDING AND COSTCO WHOLESALE CORPORATION DATED JULY 18 , 1989 , AND AUTHORIZING THE MAYOR TO SIGN SAID AGREEMENT. I, I IT IS HEREBY RESOLVED by the City Council of the City of Redding as follows : 1 . That the City Council of the City of Redding hereby approves the Land Use and Reimbursement Agreement between the City of Redding and Costco Wholesale Corporation dated July 18 , 1989 , a true copy of which is attached hereto and incorporated herein by reference. 2 . That the Mayor of the City of Redding is hereby authorized and directed to sign said Agreement 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 on the aforesaid Agreement when appropriate. I HEREBY CERTIFY that the foregoing Resolution was introduced and read at a regular meeting of the City Council of the City of Redding on the 18th day of July , 1989 , and was duly adopted at said meeting by the following vote : AYES: COUNCIL MEMBERS: Buffum, Dahl , & Carter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Ful ton ABSTAIN: COUNCIL MEMBERS: Johannessen 661yr SCOTT CARTER, Mayor City of Redding ATTEST: , OR PPROVED• a.�,u 'e 4(4.. 're/,,' - ETHEL A. NICHOLS, City Clerk RA ALL A. HAYS, ' ity Attorney 1I` Vl 411 410 LAND USE AND REIMBURSEMENT AGREEMENT CITY OF REDDING Costco Wholesale Corporation Agreement pertaining to the use of property located at 1300 Dana Drive, 11' Redding, California. THIS AGREEMENT is entered into as of this //(\- day of `,117 1989, , by and among the CITY OF REDDING, a municipal corporation organize and existing under the laws of the State of California ("City"); and Costco Wholesale Corporation sometimes referred to as "Developer" below. WITNESSETH WHEREAS, Developer has requested reclassification of the property described in Exhibit A and shown as Exhibit B in order to develop a Costco Department Store. WHEREAS, Developer, in order to develop the store, has submitted the following applications: 1. General Plan Amendment GPA-14-88 - a request to reclassify 9.36 acres located north of Dana Drive and west of Bradford Lane from I "Residential , 9.0 and 12.0 units per acre" to "Retail ." 2. Rezoning Application RZ-15-88 - to rezone property shown in Exhibit B from "RM-12-F" and "RM-9" Multiple Family Residential Districts to "C2-B10-F. " 3. Use Permit Application UP-182-88 - to construct a 117,044-square- foot retail store on the property if rezoned. WHEREAS, it is the intention of Deve4oper to acquire the property. Acquisition of the property by the Developer is contingent upon the approval of General Plan Amendment GPA-14-88 and Rezoning RZ-15-88 to permit the store. I • WHEREAS, the Redding Planning Commission has reviewed and recommended approval of these applications. WHEREAS, the Redding City Council , at their regular meeting of July 5, 1989, approved Use Permit UP-182-88 subject to conditions of approval and approval of General Plan Amendment GPA-14-88 and Rezoning RZ-15-88. WHEREAS, the Redding City Council agreed to approve GPA-14-88 and RZ-15-88 subject to an Agreement being entered into by the City and the Developer that: 1. obligates the Developer to mitigate the impacts of the project as listed in the Supplement to EIR-3-79 and follow-up traffic study titled "Costco Store Traffic Study--Dana Drive Interchange Relocation," dated June 2, 1989; 2. assures compliance with the conditions of approval of Use Permit UP-182-88 and Lot Split LS-52-88 attached hereto as Exhibits C and D, respectively; 3. provides for reversion of the General Plan and zoning back to the designations in effect on the property shown as Exhibit A prior to the enactment of GPA-14-88 and RZ-15-88; and NOW, THEREFORE, BE IT RESOLVED that the parties agree to all of the ' following: 1 1 1. Land Use Permits. City agrees to reclassify on the General Plan and to rezone the 9.36-acre area to permit development of the 117,044-square-foot store depicted. on Exhibit E subject to Developer acquiring the property. 2. Development. Developer agrees that any development of the property shall be in accordance with the conditions of approval of Use Permit P- - U 182 88 as shown on the approved site plan for the project and in accordance with the approved site plan and the applicable zoning. 3. Reversion. In the event active and substantial construction of the store is not commenced within one year of the effective date of the resolution reclassifying all the property as "Retail" on the General Plan, the land will automatically revert to the General Plan classi- fications in effect on June 4, 1989. Such one-year y period shall be extended one day for each day that the commencement of construction is delayed due to casualty, act of God, adverse weather, strikes, labor shortages, or other causes beyond the reasonable control of the party affected by such cause. However, failure to secure financing or other financial inability shall not result in any extensions of time. 4. Other Permits by Costco. If the store is developed, Developer agrees to obtain all necessary permits prior to development of the properties in accordance with the Redding Municipal Code. Permits are to include, but not be limited to, a building and encroachment permit from the City. Also,, a a parcel map is to be recorded and a grading permit is to be obtained if necessary. 