t •
67. Since the Public Utilities Department signs the record map only when all of our conditions have been satisfied, Water Utility approvedmodifications can be made without further City Planning Commission review. 0 Park and Recreation
68. The removal, relocation, replacementor protectionof existing street trees to the specificationsof the Park and Recreation, Public Works and Planning Departments.
69. The installation of new street trees in accordance with the specificationsof the Park and Recreation Department. Street tree installation work may be deferred until issuance of building permit on each individual parcel. No Street Trees are required for private streets. All street trees shall be automatically irrigated and installed prior to occupancy.
70. Payment of all applicablepark development fees (local and regional/reserve) as mitigation for impact to park development and open space needs as generatedby the project (Note: Regional/Reserve Park fees not applicable to Open SpaceLot acreages; However, all other lots including street lots are subjectto Regional/ReservePark fees).
71. All reverse frontage and publiclandscape plansshall be subject to review and approval of the Park and Recreation, Planning and Public Works Departments.
72. Installation of full reverse frontage and public landscape improvements, walls and hadscape for all public landscape areas as may be required by the Planning Department, in accordance with the specifications of the Park and Recreation, Planning and Public Works Departments.
73. Irrigation systems serving public landscape areas shall be metered, controlled and valved separatelyfrom any private landscapeareas for both electrical and water services, as well as for irrigation valve control.
74. All public landscape areas and private open space areas and parkways shall be maintained through a Homeowner's Association.
75. Provide landscape and wall easements, subject to the approval of the Park and Recreation, Public Works and Legal Departments, for all reverse frontage and public landscape improvements that extend beyond the public right of way.
76. A multi- purposerecreational trail easement shall be grantedto the City along an alignment within the Alessandro Arroyo as approvedby the Planning, Park and Recreation and Public Works Departments, and the Recreational Trails 12- 195
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Steering Committee. It is anticipatedthe trail alignment will remain within the 100 year flood plain.
77. A minimum 10' wide multi- purposerecreational trail designatedfor non- motorizeduse and separatedfrom the residential lots by a minimum 6' block or wooden fence as determined by Planning Department, shall be constructed by the developer (or performance/labor material bonds executed for construction of trail) to the specificationsof the Public Works, Planning and Park and Recreation Departments.
78. Trail signageshall be placedalong the trail prior to recordation, or shall be incorporated into the performance/labor material bonds executed for construction of the trail.
79. A Covenant and Agreement for the maintenance of the landscapedparkways, reverse frontage and public landscape areas and medians, approvedas to form by the City Attorney, must be executed by the developer. The agreement shall outline the responsibilitiesand liabilities being assumed by the Home Owners Association ( HOA), upon acceptance of these landscape areas for private maintenance by the HOA.
GEN RAL INFORMATION
1. Appeal Information
a. Actions by the City Planning Commission, including any environmental finding, may be appealedto the City Council within fifteen calendar days after the decision. b. Appeal filing and processing information may be obtained from the Planning Department Public Information Section, 3rd Floor, City Hall.
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PLANNING COMMISSION HEARING DATE: JANUARY 17, 200.7- 2- MA C 2$ Request of Gabel, Cook and Becklund, on behalf of Dr. Hong, for a two- year time extension in which to record tentative Tract Map 28728, the proposedsubdivision of approximately151.8 vacant acres into approximately43 residential and five open space lots, generallysituated northerly of the Alessandro Arroyo, easterly of Hawarden Drive, southerly of Century Avenue and westerly of Alessandro Boulevard in the RC - Residential Conservation and O - Official Zones. The Planning Commission will also review the gradingplan for compliance with the City's Grading Ordinance.
D/ PRO~CT D . c mTTON
BAC
This proposalis a request for a time extension and gradingreview for tract map TM 28728, an RC- Residential Conservation zoned subdivision of approximately152 acres into 66 single family residential lots and five open space lots in the area bounded by Trafalgar Avenue to the north, Century Avenue to the east, the Alessandro Arroyo to the- south and Rolling Ridge Road to west.
TM 28728 partiallyimplementsplannedresidential case PD- 001-91 which dew on
approved
r 22, 1996,was recorded
Since original approvalof the project, Phase 1 of TM- 23027 creating twenty lots northerly of Century Avenue on approximately14 acres. The remainder of TM 23027 subsequentlyexpired. On January 22, 1998, the Planning Commission approvedTM- 28728, which is the same design as the expiredportions of TM 23027.
TM 28728 is divided into four phaseswhich have been or will be recorded separatelyas follows:
Phase 1
Phase 2
Phase 3
Phase 4
AN LYSIS
Lots 1 - 35, 80 - 86, portion of 89 and 92. This phaserecorded on July 16, 1998.
