HomeMy WebLinkAboutReso 2005-043 - Fleur Du Lac Subdivision
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RESOLUTION NO. 2005-43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
REDDING ADOPTING DETAILED FINDINGS TO SUPPORT
THE MARCH 15, 2005, CITY COUNCIL DECISION TO
UPHOLD THE DiECISION OF THE PLANNING COMMISSION
AND APPROVE TENTATIVE SUBDIVISION MAP
APPLICATION S-8-03 WITH REVISIONS TO CONDITIONS,
AND ADOPTING THE ENVIRONMENTAL DOCUMENT FOR
THE FLEUR DU LAC SUBDIVISION
WHEREAS, on March 15, 2005, after considering the environmental Mitigated Negative
Declaration and its supporting documentation and the staff report and other information in the record
for Tentative Subdivision Map Application S-8-03, Fleur du Lac Subdivision, and after considering
all testimonial and written evidence submitted prior to and during the public hearing, the City
Council voted to uphold the decision of the Planning Commission to approve Tentative Subdivision
Map Application S-8-03 with revisions to the conditions of approval; and
WHEREAS, the City Cou.ncil directed Planning staff to return to a subsequent City Council
meeting with detailed findings to support the March 15,2005, decision;
NOW, THEREFORE, IT IS RESOLVED by the City Council of the City ofRed~ing that
the findings of fact attached as Attachment" A" are appropriate and proper to support the preliminary
decision made on March 15, 2005, which upholds the decision of the Planning Commission and
approves Tentative Subdivision Map Application S-8-03 with revisions to the conditions of
approval, attached as Attachment "B," for the reasons as set forth in the findings of fact.
I HEREBY CERTIFY that the foregoing resolution was introduced, read, and adopted at a
regular meeting ofthe City COlmcil on the 5th day of April 2005, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Council Members:
Council Members:
Council Members:
Council Members:
Dickerson, Murray, Pohlmeyer, Stegall, and Mathena
None
None
None
Attest:
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Form Approved:
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RICHARD A.DUVERNA , City Attorney
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ATTACHMENT" A"
RESOLUTION 2005-_
FINDINGS
Tentative Subdivision Map S.-8-03, Fleur du Lac Subdivision
February 16,2005
ENVIRONMENTAL FINDINGS
1. Based on the Initial Study and mitigation measures incorporated into or made a condition of
the project, there will be no significant effect on the environment. A Mitigated Negative
Declaration has been prepared for the tentative map.
2. The Mitigated Negative Declaration and its supporting documentation reflect the independent
judgment and analysis of the City of Redding.
TENTA T1VE SUBDIVISION MAP FINDINGS (GOVERNMENT CODE SECTION 66474)
Pursuant to Government Code Section 66474, the City Council must deny a tentative map if it makes
any of the following findings:
a. That the proposed map is not consistent with applicable general and specific plans as specified
in Section 65451.
The project density of 2.3 units per acre is consistent with the General Plan designation of
"Residential, 2 to 3.5 units per acre." Open space has been applied over areas with a "Greenway"
designation on the General Plan.
b. That the design or improvement o/the proposed subdivision is not consistent with applicable
general and specific plans.
Development of the site with minimal grading is consistent with the goals and policies of the
Community Development and Design Element and Natural Resources Element ofthe General Plan.
The project will result in the widening and improvement of Shasta View Drive as anticipated by the
Transportation Element of the General Plan.
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Open-space and trail easements are provided, and park fees will be collected to enable the future
connection and provision of public-access trails to connect the proposed residential development to
the open space and other land designated for future trail use, consistent with goals COD 10, CDD 1 OF,
and CDDIIB of the Community Development and Design Element of the General Plan.
The proposed noise wall along Shasta View Drive is consistent with mitigation outlined in the Noise
Element of the General Plan.
c. That the site is not physically suitable for the type of development.
The level terrain comprising th(: project site is conducive to the residential development proposed.
The steep-slope areas have been placed in open space.
d. That the site is not physically suitable for the proposed density of development.