5. Ownership. This Agreement shall become effective when Costco Wholesale Corporation is the owner of the real property located within the City and more particularly described in Y Exhibit A, attached hereto. Failure or delay - in acquiring ownership by Costco Wholesale Corporation shall not extend the term of this Agreement. 6. Building Permits. City agrees to issue to Costco- Wholesale Corporation, upon their application therefore, all necessary building permits, occupancy certificates, or other required permits for the construction, use, and -occupancy of the Project, subject to (a) compliance with the Use Permit,- this Agreement, and the City's Building Code requirements in force as of the date of this Agreement, and (b) payment of City's usual and customary fees and charges for such applications, permits and certificates , and any utility connection, zone of benefit, lot split or similar fees, and charges of general application. • 410 7. Right to Amend. City retains the right to amend the General Plan and zoning of this area at any time pursuant to the procedure in the ' Redding Municipal Code and in accordance with the Redding General Plan and any such change will automatically void this Agreement. Amendment of the General Plan or zoning will not invalidate the Use Permit UP-182-88, which shall be valid for two years from its effective date. 8. Liability. Costco Wholesale Corporation 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 1 , the direct or indirect operations of the indemnifying party or its contractors , subcontractors , agents , employees, or other persons acting on its behalf in relation to the construction undertaken by the indemnifying party. 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 9 are applicable. 9. Insurance. Before beginning work on the street improvements, Developer shall cause the insurance required under this paragraph to be issued and thereafter. to-- be--maintained- during the term of this Agreement or until the off-site improvements are accepted by the City. Said insurance shall extend to City, its elective and appointive boards, commissions, officers, agents, employees and representatives, and to the owner of the parcel on which the building construction is commenced. Said insurance shall include: a. Compensation Insurance. Worker' s compensation insurance for all persons employed at the site and for all employees of each said contractor and subcontractor. The applicable owner agrees to indemnify City, its officers, agents, employees, and representa- tives, for any damage resulting from failure to take out and maintain such insurance. I i • 411 411 b. Public Liability and Property Damage Insurance. Public liability insurance in an amount of not less than Two Million Dollars ($2,000,000.00) combined single limit. 10. Binding. This Agreement, and all of the terms and conditions hereof, shall be binding upon and inure to the beneft of the parties and their respective assigns , heirs, or other successors in interest. 11. Independent Agent. The parties acknowledge that, in entering into and performing this assessment, Costco Wholesale Corporation is acting as an independent entity and contractor and not as an agent of City in any respect. 12. Amendment or Cancellation. This Agreement may be amended or cancelled in whole or in part only by mutual consent of the parties involved as signatories to the Agreement or their successors. 13. Enforcement. Unless amended, cancelled, or terminated as provided in Paragraph 12 hereinabove, 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 , and policies governing permitted uses of the property, density, design, improvement and constructions standards, and specifications. ! -: 14. Default by Developer. a. Determination by City. Costco Wholesale Corporation shall be in default under this Agreementupon`-:a 'finding or 'determination by City on the basis of substantial evidence, that the developer has - not complied in good faith with any of the terms of conditions of this Agreement. Costco Wholesale Corporatior shall not be excused from performance hereunder because of any failure of 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 by Costco Wholesale Corporation unprofitable, more difficult, or more expensive. • I 411 410 I!� b. Termination or Modification for Default. In the event of default by Costco Wholesale Corporation, City may terminate or modify this Agreement in whole or in part as to the building area on the parcel of the defaulting party and to all parcels if the off-site work is not completed. City's failure to modify or terminate this Agreement after finding a default of Costco Wholesale Corporation, pursuant to Subsection (a) of this Paragraph 18, shall not constitute a waiver of such default by City. 15. 