Lots 63 - 76, 90 and a portion of 89.
Lots 36 - 46, 77 -79, portion of 88, 91 and 93 (new open space lot proposed under this time extension).
Lots 47 - 62, 87 and a portion of 88.
Time Extension
EXHIBIT ff
Staff Report ( 1117102)
TM 28728 expired on July 22, 2000 and the applicantsubmitted a timely request for a time extension on July 19, 2000. However, an initial study is required to the review the grading per the requirementsof the Grading Ordinance, which became effective after the original map approval. The initial study includes an updated biological study and findings for 12- 198
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gradingexceptionsunder the GradingOrdinance, since portionsof the proposedsubdivision encroach into the limits of the Alessandro Arroyo. Scheduling of the time extension case has been delayedpendingcompletionof a new biological study, which has requirementsto be conducted at specifictimes of the year.
Due to the delay, the map now needs a two- year time extension extendingthe expirationdate to July 22, 2002. Since there have been no significant changes in the area since the last review of the map, staff is recommending approvalof the time extension subject to the conditions listed in this report. This map will be eligible for one additional one- year time extension.
As a matter of information, the applicantis advised that the plannedresidential development case, PD- 001-912, and the rezoning case, RZ- 006-912, implementingthis project also will need retroactive time extensions.
Grading
After TM 28728 was approvedin January 1998, the City adopteda new Grading Ordinance in November 1998. The Grading Ordinance is applicableto any project where a grading permit plan was not approvedprior to July 1, 1997. As such, the project, other than Phase 1, is subjectto review in accordance with the Grading Ordinance. As part of this review, it has been determined that deviations to the Grading Ordinance are required. A detailed descriptionof the requestedgradingdeviations are discussed later in this report. As a matter of information, gradingfor this tract was originally approvedin 1994 by the Environmental Protection Commission ( EPQ under EP- 016-912 and at that time careful consideration was given to protecting the natural terrain and the Alessandro Arroyo as required by the Alessandro Heights Standards for Grading and Arroyo Preservation document.
A number of minor changes to the map and grading arc proposed mostly to meet the requirementsof the Grading Ordinance as follows:
Minor gradingchanges are proposedto lots 37 through 42. Lot 37 has been reduced from 1. 34 acres to 1. 09 acres in size, allocating the remaining acreage as an open space lot (Lot 93 mis- numberedon the plan as lot 92).
Lots 38 through 40 have been redesignedfrom split level padsto single pads moved closer to the street, thereby reducing the amount of grading into the arroyo tributary that runs along the rear of these lots.
The pad sizes for Lots 41 and 42 have slightly increased in size but are in compliancewith the padsize limitations established under the City's Grading Ordinance.
All other aspects of the map, including street alignment, lot configuration, and open space are generallythe same as the previouslyapprovedmap.
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Arroyo Grading Deviations
The southerlyboundary of the site is traversed by the main branch of the Alessandro Arroyo, a major arroyo which is a designatedNatural Arroyo under the City's General Plan and Grading Ordinance. The map is designedto cluster lots around large, connected open space areas which are intended to include the prominentphysicalfeatures of the site, such as rock outcroppingsand the main branches of the Alessandro Arroyo. A number of tributaries to the Alessandro Arroyo also traverse the site. While portions of the tributaries will be retained as open space throughoutthe project, gradingdeviations are requiredfor lots 37-41, 43-49, 57-68, 77 and 78 and portionsof street lots C, E, F, H and I to allow the building pad and/or manufactured slopes to encroach into the fifty-foot developmentsetback and/or the limits of the Alessandro Arroyo and its tributary streams ( Exhibit `F').
The limits of the Alessandro Arroyo and the requiredfifty-foot setback established under the Grading Ordinance were established based on an analysisof topographicalmaps and aerial photos. The limits of the arroyo are those areas with slopes over thirty percent. It is often necessary to actually inspectthe site to determine more preciselythe arroyo limits. Based on several field visits to the site, staff noted that lots 37-40 were encroachingfairly close to a tributary of the arroyo. Per the request of staff, the applicantrevised the gradingfor these lots to avoid significantimpactsto the tributary. The lots have been redesignedinto single pads, and the padshave been daylightedto avoid slopes within proximity to the tributary.
Additionally, the redesignedgradingalso allows for an open space corridor that lines up with the open space areas of the adjacentmaps. To add to this open space area and to create a better connection the applicant created open space lot 93 by slightly reducing lot 37.