The physical development of the property will occur on the relatively level terrain portion of the site.
e. That the design of the subdivision or the proposed improvements are likely to cause substantial
environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
Significant impacts associated with grading, wetlands, or sensitive species have been addressed by
soil erosion and biological resource mitigation measures incorporated into the mitigation measures
and conditions of approval for the project.
f. That the design of the subdivision or type of improvements is likely to cause serious public
health problems.
The residential project does not present any adverse impacts to public health. Potential noise
impacts from Shasta View Drive have been addressed by the provision of a noise wall along the
eastern project boundary.
g. That the design of the subdivision or the type of improvements will conflict with easements
acquired by the public at large for access through, or use of, property within the proposed
subdivision. In this connection, the governing body may approve a map if it finds that
alternate easements for access or for use will be provided and that these will be substantially
equivalent to ones previously acquired by the public. This subsection shall apply only to
easements of record or to easements established by judgment of a court of competent
jurisdiction, and no authority is hereby granted to a legislative body to determine that the
S-8-03 Fleur du Lac Subdivision. Findings
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Attacl1melll "A"
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public at large has acquired easements for access through or use of property within the
proposed subdivision.
Easements for utilities (sewer, water, and storm drain) will be retained with the proposed
subdivision. The project will result in the widening and improvement of an arterial street, Shasta
View Drive, as anticipated by the General Plan and the provision of public-access trail/open-space
easements.
Based on items of the Tentative Subdivision Map and Environmental Findings as identified
above, the proposed project i:s consistent with the requirements of the Subdivision Map Act,
the California Environmental Quality Act and the policies and requirements of the Redding
General Plan and Zoning Ordinance.
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S-8-03 Fleur du Lac Subdivision. Findings
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Allacllmenl "A"
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ATTACHMENT "B"
Tentative SlIlbdlivision Map Application S-8-03
Fleur du Lac Subdivision
Conditions of Approval
*Conditions marked with an asterisk are to be indicated on the final map as notes.
**Indicates conditions which are also mitigation measures.
General Requirements
1. Approval is granted for 52 single-family residential lots.
2. The standard conditions for subdivisions delineated in Resolution 92-18 shall be met. *
3. The developer shall note that Section 711.4 ofthe State Fish and Game Code requires payment
of a fee to the County Clerk for filing a Notice of Determination for an environmental
document; payment ofthis fee is the responsibility ofthe project proponent.
Streets and Circulation
4. The Redding Citywide Traffic Impact Fee (TIF) shall be paid at the time of issuance of a
building permit as required by the Redding Municipal Code. * **
5. Upon recordation of the map, the developer shall dedicate 54 feet of right-of-way for the
widening of Shasta View Drive across the frontage of the property for a total I02-foot-wide
right-of-way.
6. Access rights to Shasta View Drive from the 7 lots bordering Shasta View Drive shall be
waived by dedication to the City.
7. At the time of construction of street improvements, the following shall occur:
The Shasta View Drive frontage of the property shall be improved to accommodate
2 additional driving lanes and a bicycle lane. Improvements shall include the ultimate
half-width tie-in paving; left-turn pockets at the subdivision street intersections; a center turn
lane; a center landscape median; drainage improvements; bike-lane striping and signing;
streetlights; a 15-foot-wide landscape planter; curb; gutter; and separated 5-foot-wide,
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meandering sidewalk, in accordance with the specifications of the City Engineer. Off-site
construction of Shasta View Drive to the north of the project boundary shall include
construction of the Shasta View Drive roadway to the ultimate width; removal of the barricade;
tie-in paving to the existing AC taper; and pavement striping and markings. Any and all
improvements to Shasta View Drive shall satisfy the City's alignment, design, and construction
standards for an arterial street. The developer will be given a credit against traffic impact fees
in an amount equal to $50,000. The Shasta View Drive frontage improvements may be phased
if the development of the subdivision is phased, with review and approval by the City
Engineer. * *
8. Within the subdivision, interior streets shall be improved with curb, gutter, and sidewalks and
shall be in conformance with the requirements of the Development Services Department.
9. Public-service easements shall be dedicated to the City along all interior street frontages and
Shasta View Drive.
10. Streetlights shall be placed along all street frontages, including the Shasta View Drive frontage,
in accordance with the specifications of the City's Development Services Department and
Electric Department.