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, 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. 16. 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, regulations , 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. 17. 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: 411 City: City of Redding 760 Parkview Avenue Redding, CA 96001 Attention: Planning Director Costco: Mr. John Osterhaus 10809 120th Avenue N.E. P. 0. Box 97077 Kirkland, WA 98083-9777 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 United States 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. 18. Term of Agreement. The term of this Agreement shall commence on the date hereof, and shall continue for two years from the date the resolution enacting the General Plan amendment is adopted. 19. Time. Time is of the essence of this Agreement and of each and every term and condition hereof. 20. Recitals and Exhibits. The Recitals of this Agreement and following exhibits to which reference is made in this Agreement are deemed incorporated herein in their entirety: EXHIBIT A - PROPERTY LEGAL DESCRIPTION EXHIBIT B - LOCATION MAP EXHIBIT C - USE PERMIT EXHIBIT D - LOT SPLIT EXHIBIT E - SITE PLAN 21. 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. IN WITNESS WHEREOF, this Development Agreement has been executed by the parties as of the day and year first above written. AGFI.INT 7-5-89 111 AUTHORIZED SIGNATURE OF CITY TO LAND USE AGREEMENT "CITY" CITY OF REDDING, A Municipal Corporation i BY MAYOR OF REDDING APPROVED AS TO FORM: BY CITY ATTORNEY ATTEST: BY CITY CLERK STATE OF CALIFORNIA ) COUNTY OF SHASTA ) ss On this dayof 1988, before me , a Notary Public for the State of California, duly ,( commissioned and sworn, personally appeared and personally known to me [or proved to me on the basis of satisfactory evidence] to be the persons who executed the within instrument as Mayor and City Clerk of the City of Redding, the Municipal Corporation ' executing the within instrument, and acknowledged to me that the Corporation executed it. NOTARY PUBLIC 411 II/ AUTHORIZED SIGNATURE OF COSTCO TO LAND USE AND REIMBURSEMENT AGREEMENT "DEVELOPER" lo5 Z0 �l�5�-�c 6,1evsv�� BY ,./9))81., /Cc-14 0572 1-t-'4(`Si VP STATE OF WASHINGTON) COUNTY OF KING )ss On this day of 1989, before me, the undersigned, a Notary Public in and for said State, p- sonally appeared personally known to me [or proved tome on the basis of satisfactory evidence] , to be the persons who executed thiwithin instrument, and acknowledged to me that they executed the same. WITNESS my hand and Official Seal . ' I NOTARY PUBLIC %/ 4 ACKNOWLEDGMENT STATE OF WASHINGTON COUNTY OF KING 1. On this / 7 day of , r l , A.D. , 19E9, before me, the undersigned, a Notary P blic in and for the State of Washington, duly commissioned and sworn personally appeared JOHN R. OSTERHAUS, to me known to be the Vice President and Secretary of COSTCO WHOLESALE CORPORATION, the corporation that executed the foregoing instrument , and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year in this certificate written above. • C� t4L ' NOTARY PUBLIC in and for the State of Washington, residing at m:JLL(L x-C(, Cv 61- � I • • i EXHIBIT A • LEGAL DESCRIPTION Parcels 3 and 4 as shown on the map recorded for Santa Ana Valley Irrigation Company on September 2, 1988, in Book 27 of Maps , at Page 5, Shasta County f Records. i I 4 I •( I Exhibit A ` I • � 0 . • , - t r-- • i I1 -- 4 • ityrxi_ 41 i fwINI . i IA: i ,,,,A7- RD. o © - ifs k — iv` 43 _-- . _ 7c \ Nry IN 1 - \1\ _ — _ ::a_� .. - • _ { -- — — r _. 'tom I -- 1 s l _ \\ II `v , '''Q...E. .k.i E. .i, \_,.,1•.---, . . _ . T 1 1 , .i .4t. : ] , , ,, , . , . _ _._ ,.. .. .. EXI4151 L o e/ I r/C4.+ ,4/ , - _ 4194_ f4-8B 22 /588i. 1 .. , �� roti... .,: eioreic) _ : ._, „KJ._ .. , _ , , : ; /JO Y i. 1988 1 F! .,,w: , .i. _ _ i • J._SIF • • I/ City of Redcung t, •</P.00y USE PERMIT NO. UP-182-88 Name and Address Costco Wholesale Corporation 10809 120th Avenue N. E. Kirkland, WA 98121 The City of Redding Planning Commission considered and approved UP-182-88, granting permission to construct a 113,441-square-foot retail/commercial building on property located at 1300 Dana Drive subject to compliance with all provisions of the Redding City Code and the following conditions: 1. Development is to be in accordance with the plot plan dated June 13, 1989.' Conceptual approval is granted for a 114,866-square-foot Costco Wholesale Membership Club with a 2,376-square-foot tire-installation center. 2. This use permit shall be automatically revoked without further action if ,i activity or use for which the use the permit was granted has not actively and ' substantially commenced within one year of the date of issuance. 3. The requirements of the Building Official and the Uniform Fire Code are to be met. 4. The minimum street building setback is 15 feet. , 5. The maximum building height is 30 feet. 6. Dedication of any necessary utility or storm-drain-easements. 