Additionally, lot 45 contains significant rock outcroppings in the rear portion of the pad which are noted for protectionin the submitted map. To insure that these rock outcroppings are protectedunder the proposedgrading, staff recommends that a detailed gradingplan be submitted for this lot for staff approval to determine the precise location of the rock outcroppings.
The remaining lots 41- 44,46- 49, 57-68 and 77-78 are located outside the main branch of the arroyo and lie on relatively flat surfaces or within portions of tributaries which are not topographicallyor visually significant.
Although the proposedstreet alignment has already been approved, grading deviations are now necessary to construct some of these streets. However, none of the proposedstreets lie within the actual arroyo.
With the changes noted to the grading and map design and conditions, staff can support all of the requestedgrading deviations for encroachments into the Arroyo and its tributaries.
Pad Size
A deviation is necessary for a proposedpad size in excess of the limits set by the Grading Ordinance for lot 49. The Grading Ordinance sets pad size limitations based on the average I
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natural slope (ANS) of the gradedarea. Lot 49 has an ANS 30. 6% and exceeds the maximum permittedpadsize of 18, 000-square-feet by 2, 300-square feet. In discussingthis matter with the applicantthe applicanthas agreedto revise the gradingso the pad does not exceed the permitted18, 000-square- feet.
SlopeHeight
The Grading ordinance permitsmanufactured slopes no higher than twenty-feet. As proposed, lots 49, 63, 64, and portionsof street lots C , E and H contain slopeshigher than twenty-feet and requirea gradingdeviation for slopeheight. There are four instances where slopeshigherthan twenty-feet are necessary for certain segments of the streets. The street configuration, as proposed, was based on a study of the natural terrain to limit the amount of gradingneeded and are therefore not recommended for change. Since these slopeswill not affect the arroyo and are necessary to construct the streets as approved, staff can support these deviations.
The remaining deviations for the above referenced lots consist of slopes up to a maximum of 30- feet. Due to the approvedconfigurationof these lots and streets, these slopes are necessary to limit gradingand protect the natural terrain to the greatest extent possibleand staff can support the requesteddeviations for slope height.
That the City Planning Commission:
a. APPROVE a two- year time extension and the proposedgrading plan, including gradingdeviations, for Tract Map-28728subjectto the recommended conditions of approvalbased on the following findings:
i. the development, as conditioned, is consistent with the Zoning Code and General Plan and with the intent of the Grading Ordinance; b. staff can make the necessary findings to support deviations to the Grading Ordinance as detailed in Exhibit ` H'.
there have been no significant changes in the surrounding area.
2. Determine that:
a. this proposedcase will not have a significant effect on the environment because of the mitigation measures described in this report and recommend that the City Council adopta Mitigated Negative Declaration; and b. there is evidence before the City that the proposedproject could have the potential for adverse effects on wildlife resources and the applicant is 12- 201
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responsiblefor payment of Fish and Game fees at the time the Notice of Determination is filed with the County.
A. Location/Zoning Map
B. General Plan Map
C. Aerial Photo
D. ApprovedTract Map-28728
E. UpdatedTract Map-28728
F. Grading ExceptionsChart
G. Applicant's Grading Deviation Justifications
H. Staff PreparedGrading Deviation Justifications
1. Planning Commission Staff Report Dated January 22, 1998 (with attached exhibits) 12- 202
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APPROVED CQNDITIONS FRO I A VARY 22, 1998WITH M ND D
MODIFICATIONS & XN RA INFORMATION NOTES
Case Number: TM- 28728 Meeting Date: January 17, 2002
COnITIONS All mitigation measures are noted by an asterisk Case Specific
Planning
Prior to Map Recordation
An open space easement shall be recorded for all areas within the boundaries of the 100 year flood plain and the setback therefrom aT- weWas7allareas designatedas open space, and for each lot all areas not proposedfor grading under this review subject to the approval of the Planning and Legal Departments. The easement should clearly specify that these areas are intended for open space purposes only and that no grading, construction or fencing is permitted. The open space areas within the open space easement are to be maintained by a Homeowner's Association or by an agreement with the Riverside Land Conservancy subjectto the approvalof the Planning and Legal Departments.
2. Lots 54 - 57 shall be redesignedto widen the street frontage of Lot 56 to allow the building padarea to be located at a lower elevation as conceptually shown on the staff's exhibit, subject to Planning Department review and approval.