Sewer, Water, and Utilities
11. Water service is to be provided throughout the subdivision in accordance with the
specifications of the City of Redding Development Services Department and in a manner
satisfying the California Fire Code and Redding Fire Marshal requirements.
a. A waterline connection shall be provided off-site from Viking Way to the existing
12-inch waterline in Atrium Way.
b. A waterline loop shall be provided between Road "A" and Court "A" with a
public-service easement provided.
12. All off-site sewer, water, ,md storm-drain extensions necessary to serve the subdivision shall
be placed in a public-street right-of-way or public-service easement in a location approved by
the Engineering Division. The developer shall be responsible for acquisition of all necessary
off-site right-of-ways or easements.
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13. Vehicular access for maintenance purposes shall be provided to all sewer manholes outside a
public right-of-way both on- and off-site. The access shall have a minimum width of 12 feet,
a maximum slope of 15 percent:, and be improved with an all-weather surface. Road grades
in excess of 8 percent shall be asphalt/concrete paved. Alternative methods to access the
manholes may be conside:red by the City Engineer and Wastewater Utility Manager.
14. Prior to approval of the final improvement plans by the Engineering Division, the applicant
shall also incorporate 1 copy of the City of Redding Electric Department plans for providing
electric service.
15. Any overhead lines shall be undergrounded with construction of the pertinent street
improvements. The cost of the conversion is the responsibility of the developer.
Grading, Drainage, and Sediment Control
16. A grading permit shall not be issued by the City for any part of the project until complete
improvement plans have been reviewed and approved by the Development Services
Department and all necessary permits or approvals have been obtained from outside agencies
also having jurisdiction over the project, including, but not limited to, the Regional Water
Quality Control Board, the California Department ofFish and Game, and the U.S. Army Corps
of Engineers.
17. An application shall be submitted for a clearing and/or grading permit. Improvement plans for
clearing, grading, drainage, utilities, and other required improvements shall be approved by the
Engineering Division and other concerned City of Redding departments prior to the beginning
of any clearing or grading activities or site-improvement activities and will be in conformance
with the current Redding Municipal Code Title 16.12. An Interim Erosion and Sediment
Control Plan (Interim Pl.m) shall be included as part of all clearing and grading permit
applications and will be approved by the City Engineer before a clearing and/or grading permit
will be issued.
18. The minimum grade of all graded lots toward the street shall be 2 percent, or an exception may
be designed, meeting the requirements of the City Engineer.
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19. Final building site elevations shall be a minimum of 1 foot above the sidewalk or attain
positive drainage in accordance with the requirements of the City Engineer and Building
Official.
20. All fill slopes creating an embankment adjacent to the open space or natural-drainage course
shall be designed to avoid an engineered appearance through application of varied slope ratios
between 2: 1 and 4: 1 and a meandering toe of slope and with roundings of the top and toe of
slope. Iflots drain toward a fill slope, the grading shall be designed to catch and direct runoff
to a low point of discharge and conveyed over the fill slope inside a closed system to the
bottom of the fill. All disturbed areas shall be landscaped or hydroseeded to prevent erosion.
21. Any lot grading shall be designed to direct storm runoff to the street to prevent lot-to-lot
drainage. This shall be accomplished either through grading, curbs, walls, concrete ditches,
undersidewalk drains, or other means approved by the City Engineer.
22. The developer shall obtain a Construction Activity Storm Water Permit from the State Water
Quality Control Board prior to commencement of grading of the subdivision in order to protect
water quality from development activities. A Storm Water Pollution Prevention Plan (SWPPP)
must be prepared prior to cmyconstruction activities in order to identify potential pollutants and
to eliminate or reduce those pollutants from entering storm waters. **
23. Prior to improvement-plan approval, the applicant shall obtain approval for storm-water peak
flow in accordance with City Council Policy 1806 and the specifications of the Engineering
Division. Such measures shall address impacts from the 10-,25-, and 100-year-stonn events.
Projects shall address peak flows to maintain predevelopment levels at all locations
downstream of the project. The plans shall be reviewed and approved by Caltrans (in relation
to conveyance of storm water under State Route 44 through the State's facilities).
Hydrological calculations prepared by a qualified engineer shall be provided to the Engineering
Division and Caltrans with submittal of site-improvement plans.