7. Utilities, including electric, telephone, and cable television, are to be installed underground. 8. Benefit costs, as per City Council resolution, attributable to this proert for improvements to the City water system, are to be paid at the time ofwater connection. Said fees are to be used for improvements to the -Enterprise Pressure Zone as indicated on the Master Water Plan. 9. Fire hydrants are to be installed in accordance with the Uniform Fire Code. The locations of the fire hydrants are to be approved by the Fire Department. fire The mains shall be engineered to provide adequate flows. In no case shall this be less than six inches. Fire-protection facilities, including all-weather access roads, shall be installed and remain serviceable prior to and during construction of the building. 10. 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. Continued on Page 2. EXHIBIT C 760 PARKVIEW AVENUE, REDDING CA 96001-3396 TELEPHONE 916-225-4000 41/ • I UP-182-88/Costco Wholesale Corporation Page 2 11. Storm-drain improvements are to be constructed as specified by the Public Works Department. The owner/developer shall detain the difference between the' natural condition and the fully-developed condition within an underground ' storm-drain facility, as approved by the Public Works Director. 'I 12. A grading permit is to be obtained from the Public Works Department. 13. The site area is to be landscaped with live vegetation; irrigated planters are . to be placed in accordance with the approved plot plan; the minimum planter width along all street frontages is ten feet. City-approved street trees are to be planted within the street frontage planters on 30-foot centers. The area between the back of sidewalk and the property line is to be landscaped to I match the adjacent on-site planter. The planters adjacent to the north and south building walls shall be designed so that dirt is backfilled against the base of the structure. The minimum landscaped area shall not be less than 12 percent of the gross site area. 14. Night lighting is to be oriented so as to not glare onto adjacent residential areas. High-intensity night lighting shall be oriented so as not to glare directly onto any streets. 15. All mechanical or air-conditioning units shall be surrounded by parapets fencing to deflect noise upward and screen the equipment frompuview. The technique to be employed shall be depicted on he buildingilians. Noisec bl from he mechanical equipment shall not result in any measurable increase in the ambient noise level in residential districts to the east. 16. Parking is to be improved -in accordance. with Chapter 18.62 of the City Code with a minimum of 582 spaces , based on the following: a. 575 spaces for the retail square footage (114,866 square feet) based on a ratio of 1 space per 200 square feet of gross floor area. b. 7 spaces for the tire-installation center (2,376 square feet) based on a ratio of 1 space per 350 square feet of gross floor area. 17. Seven handicapped parking spaces, 17 motorcycle spaces, and locking facilities for 58 bicycles shall be provided in accordance with Section 18.62.300 of the City Code. 18. A minimum of 5-percent of the interior of the parking be d. Fifteen-gallon shade trees shall be placed within �thele a parking of planter at a ratio of 1 tree for every 10 spaces, beginning with space number20. Trees planted within the street-frontage planters do not count toward satisfyina this requirement. Continued on Page 3. • UP-182-88/Costco Wholesale Corporation Page 3 19. 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. 20. Real-estate signs shall conform to Section 16.32. 127 of the City Code. 21. Prior to the issuance of a building permit, the Board of Administrative Review. shall approve the final site plan, parking plan, landscaping plan, building elevations, and sign plans. 22. All parking and landscaping improvements shall be completed prior to they issuance of an occupancy permit. I i 23. Signage shall conform to Chapter 16.32 of the City Code. 24. Parcels 3 and 4 of Lot Split LS-52-86 shall be merged prior to occupancy. 25. The trash compactors shall be painted to match the main building. 26. Any outdoor storage of miscellaneous materials (tires, batteries, crates, boxes, etc. ) shall be confined within a solid-wall enclosure that is integrated into the design of the main building. The stored materials shall , not exceed the fence height. 27. A six-foot-high, decorative-block wall shall be constructed behind the landscape planter along Bradford Way, tying into the tire center along Dana Drive as depicted on the approved plot plan. The wall shall step down in height at the driveways to enhance site distance. 