3. Lots 53 and open space Lot 87 shall be combined as one open space lot.
4. The applicant shall prepare and record Covenants, Conditions, and Restrictions ( CC&Rs) and other documents as necessary subject to approval of the Planning and Legal Departments:
a. prohibiting any additional grading beyond the Arroyo Study standards;
b. restricting the pad elevations on Lots 54 - 57 as follows: Lot 54 - 1, 260; Lot 55 - 1, 265; Lot 56 - 1, 280; and Lot 57 - 1, 290; c. establishing a Homeowner's Association;
d. the keeping of livestock is prohibited;
e prohibiting further subdivision of any lots within this map. 12- 203
5- 3426 TM- 287281--- i-.. r'.. Tm.cmnn 1-- 17 2( 1)2
4b a
5. The City Planning Commission makes the necessary findings in the applicant's favor to grant the following variances. As justification, the applicant's written justificationsare referenced:
a. an overall average densitygreater than . 5 units/acre; b. parcelsless than two acres in size on lots with an average natural slope (ANS) greater than 15% ( lots 23-27, 29-32, 35-37, 39-49, 51- 56, 58-64 and 66-91);
C. parcelsless than five acres in size on lots with an ANS of 30% or greater (lots 33-34, 38, 50 & 65);
d. landlocked parcelslocated along private streets.
In addition to the applicant's findings, approvalof these variances will not affect the overall density or functioning of the map. The design, which proposes some lots with less than the required area, will more effectively preserve the topographyin a natural state and minimize grading. Although the lots will be technically landlocked, guaranteedaccess to a public street will be providedwith maintenance being the responsibilityof the affected property owners.
6. Reverse frontage walls shall be providedalong Century Avenue for lots 21 - 26 and carried through on the side yards for lots 85 & 86 and along Cresthaven Drive for lots 69, 71 & 72. Plans for all reverse frontage shall be submitted for Design Review for the Planning, Public Works and Park and Recreation Departments approval. A Homeowner's Association shall be responsiblefor maintenance of this reverse frontage area.
7. The reverse frontage wall for lots 21 - 26 should be placed at the top of the slope.
8. The reverse frontage areas should be combined into separate lots and maintained through a Homeowner's Association.
9. The unused portion of right- of-way from the existing cul- de-sac bulb of Cresthaven Drive shall be vacated. A separate submittal and filing fee is required.
10. Lots 88 and 89 should be split at the phasing line to create two new, numbered open space lots.
11. The phasingline for Phase 2 should follow the lot line of Lot C, the extension of Cresthaven Drive. Grading for the southerly extension of Cresthaven Drive shall be permitted to encroach into the designatedopen space. 12- 204
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12. Zoning Cases RZ- 006-912 shall be adoptedand PD- 001-912 finalized prior to or concurrently with the adoptionof this map. ( Both cases have expired andwilltequireretro-active time extensions.)
13. Easements shall be recorded as necessary to provide water to the adjoining lots to the north of Rolling RidgeRoad and that the developer stub the waters lines to all effected, contiguousproperties.
Prior to Grading Permit Issuance
14. The gradingplan shall be revised, subjectto Planning Department review and approval, to:
a. clearly indicate all pad and lot drainage, subject to review and approvalby the Planning and Public Works Departments. Cross lot drainagecovenants, if necessary, shall be subjectto Public Works and Legal Departments' review and approval.
b. Indicate that all rip-rap will be natural rock ( not blasted) and all visible drainage features will be color treated to blend in with the natural surroundings.
c. Indicate an interim erosion control program to be certified by the project engineer subject to Public Works Department review and approval.
d. Reflect City adoptedcontour grading policies. Prior to issuance of a building permit, the applicant's engineer shall submit a letter certifying the contouring of such required slopes in accordance with City adoptedstandards.
Indicate that gradingoperationswill be restricted to 7: 00 a. m. to 7: 00 p. m. weekdays, and 8: 00 a. m. to 5: 00 p. m. Saturdays. No construc- tion noise is permitted on Sundays or federal holidays.
Indicate the 100 year flood limits of the blue line stream to the satisfaction of the Public Works Department.
15. The Commission makes the necessary findings in the applicant's favor to grant the following grading deviations. As justification, the applicant's written justificationsare referenced:
a. to allow the building padand/or manufactured slopesfor lots 37-41, 43-49, 57-68, 77 and 78 and portions of street lots C, E, F, H and I to encroach into the limits of the Alessandro Arroyo; and
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b. to permitslopesin excess of twenty-feet for lots 49, 63, 64, and street lots C, E andH.
16. Prepareadetailedgradingplan at 111=40' scale' for lot 45 showingprotection of the existingrock outcroppings, subjectto Planning. Department:approval:
17. Final driveway grades and configurationswill be subject to review and approvalof the Fire Department.
18. Tract Map 28728 shall be recorded.
19. Landscapingand irrigation plansfor all manufactures slopesin excess of five feet in vertical height shall be submitted to and approvedby the Planning Department. The applicant's engineeror landscape architect shall submit a letter certifying to the installation of such required landscapingand irrigation facilities prior to the release of utilities.