24. Points of discharge from project drainage systems into open space shall include water-velocity-
attenuation improvements. or any other measures necessary to prevent earth scouring and
erosion. **
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25. The spillway for the earth dam of Gregory Pond shall be fully rehabilitated in accordance with
Condition 18 of Parcel Map PM-14-03. Provision of acceptable securities to ensure
completion of the work shall be provided prior to recordation of a final subdivision map. The
developer of the subdivision shall have 3 years from the date of the first final subdivision map
recordation to obtain appmvals and complete the spillway improvements as required by the
City Engineer.
26. Removal of protected tret~S (trees 6 inches or over in diameter at 4.5 feet above the ground)
is to be limited to those areas identified as pad grading on the preliminary grading plan, on the
fuel-management plan, or within street- or utility-improvement areas. The final grading plan
shall show all protected trees or tree areas that are to be removed. * *
27. Trees to be retained or areas of trees to be retained shall be delineated with snow fencing prior'
to grading. Placement of the snow fencing shall be confirmed in the field at a preconstruction
meeting with Development Services Department staff. **
Biological Resources
28. The developer shall acquire all necessary agreements and/or permits from the Depm1ment of
Fish and Game and the U.S. Army Corps of Engineers for altering or working within any
natural drainage course, wetlands, or riparian habitat prior to the commencement of grading
activities and/or construction of utility and storm-drainage infrastructure. **
29. Prior to the commencement of grading activities and/or construction of utility and
storm-drainage, infrastructure, the applicant shall mitigate for the total net loss of up to
0.118 acre ofpermanently filled waters of the United States (vernal pool and riparian wetlands)
through the purchase of mitigation credits from a valid wetland mitigation bank as reviewed
and approved by the U.S. Army Corps of Engineers and the California Department ofFish and
Game. Required mitigation credits shall be secured prior to commencement of any grading or
other construction work that could directly impact jurisdictional waters. The applicant shall
provide evidence to Planning staff that mitigation credits have been secured.
30. The developer shall mitigate for the loss of 0.10 acre of vernal pool habitat and the assumed
vernal pool crustaceans under the Programmatic Formal Endangered Species Act Consultation
on Issuance of 404 Projects with Relatively Small Effects on Listed Vernal Pool Crustaceans
Within the Jurisdiction of the Sacramento Field Office, California (February 28, 1996). The
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vernal-pool-creation mitigation would be done as part of the "no-net-loss" wetland mitigation.
Required mitigation credits shall be secured prior to commencement of any grading or other
construction work that could directly impact the vernal pools.**
Fire and Emergency Services
31. Street-side fire hydrants are to be installed in accordance with the California Fire Code in
locations approved by the City Fire Marshal. Fire hydrants shall have a fire flow meeting
Appendix III "A" of the California Fire Code. In no case shall the water mains be less than 6
inches in diameter. If a hydrant is located on private property, adequate access shall be
provided to and around the hydrant as determined by the Fire Marshal. Hydrants shall be fully
operational prior to any unit construction.
32. Prior to any vertical constlUction, a minimum ofa20-foot-wide, all-weather-surfaceroad shall
be installed along with fire hydrants capable of the 1,000-gallon-per-minute fire flow for
firefighting purposes during construction.
33. All residences on lots adjacent to the open-space easement and all lots along Road "A" or
Court "A" at a distance greater than 600 feet from the intersection with Shasta View Drive
shall be equipped with residential fire sprinklers (Lots 7-22, 29-41, and 44-52). The applicant
has stated that residences .on all lots will be equipped with residential fire sprinklers. * **
34. A Vegetation Management/Fire Fuel Reduction Plan (VMFRP) shall be prepared and
submitted for approval by the City Fire Marshal and Development Services Director in
conjunction with subdivision improvement plans. The VMFRP shall address the portions of
the subdivision site adjac,ent to open-space easements. The VMFRP shall be prepared by a
registered professional forester or other qualified professional. As a part of the grading, all
required fuel-reduction work shall be completed as prescribed by the approved VMFRP and
with permission from the affected adjacent property owners. Ongoing maintenance of the
subdivision's fire-fuel management zones shall be the responsibility of future property owners.