28. Driveways on Dana Drive, Friendly Road, or Old Alturas Road shall be protected 1 from on-site cross traffic by berms, medians, or planters set a minimum distance of 40 feet behind the property lineto allow stacking of cars exiting onto a public street and movement of cars off the public curb cut on each of those street frontages shall bepermitted in a locatioonn approved by the Director of Public Works. - - 29. Dedication of 20 feet of right-of-way adjacent to Friendly Road in order widen the right-of-way to a street section of 80 feet. to 30. Curb, gutter, and five-foot-wide sidewalk shall be installed on all street . ! frontages. 31. On Old Alturas Road and Bradford Way adjacent to the site, the developer shall prepare the subbase and furnish and place all required aggregate asphalt concrete between the gutter and thb' existing street ection. base and Continued on Page 4. 'I I UP-182-88/Costco Wholesale Corporation Page 4 32. On Dana Drive adjacent to the site, the street shall be improved between the gutter and the center line of Dana Drive as depicted on Exhibit "F" of LS-52-86. 33. On Friendly Road the street shall be widened to a developer shallsubbase width of 68 feet. The aggregate base and asphalt concrete abetweenn thergutter and tnish and lhe exiace sting ll estreet section. et 34. The owner developer shallay improvements identified in the Costco Store,177 tTrao fficuStudy datede used foreJuner7, 1989. The fee is based on a flat rate of $.80 per square foot of gross land area (in this case, 9.36 acres) 35. The owner developer shall install the following off-site traffic improvements in order to mitigate traffic impacts identified in the Costco Store Traffic Studies dated June 7 and March 24, 1989. All traffic improvements, designs, , and specifications shall be approved by the Director of Public Works and, where applicable, CALTRANS. a. Installation of a traffic signal at the intersection of Dana Drive and Churn Creek Road. The invoiced costs of the signal may be credited toward the benefit fee required in Condition No. 33. Developer is to note that $60,000 will be contributed to this signal from the Target and Food-4-Less developments. Only the invoice cost above $60,000 will be credited. b. Overlay and widening of Dana Drive from Bradford Way to Victor Avenue to provide a minimum paved section of 30 feet for the full length of the street. Prior to overlaying, portions of the street profile shall be regraded to meet the specifications of the Director of Public Works. The i invoiced costs _ofthe--Dana Drive construction may be credited toward the benefit fee required in Condition No. 33. c. Modification of the signal and channelization at the Dana Drive/SR44 westbound off/on-ramps as specified by CALTRANS to meter on-ramp traffic. d. Construction of a free island-separated right-turn lane for off-ram � '� traffic at Dana/Westbound SR 44 intersection. e. Construction of a dual right-turn lane on northbcund Hilltop to eastbound Dana. The invoiced costs of the construction may be credited toward the benefit fee required in Condition No. 33. DATE SIGNED AND MAILED: July 7, 1989 ,4 '�?� � EFFECTIVE DATE: PhiY ip A. , erry, P anni g Director Copies to: Property OwnerJune 24, 1989 Applicant, if not property owner Electric Department File • • /4110111111101004 tj;r sCityo Redding LOT SPLIT Lot Split Application No. LS-52-86 "Amendment" Name and Address Santa Ana Valley Irrigation Company 2555 Third Street, Suite 200 Sacramento, California 95818 A LOT SPLIT is hereby granted for the following, subject to compliance with all provisions of the Redding City Code and the conditions attached and is to be accomplished in the manner illustrated on the attached map: Permission to create four residential and two commercial parcels on property located at 1050 Dana Drive, in a "C2-B10-F" Central Commercial District, an "RM-9-F" Multiple Family Residential District, and "RM-12-F" Multiple Family Residential District, subject to the following conditions: 1. Prepare and record a parcel map. 2. Unless specified below, all requirements are due at the time of development. 3. The City of Redding will not maintain roads until they are improved to City standards 4. A five-foot-wide electrical easement is to be provided adjacent to all streets as necessary with the recording of the parcel map. 5. Utilities, including electric, telephone, and cable television, are to be installed underground. Electric lines are to be extended per the Electric Department's requirements. ' 6. Sewer and water lines shall be extended and sized as specified by the Public Works Director to meet the design flow of the Master Sewer Plan and serve the area logically -sewered by -the lines. -- -Improvement plans are to be approved prior to construction. Extensions shall occur with the development of each parcel to the limits of each parcel . 