20. In the event that joint access driveways are proposed, covenants shall be preparedsubject to the satisfaction of the Legal and Public Works Depart- ments.
21. The gradingplan shall be revised to reflect all design changesrecommended in this City Planning Commission report.
22. Adjacent property owner's approvalshall be obtained for all off- site grading.
Also, slope maintenance agreements for all slopes crossing property lines shall be recorded subjectto approvalof the Planning, Legal and Public Works Departments.
23. Prior to the issuance of grading permits for Phases 2-4, the applicant shall have a biological study preparedby a qualified biologist acceptableto the U. S. Fish and Wildlife Service to determine the presence or absence of the California Gnatcatcher. In the event portions of the site are occupied, the applicantshall obtain U.S. Fish and Wildlife Service prior to prior to grading permitissuance.
24. The applicant shall prepare a Coastal Sage Scrub and riparian enhancement plan subject to review and approval of the Planning Department prior to grading permit issuance for Phases 2- 4.
25. Manufactured slope ratios shall not exceed a maximum of 2: 1.
26. The applicant shall be responsiblefor erosion and dust control during both the grading and construction phasesof the project.
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27. Grading activity shall be in substantial compliance with the grading plan on file with this application.
28. Advisory: The RegionalWater Quality Control Board requiresthe prepara- tion and implementationof a Storm Water Pollution Prevention Plan SWPPP).
29. Advisory: Any disturbance of the "blue line streams" will require permitsand approvalfrom the State Department of Fish and Game and U. S. Army Corps of Engineers.
30. The applicant shall comply with the long term Stephen's Kangaroo Rat SKR) Habitat Conservation Plan ( HCP) and the City's policies for implementingthe HCP.
Prior to Building Permit Issuance
31. The 30- foot wide access road proposedfor Lot 92 shall be graded, with slopeslandscaped, a wall placedat the top of the slope and a gate installed at Century Avenue, on- site with adequate stacking space and vehicle turn- around area to Planning and Public Works specifications.
32. The applicant is advised that the project is in an area impacted by a CNEL noise level between 60 and 70 dBA. Dwelling units constructed within the noise impacts areas will have to be sound insulated to the specificationsof the Building Division.
34. Submit documentationof approvalby the Riverside CountyAirport Land Use Commission (ALUC) shall be submitted to the Planning Department. All Conditions. imposedby the ALUC shall be met to its satisfaction prior to map recordation, In. event the ALUC finds this map to be inconsistent with the Airport LandUse Plan, the case shall be consideredby the City Councilat a public "hearingconcurrentlywiththe ALUC appeal.
35. The applicantshall convey an avigation easement to the March Air Reserve Base (MARB) and the March Inland Port (MIP) to the satisfaction of the Legal' DepartmentandMARB/MIP. The applicant shall obtain approvalof the RiversideCounty Airport Land Use Commission and submit documenta- tion to PlanningDepartmentstaff.
36. Any fightingother than normallyassociatedwith a residential use, such as tennis. court lighting, will be reviewed by the PlanningDepartment in the DesignReview process. Any tennis court lighting is required to be hooded 12- 207
City Planning Commission January 17, 2002 10 5- 346 TM- 28728 V 46
and directed downward. In addition, the designshall avoid off-: site light spillage.
37. For purposes of measuring the front yard building setback line the private street will be considered a public street. All homes placedon these lots will have a front yard setback of 30- feet from the private street property line and 25- feet from the side and rear property lines. All other applicablestandards of the underlying RC - Residential Conservation Zone shall be met.
Standard Conditions
Planning
38. There iS a tifiltY 111011d, 6111Chillit I- . L isf~ . tile conditions an The new expirationdateof themap will be. Julyu, t, of 1c inap. expita Ion 22, 2002 and only one more time extension rec}uestis permit .t..e
39. In approving this case, it has been determined that the project has the potential for adverse effect on wildlife resources and the payment of fees pursuant to Section 711.4 of the Fish and Game Code is required.
Public Works
40. Dedication of right- of-way for Cresthaven Drive to 30 feet from monument centerline to Public Works specifications.
41. Installation of curb and gutter at 18 feet from monument centerline, sidewalk and matching paving on Cresthaven Drive to Public Works specifications.
42. Full half- street improvements required on Cresthaven Drive for the portion not lying completelywithin the boundaries of the map, total R/ W = 40 feet, curb and gutter at 18 feet from monument centerline to Public Works specifications. The unused portion of the right-of way for the cul- de-sac on Cresthaven Drive shall be vacated prior to recordation of this map.