The objectives of the VMFRP shall be to reduce fire-fuel loads to establish an adequate
fire-safety buffer for the single-family residential development, subject to the following
criteria:
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Two primary fuel-reduction areas shall be established as follows:
ZONE 1: This zone shall include the area within 100 feet of the unit. Within
Zone 1, 80 to 90 percent of the existing brush (manzanita, ceanothus, etc.) shall be
removed. Trees shall be saved except where approved subdivision improvements
will be located. Trees shall be limbed up to 8 feet. .
ZONE 2: This zone shall include a 1 OO-foot-wide band parallel and immediately
adjacent to the Zone 1 clearance area. Within Zone 2, vegetation shall be reduced so
that 50 percent of brush is cleared and trees are limbed up to 8 feet. Where crown
closure of existing vegetation is already 50 percent or less, no reduction in fuel load
is to occur.
35. Brush piles created from site clearing shall be removed by chipping, grinding, or removing
material to an appropriate facility for incineration. Limited minor burning may occur with
approval from the Fire Marshal.
36. Permanent, all-weather-access points for firefighting equipment shall be provided to the open-
space areas, ifnec,essary, from a location within the subdivision as reviewed and approved by
the Fire Marshal. The access shall have a minimum width of 15 feet and be surfaced with
concrete or another durable material if approved by the Fire Marshal. Provisions for the access
path shall be included on the final map and the subdivision improvement plans. The path shall
be constructed in accordance with approved plans prior to the recordation of the final map. **
37. Wood fences, including posts, shall be prohibited adjacent to all open-space areas; fences
adjacent to open space must be constructed of noncombustible material. * **
38. Future residential construction in the subdivision, including accessory buildings, shall comply
with the following standards:* **
a. The roof coverings of all homes within the subdivision shall be of Class "A"
fire-resistive materials.
b. Any projections from a structure adjacent to the open space, including, but not
limited to, decking, balconies, and patio covers, shall be enclosed on the sides and/or
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underside with approved I-hour fire-resistant material to prevent heat from exterior
fires from being trapped underneath the projection.
c. Structures constructed in such a manner that they are suspended on piers or pilings
over the hillside shall be enclosed underneath and on the sides by approved I-hour
fire-resistant material in such a manner as to prevent the underside of the structure
from being subject to heat or flame from the hillside below, or be sprinklered.
d. Attic and underfloor vents on buildings adjacent to the open space shall be screened
with ~-inch me:tal mesh screens to prevent entry or sparks or burning embers.
Venting shall not be located on the downhill side ofthe structure when the Uniform
Building Code, Venting Regulations, can be met without installation of downhill
venting.
Air Quality
39. The following Standard Mitigation Measures shall be applied during grading and construction
activities to control dust and PMIO emissions:* **
a. Nontoxic soil stabilizers shall be applied according to manufacturer's specification
to all inactive construction areas (previously graded areas inactive for 10 days or
more).
b. All grading operations shall be suspended when winds (as instantaneous gusts)
exceed 20 miles per hour.
c. Temporary traffic control shall be provided as appropriate during all phases of
construction to improve traffic flow (e.g., flag person).
d. Construction activities that could affect traffic flow shall be scheduled in off-peak
hours.
e. Active construction areas, haul roads, etc., shall be watered at least twice daily or
more as needed to limit dust.
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f. Exposed stockpiles of soil and other backfill material shall either be covered,
watered, or have soil binders added to inhibit dust and wind erosion.
g. All trucks hauling soil and other loose material shall be covered or should maintain
at least 2 feet of freeboard (i.e., minimum vertical distance between top of the load
and the trailer) in accordance with the requirements of CVC Section 23114. This
provision is enfi)rced by local law enforcement agencies.
h. All public roadways used by the project contractor shall be maintained free from
dust, dirt, and d(~bris caused by construction activities. Streets shall be swept at the
end of the day if visible soil materials are carried onto adjacent public paved roads.
Wheel washers shall be used where vehicles enter and exit unpaved roads onto paved
roads, or trucks and any equipment shall be washed offleaving the site with each trip.