7. Separate utility connections and meters are to be provided for each parcel . Ij 8. Benefit costs , as per City Council resolution, attributable to this property for improvements to the City water system are to be paid at the time of water connection. Said fees are., to be used for improvements to the Enterprise Pressure Zone, as indicated on the Master Water Plan. Continued on Page 2. EXHIBIT "D" --(n PA RICVMW .1\MNTr'L Dr11TWV/— rnLnn, -, C rT .rny rrznnn iii 1 111 i : 1 LS-52-87/SAVI f Page 2 9. At the time of development of each parcel , dedication of any necessary utility or storm-drain easements. 10. Storm-drain improvements on- or off-site are to be constructed as specified by the Public Works Director. A storm-drain plan is to be approved by the Public Works Director prior to recording the final map. f i I! 11. Prior to the recording of the subdivision, an application to apportion any I special assessment-district lien (Improvement Bond Act of 1915) shall be I N on file with the City Treasurer, with all fees to be paid. 12. Fire hydrants are to be installed in accordance with the Uniform Fire Code; the locations of the fire hydrants are to be approved by the Fire Department; the mains shall be engineered to provide adequate fire flows. Fire-protection facilities, including all-weather access roads , shall be installed and remain serviceable prior to and during the time of construc- tion; all brush piles created by site improvement and streets shall be ISI abated prior to the next fire season. 13. 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. 14. All mature trees over six inches in diameter at four feet above the ground II (BHD) , outside of any street right-of-way, are to be saved if possible. The grading plan shall show all trees within the lots _ that are to be = _. .': ': II removed. II 15. 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. i j 16. All real-estate signs shall conform with City Code requirements. f � I 17. At the time of issuance of a building permit or of future subdivision of Parcels 1, 2; 3, or 4, the in-lieu park fees- to .be-paid,- pursuant to Chapter 17.42 of the City Code, are $37,700 based on the maximum number of i multiple-family 2-bedroom units permitted on the 8.23 developable acres of Parcel 1 (98) , 4.91 developable acres of Parcel 2 (53) , and 6.53 develop- able acres of Parcel 3 (78) , in the "RM-12-F" District and the maximum number of 2-bedroom multiple-family units permitted on the 3.8 developable I, acres of Parcel 4 (34) and 6.9 developable acres of Parcel 2 (62) , in the RM-9 District. If additional units are constructed, then the fees shall 1, be adjusted to reflect the City Code. Continued on Page 3. ii O i • •LS-52-86/SAVI Page 3 18. In commercial areas, the minimum building setback from Canby Road, Churn Creek Road, the new alignment of Old Alturas Road, and Dana Drive shall be 15 feet. Adjacent to any other street in corrrercial areas, it shall • be not less than ten feet. I 19. All street frontages , exclusive of driveways or sidewalks , shall be bordered by a landscaped planter not less than ten feet in depth. , 20. Where a commercial building site is adjacent to an "R" District, a block- ,'I post-with wood-insert (or equivalent) fence approved by the Planning Commission or a masonry wall shall be constructed along the common property line. The fence or wall shall be constructed to a height not less than five feet and not more than six feet above the natural ground level to serve as a suitable screen to separate the conflicting uses. Fences or walls within the front-yard setbacks shall not exceed three feet in height. All fences or walls shall be architecturally compatible with buildings on the site. - 21. The property owner is to waive access rights to Dana Drive from Parcel A with the recording of the parcel map. Driveway access on Dana Drive from Parcel C shall be located a minimum of 400 feet from Churn Creek Road. Parcels 3 and 4 shall be limited to one driveway each on Dana Drive with ' the location and design approved by the Public Works Director. *22. Access to Churn Creek Road from Parcel A shall be limited to two 60-foot ,1 driveways. One driveway shall be at the intersection of Old Alturas Road i and the other -drivewayshall be in the-location -depicted on Exhibit "E. ° .: 23. Access to Churn Creek Road from Parcel C shall be limited to one 60-foot ; I, driveway in the location depicted on Exhibit "E. " ; 24. Access to Parcel B shall be in a location approved by the Public Works Director. Any access from Churn Creek Road shall be right-turn only. i '' 25. Street dedications of right-of-way and slope easements shall occur with i I I the recording of the parcel map based on a plan and profile approved by 1 1 the Public Works Director of all streets listed below: ii H I Canby Road Dedication of necessary right of-way to-achieve a 42-foot half-section and necessary corner rounding at - Dana Drive per the ; i! specifications of the Public Works Director. I Churn Creek Road - Dedication of 110 feet of right-of-way (and necessary 1 corner roundings at Dana Drive and slope easements) through Parcels A and ° 1 C transitioning down to 96 feet of right-of-way north of Old Alturas Road 