43. The proposedprivate streets are to be designedand fully improved per the standards governingprivate streets, Resolutions 12006 and 15531.
44. Storm Drain construction will be contingent on engineer's drainage study. 12- 208
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rirv Plannin¢ Commission January 17, 2002 11
1 •
45. Off- site improvement plans to be approvedby Public Works and a surety postedto guaranteethe requiredoff- site improvements prior to recordation of this map.
46. Size, number and location of driveways to Public Works specifications.
47. Minimum design speedfor residential streets should not be less than 25 miles per hour with a 150 foot minimum sight distance.
48. Installation of sewers and sewer laterals to serve this project to Public Works specifications. However, septictanks will be allowed for lots that cannot reasonably be served by a gravity sewer.
49. Onsite disposalsystem (septic tank) acceptabilityshall be obtained for each lot of this map not served by sewer, to the satisfaction of the County Department of Environmental Health, prior to this map recording.
50. Removal and/or relocation of irrigation facilities, as required.
51. All property subjectto flooding from a 100-year storm shall be placed in the WC ( or other appropriateZone) prior to or concurrently with recordation of this map.
52. Ownership of property to be undivided prior to this map recording.
53. All security gates or facilities proposednow or in the future will be located on- site and adequatestacking space and vehicle turn- around area will have to be providedto Public Works specifications.
0 Fire Department
54. Requirementsfor construction shall follow the Uniform Building Code with the State of California Amendments as adoptedby the City of Riverside.
55. Construction plans shall be submitted and permittedprior to construction.
56. Any requiredfire hydrants shall be installed and operational prior to Fire Department release of permit.
57. Fire Department access is required to be maintained during all phases of construction.
58. Prior to map recordation the Fire Department recommends the following conditions be included in a recorded covenant to the satisfaction of the Legal and Fire Departments to ensure that future buyers are informed of these requirements:
12 5 - 3 4 8 TM- 28728
El
a. On- and off- site fire protection facilities shall be provided to the specificationsof the Fire Department.
b. The Building Division and Fire Department shall inspectand approve the property and structure for the intended use and all standards and regulationsshall be met.
C. Residential fire sprinklers shall be installed per City Ordinance 6019.
d. A public water system shall be provided and maintained. e. Streets and fire apparatus access roads shall meet public street standards.
Appropriateprovisions shall be made and approvedby the City resolution or agreement to insure streets are maintained and repairedwhen necessary in the event a homeowners association fails to do so.
Cul- de-sacs, where islands are provided, shall be a minimum of 106- feet in diameter, curb- to-curb, with a maximum fifty-foot diameter island.
Entry gate(s) shall meet Fire Department requirements for access and be equippedwith key box ( Knox) devices.
59. All dead-ends, caused by recordation of individual phasesof the map, in excess of 150-feet will be requiredto provide a temporary turnaround to the Fire Department's approval.
Public Utilities
60. All utilities shall be satisfactorily relocated, protected and/or replacedto the specificationsof the affected departments and agencies, and easements for such facilities retained as necessary.
61. The provision of utility easements, water, street lights and electrical undergroundand/or overhead facilities and fees in accordance with the rules and regulationsof the appropriatepurveyor.
62. Consideration for acceptance of a City maintained water system within private developments requiresthe following:
a. Easements will be provided as required by the Water Utility. This will include the entire width of private streets ( minimum 50- feet wide) and a graded strip (minimum 30- feet wide) elsewhere as needed.
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City Planning Commission January 17, 2002 13 5- 349 TM- 28728 r
b. Easements shall be kept clear of structures, trees and all other deep rooted plantswhich could interfere with the operation, maintenance and/or replacementof City water facilities. This includes medians.
C. The City Water Utility shall review and approve all construction and landscapingplans within the easement areas.
d. Private streets shall be constructed to Public Works specifications, including standard 6- inch curb and gutter to provide adequate drainage for flushing and flow testing.fire hydrants.
e. City water mains in private streets shall be ductile iron and shall be constructed beneath all transverse storm drain facilities. f. Installation of a 12- inch water main across the Alessandro Arroyo is of prime importance to the expansionand operationof the City 1440 zone on both sides of the arroyo. Therefore, the installation of a 12- inch water main in a gradedeasement is required, from the project boundary near the Arroyo Dam, to the nearest private street, as approved by the Water Utility and the Planning Departments.
Crossing the arroyo at the dam will also require the approvalof the Riverside County Flood Control District.
g. Compliancewith any other specialrequirementsof the Water Utility.
63. Applicable Water Utility fees and charges, will be required prior to record- ation.
64. Since the Public Utilities Department signs the record map only when all of our conditions have been satisfied, Water Utility approvedmodifications can be made without further City Planning Commission review.