1. Open burning of cleared vegetation shall be prohibited. Limited minor burning may
be allowed with approval from the Fire Marshal and the Air Quality Management
District. Cleared vegetation shall be treated by legal means other than open burning,
such as chipping, shredding, or grinding. Such methods shall be noted on
improvement plans. At no time shall open burning of materials generated by this
project occur at another site.
Noise
40. In order to attenuate noise from traffic on Shasta View Drive, the developer will install a
minimum 6-foot-high noise wall of decorative masonry block or equivalent durable,
noise-attenuating material along the project frontage of Shasta View Drive, with the exception
of the open-space drainage and easement areas. The noise-wall design and location shall be
indicated on the subdivision improvement plans and shall be installed with street-widening and
landscape improvements. The design ofthe wall shall be certified as adequate by an acoustical
engineer on the improvement plans. The height of the wall shall be reduced to 3 feet within
the vision triangle of the intersections of project streets with Shasta View Drive. The noise
wall shall be in place prior to occupancy of any single-family residence located within the
60LdnlCNEL dB noise contour area. **
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41. An acoustical analysis shall be submitted in conjunction with a building permit for residences
on Lots 1-3,25-26,38-43,44-46, and 50-52. Construction techniques shall be applied to
reduce interior noise levels to 45Ldn/CNEL Db. **
Open Space and Trails
42. Areas of 20 percent slope, drainage courses, riparian wetlands, and the slopes adjacent to
Gregory Pond shall be placed in open-space easements as indicated on the tentative map for
open-space, trail, and storm-drain/utility purposes. The open-space designation shall include
areas measured an average of 50 feet out from each side of the seasonal drainages in
accordance with Condition 5c of Parcel Map PM-14-03.
43. In-lieu park fees are to be paid in accordance with Chapter 17.42 of the Redding Municipal
Code prior to the recording of a final subdivision map. Park development fees shall be paid
for each lot prior to issuance of a building permit on the subject lot.
Landscape and Walls
44. At the time of installation of improvements on the Shasta View Drive frontage, a 15- foot-wide
landscape planter with offi;et, meandering sidewalk shall be installed. The landscape planter
shall incorporate the use of bermed sod, shrubs, and trees placed a minimum of 30 feet
on-center, or tree groupings.
45. This condition shall be recorded on the final map and noted in the title report. 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 of sale. The property owner(s)
shall consent to formation of a landscape maintenance district (LMD) for all irrigation,
landscape, and improvements installed within the Shasta View Drive public right-of-way. The
LMD shall also include repair and maintenance of the noise wall. Said district shall be formed
in accordance with the following:*
a. Prior to recordation of a final map, the property owner shall submit a landscape
maintenance district petition and consent form, a landscape maintenance agreement
form, and applicable application fees to the Planning Division. The district shall be
formed and the landscape installed or bonded for prior to issuance of a building
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permit for any structure within the subdivision. Formation of the district will
obligate each lot owner within the subdivision to participate in the district.
b. The landscape and associated irrigation system for the district shall be designed in
accordance with the specifications available from the Development Services
Department and installed in accordance with the final plans as approved by the City.
The landscape and irrigation plans shall be submitted to the Development Services
Department at the time the subdivision improvement plans are submitted to the
Engineering Division and are subject to approval prior to recordation of a final map.
c. The irrigation system shall be installed and accepted by the City in conjunction with
the public improvements within the subdivision; landscape improvements shall be
installed and acc:epted by the City prior to issuance of a building permit with the
subdivision.
d. The developer shall be responsible for all costs and fees associated with the
formation, installation, and connection to City water and electric utilities. Such fees
include, but are not necessarily limited to, formation costs, meter fees, connection
charges, benefit fees, inspection fees, and development fees. The developer shall
also be responsible for maintenance of the landscape and irrigation system until such
time as the district is formed and fees are 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.
Cultural Resources
46. If, during the course of development, any archeological, historical, or paleontological resources
are uncovered, discovered, or otherwise detected or observed, construction activities in the
affected area shall cease and a qualified archeologist or paleontologist shall be contacted to
review the find and advise the City of the site's significance. If the findings are deemed
significant, appropriate mitigation shall be required prior to any resumption of work on the
project. This requirement shall also apply during the construction of improvements required
as a condition of the subdivision and shall also be placed as a note on the face of the final
map. * **
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