'l per the specifications of the Public Works Director and as shown on Exhibits C, D, and E. 1,1 Continued on Page 4. O 111 LS-52-86/SAVI Page 4 Dana Drive - Dedication of necessary right-of-way to achieve a 42-foot half-section based on the centerline established by County Survey No. 5-88-51-24E and transition for special lanes adjacent to Parcels A, C, 3, and 4 per the specifications of the Public Works Director and as depicted on Exhibit "F." i Old Alturas Road - Dedication of 84 feet of right-of-way for the realignment of Old Alturas Road between the east property line and Churn Creek Road as approved by the Public Works Director. In addition, the applicant shall dedicate or cause to be dedicated the necessary right-of- way to realign Old Alturas Road east of LS-52-86 and transition into the existing paved section of Old Alturas Road. The design of the transition off-site street improvements and the right-of-way shall be approved by the Public Works Director. If the City Council approves , the City will use its power of eminent domain to obtain the right-of-way with the developer responsible for all costs. li Browning Street - Dedication of 84 feet of right-of-way and slope III easements per the specifications of the Public Works Department. If access to Browning Street is developed, the off-site dedication of 84 feet of right-of-way to either Old Alturas Road or Lancers Lane will be required per the specifications of the Public Works Director. 26. Street improvements shall be as follows: II i Canby Road - At the time of development of Parcel A, Canby Road shall be improved between Dana Drive and the north property line with curb, gutter, and five-foot-wide sidewalk; aggregate base and asphalt concrete; and required drainage improvements to provide a finished curb-to-curb width of Ib .64 feet per the requirements of the Public Works Director. Churn Creek Road l� I� I II a. At the time of development of Parcel A, the full street section of Churn Creek Road, including median curb, gutter, and five-foot-wide I!I !il sidewalk on the west side and curb and gutter on the east side, shall Ii be constructed between Dana Drive and the , southern -driveway -of P P nDirector, Parcel A per_ -s specifications -of the Public- Works in - accordance with geometrics shown in Exhibits C and E. Between the ti II southern driveway on Parcel A and the north property line, the west one-half of Churn Creek Road plus 14 feet of paving on the east side of the median and the median shall be constructed per the specifica- tions of the Public Works Director, including turn lanes as depicted on Exhibit "E. " (Exhibit "0" depicts the improvements based on the transition to a 96-foot right-of-way. ) II Continued on Page 5. il • ! i • LS-52-86/SAVI Page 5 b. At the time of development of Parcel C, the full-street section of Churn Creek Road, including median curb, gutter, and five-foot-wide sidewalk on the east side and curb and gutter on the west side, shall be constructed between Dana Drive and the southerly driveway on Parcel C per the specifications of the Public Works Director and in accord- ance with Exhibits "C" and "E. " Between the southern driveway and Old Alturas Road, the east one-half of Churn Creek Road plus 14 feet of paving on the west side of the median and the median shall be con- structed. Adjacent to Parcel B, the sidewalk, curb, and gutter is not required. Between Old Alturas Road and the north property line, the east one-half of Churn Creek shall be constructed per the specifica- tions of the Public Works Director as depicted on Exhibit "E. " c. If access to Parcel B is developed from Churn Creek Road prior to the development of Parcels A or C, a 32-foot pavement section of Churn Creek Road (excepting curb, gutter, and sidewalk) shall be constructed from Dana Drive to the north property line per the specifications of the Public Works Department, including turn lanes. Otherwise, at the time of development of Parcel B, the east one-half of Churn Creek Road, including curb, gutter, sidewalk, and full median shall be , constructed adjacent to the parcel . �Il d. At the time of development of Parcel A or Parcel C, the median shall be landscaped. Landscape plans for the median shall be included with required landscape plans for development of Parcel A or Parcel C. ' I Dana Drive -_: At: the:•:t:ime of development of Parcel 3 or 4, Dana Drive shall be improved from the east property line to Churn Creek Road. Improvements shall consist of curb, gutter, five-foot-wide sidewalk, and aggregate base and asphalt concrete between the gutter and the existing street section 1 per the specifications of the Public Works Department and in accordance -i with Exhibit "F." At the time of development of Parcel C, the north half 1 of Dana Drive adjacent to Parcel C shall be developed as per Exhibit "F. " h j Old Alturas Road 1 aIII . At the time of development of any parcel , Old Alturas Road adjacent to that parcel- s-hall --be constructed with curb, gutter,.; and- sidewalk, and =-- one-half ofthe ._street._per_ the specifications of the_'Public Works i Director- as-depicted in Exhibit "A. " ',', 1i b. At the time of development of Parcel C, Old Alturas Road shall be constructed from Churn Creek Road through LS-52-86 to a point east of the property line of LS-52-86 sufficient to provide a transition to LSII the existing paved section of Old Alturas Road. Off-site of Parcel C, improvements to Old Alturas Road to the east shall include construc- I '' tion of a 32-foot paved section on 'an alignment approved by the Public Works Director. The alignment and pavement improvements of Old Continued- on Page 6. 