Park and Recreation
65. The removal, relocation, replacementor protection of existing street trees to the specifications of the Park and Recreation, Public Works and Planning Departments.
66. The installation of new street trees in accordance with the specifications of the Park and Recreation Department. Street tree installation work may be deferred until issuance of building permit on each individual parcel. No Street Trees are required for private streets. All street trees shall be automatically irrigated and installed prior to occupancy.
67. Payment of all applicablepark development fees (local and regional/reserve) as mitigation for impact to park development and open space needs as 12- 211
rin, Pixnnina C. onu*ssiun Janum 17, 2002 14 5- 350 TM- 28728 6 6
generatedby the project (Note: Regional/Reserve Park fees not applicable to Open SpaceLot acreages; However, all other lots including street lots are subjectto Regional/ReservePark fees).
68. All reverse frontage and public landscapeplans shall be subjectto review and approval of the Park and Recreation, Planning and Public Works Departments.
69. Installation of full reverse frontage and public landscapeimprovements, walls and hardscape for all public landscape areas as may be required by the Planning Department, in accordance with the specificationsof the Park and Recreation, Planning and Public Works Departments.
70. Irrigationsystems servingpublic landscape areas shall be metered, controlled and valved separatelyfrom any privatelandscapeareas for both electrical and water services, as well as for irrigation valve control.
71. All public landscapeareas and private open space areas and parkwaysshall be maintained through a Homeowner's Association.
72. Provide landscape and wall easements, subject to the approvalof the Park and Recreation, Public Works and Legal Departments, for all reverse frontage and public landscape improvements that extend beyond the public right of way.
73. A multi- purposerecreational trail easement shall be grantedto the City along an alignment within the Alessandro Arroyo as approvedby the Planning, Park and Recreation and Public Works Departments, and the Recreational Trails SteeringCommittee. It is anticipatedthe trail alignment will remain within the 100 year flood plain.
74. A minimum 10' wide multi- purpose recreational trail designated for non- motorizeduse and separatedfrom the residential lots by a minimum 6' block or wooden fence as determined by Planning Department, shall be constructed by the developer (or performance/labor material bonds executed for construction of trail) to the specificationsof the Public Works, Planning and Park and Recreation Departments.
75. Trail signageshall be placedalong the trail prior to recordation, or shall be incorporated into the performance/labor material bonds executed for construction of the trail.
76. A Covenant and Agreement for the maintenance of the landscapedparkways, reverse frontage and public landscapeareas and medians, approvedas to form by the City Attorney, must be executed by the developer. The agreement shall outline the responsibilities and liabilities being assumed by the Home 19- 919 -
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Owners Association ( HOA), upon acceptance of these landscape areas for private maintenance by the HOA.
E INFORMATION
AppealInformation
a. Actions by the City Planning Commission, including any environmental fording, may be appealedto the City Council within fifteen calendar days after the decision. b. Appeal filing and processinginformation may be obtained from the Planning Department Public Information Section, 3rd Floor, City Hall. lrMtffSVCPWM\t = t. pf
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CITY COUNCIL
FINAL APPROVED CONDITIONS
TM- 28728 / PD- 001-912 City Council Meeting Date: May 14, 2002
APPROVED FROM JANUARY
MODIFICAITONS
CONDITLM All mitigation measures are noted by an asterisk a Planning
Prior to Map Recordation
I. An open space easement shall be recorded for all areas within the boundaries of the 100 year flood plain and the setback therefrom, all areas designatedas open space, and for each lot all areas not proposedfor grading under this review subjectto the approvalof the Planning and Legal Departments. The easement should clearly specify that these areas are intended for open space purposes only and that no grading, construction or fencing is permitted. The open space areas within the open space easement are to be maintained by a non-profitconservation organizationsuch as the Riverside Land Conservancy subjectto the approvalof the Planning and Legal Departments. The property shall be transferred either in fee title or an easement established to facilitate maintenance/stewardship by such an organization, or other mechanism and/or organization as approvedby Planning and Legal Departments.
2. Lots 54 - 57 shall be redesignedto widen the street frontage of Lot 56 to allow the building padarea to be located at a lower elevation as conceptually shown on the staffs exhibit, subject to Planning Department review and approval.
3. Lots 53 and open space Lot 87 shall be combined as one open space lot.
4. Shorten private street lot " C" to cul- de-sac in front of open space lot 88 with long driveways provided for lots 50, 51 and 52, subject to Planning and Public Works Departments approval.
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5. Provide gates at the entrance/exits to the project. The gates should meet all Fire, Police, Public Works and Planning Departments' requirements for design, turnarounds and locks.