'i III Aft 410 LS-52-86/SAVI Page 6 Alturas Road to the east will be based on a design, both horizontal and vertical , that will provide permanent improvements to the point of tangency with the proposed future right-of-way approximately 100 feet east of the developer's property and shall conform to the existing traveled way approximately 250 feet further to the east, all as shown on the attached Exhibit "G" and to the satisfaction of the Public Works Director. c. At the time of development of Parcel 1, Parcel 1 shall be connected to the nearest improved section of Dana Drive or Churn Creek Road by a 32-foot paved street along the alignment of Old Alturas Road and Churn Creek Road or along the alignment of Friendly Road per the specifications of the Public Works Director. d. At the time of development of Parcel 2 or Parcel 4, if Old Alturas Road has not already been constructed from Churn Creek Road to the property line of LS-52-86, access shall be limited to only Dana Drive either directly or via Friendly Road per the specifications of the Public Works Director. A barricade shall be constructed at the east end of the new alignment of Old Alturas Road per the specifications of the Public Works Director. e. At the time of development of each parcel , the developer shall contribute $9 per lineal foot of street frontage of Old Alturas Road Ii for a one-inch asphalt concrete overlay of Old Alturas Road. Local Streets - q At the time of development of the abutting parcel , Friendly Road and the existing Old Alturas Road alignment adjacent to Parcel 4 shall be con- structed with 32 feet of paved section and curb, gutter, and sidewalk per the specifications of the Public Works Director. Browning Street - At the time of development or further subdivision of it Parcel 2, Browning Street shall be improved with curb, gutter, five- 1 j foot-wide sidewalk, and aggregate base and asphalt concrete for one parking lane per the specifications of the Public Works Department and in accordance with Exhibit "B." If access is developed to Browning Street, off-site improvements for the extension of Browningeither Street to e Lancers Lane or Old Alturas Road shall also be requiredand shall consist of necessary aggregate base and asphalt concrete for two travel lanes and required drainage per the specifications of the Public Works Department. II 27. Contribution for traffic signals shall be made prior to the issuance of a Certificate of Occupancy in accordance with the following: Parcel A - $30,000 for a traffic signal at Churn Creek Road and Dana Drive. 1 Continued on Page 7. 1 1 LS-52-86/SAVI Page 7 Parcel C - $30,000 for a traffic signal at Churn Creek Road and Dana Drive. At the time of development of Parcel A or Parcel C, a signal shall be installed by the developer on Churn Creek Road at the intersection of Old Alturas Road per the specifications of the Director of Public Works. 28. The developer is to submit an acoustical analysis in compliance with Title 24 of the California Administrative Code when the building plans are submitted in order to achieve interior CNEL noise levels of 40 db in sleeping areas and 45 db in habitable areas. The analysis and attending noise-mitigation measures are to be approved by the Planning Director II prior to the issuance of a building permit. 29. Prior to recording of a parcel ma for O Alturas Road, depicted on the tentative map maprpdated lus right-of-way 9, 1987, shall be abandoned. 30. At the time of roadway construction, necessary signal conduit shall be installed at intersections and along street right-of-way as specified by ii the Public Works Director. 1I At their regular meeting of August 10, 1988, the Board of tive Review amended LS-52-86 to allow for a third curb cut onChurn�Creek aRoad on Parcel "A," subject to the previously imposed conditions, except for the amendment of Condition No. 22, as follows: *22. Access to Churn Creek Road from Parcel A shall be limited to three driveways as depicted on the a pproved site plan for Use Permit UP-113-88 I , dated August 10, 1988. I II ill } Date Signed and Mailed: August 18, 1988, / f I 4 EFFECTIVE DATE: ip A. 'e•r P arming Director October 3, 1987. f / Attachment: Map gill Copies to: Property Owner Electric Department Applicant, if not property owner File 1