6. Provide a trail across the subject property, between the Alessandro Arroyo and the northerlyboundary of the subjectproperty for eventual connection to Tiburon Knoll, subjectto approvalof the Planning Department.
7. The applicantshall prepare and record Covenants, Conditions, and Restric- tions ( CC&Rs) and other documents as necessary subjectto approval of the Planning and Legal Departments:
a. prohibiting any additional grading beyond the Arroyo Study stan- dards;
b. restricting the pad elevations on Lots 54 - 57 as follows: Lot 54 - 1, 260; Lot 55 - 1, 265; Lot 56 - 1, 280; and Lot 57 - 1, 290; c. establishing a Homeowner's Association;
d. the keeping of livestock is prohibited;
e. prohibiting further subdivision of any lots within this map.
8. The City Planning Commission makes the necessary findings in the appli- cant's favor to grant the following variances. As justification, the applicant's written justificationsare referenced in Exhibits 6, 7, & 8 (pages 4 & 5) of the original January 22, 1998 staff report:
a. an overall average density greater than . 5 units/ acre; b. parcels less than two acres in size on lots with an average natural slope (ANS) greater than 15% ( lots 23-27, 29-32, 35-37, 39-49, 51- 56, 58-64 and 66-91);
C. parcels less than five acres in size on lots with an ANS of 30% or greater (lots 33-34, 38, 50 & 65);
d. landlocked parcelslocated along private streets.
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preservethe topographyin a natural state and minimize grading. Although the lots will be technically landlocked, guaranteedaccess to a public street will be providedwith maintenance being the responsibilityof the affected property owners.
9. Reverse frontagewalls shall be providedalongCentury Avenue for lots 21 - 26 and carried through on the side yards for lots 85 & 86 and along Cresthaven Drive for lots 69, 71 & 72. Plans for all reverse frontage shall be submitted for Design Review for the Planning, Public Works and Park and Recreation Departments approval. A Homeowner's Association shall be responsiblefor maintenance of this reverse frontage area.
10. The reverse frontage wall for lots 21 - 26 should be placedat the top of the slope.
11. The reverse frontage areas should be combined into separate lots and maintained through a Homeowner's Association.
12. The unused portion of right- of-way from the existing cul- de-sac bulb of Cresthaven Drive shall be vacated. A separate submittal and filing fee is required.
13. Lots 88 and 89 should be split at the phasing line to create two new, numbered open space lots.
14. The phasingline for Phase 2 should follow the lot line of Lot C, the extension of Cresthaven Drive. Grading for the southerly extension of Cresthaven Drive shall be permittedto encroach into the designatedopen space.
15. Zoning Cases RZ- 006-912 shall be adoptedand PD- 001-912 finalized prior to or concurrently with the adoption of this map. ( Both cases have expired and will require retroactive time extensions.)
16. Easements shall be recorded as necessary to provide water to the adjoining lots to the north of Rolling Ridge Road and that the developer stub the waters lines to all effected, contiguous properties.
Prior to Grading Permit Issuance
17. The gradingplan shall be revised, subject to Planning Department review and approval, to:
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00 a. clearly indicate all pad and lot drainage, subject to review and approvalby the Planning and Public Works Departments. Cross lot drainagecovenants, if necessary, shall be subjectto Public Works and Legal Departments' review and approval.
b. Indicate that all rip-rap will be natural rock ( not blasted) and all visible drainage features will be color treated to blend in with the natural surroundings.
c. Indicate an interim erosion control program to be certified by the project engineersubject to Public Works Department review and approval.
d. Reflect City adoptedcontour gradingpolicies. Prior to issuance of a building permit, the applicant's engineer shall submit a letter certifying the contouring of such required slopes in accordance with City adoptedstandards.
e. Indicate that gradingoperationswill be restricted to 7: 00 a. m. to 7: 00 p. m. weekdays, and 8: 00 a. m. to 5: 00 p. m. Saturdays. No construc- tion noise is permittedon Sundays or federal holidays.
f. Indicate the 100 year flood limits of the blue line stream to the satisfaction of the Public Works Department.
18. The Commission makes the necessary findings in the applicant's favor to grant the following grading deviations. As justification, the applicant's written justifications and staff's supplementedjustifications are referenced in Exhibit G and staff's written justifications are referenced in Exhibit H, both of the January 17, 2002 staff report.
a. to allow the building pad and/or manufactured slopes for lots 37-41, 43-49, 57-68, 77 and 78 and portions of street lots C, E, F, H and I to encroach into the limits of the Alessandro Arroyo; and
b. to permit slopes in excess of twenty-feet in vertical height for lots 49, 63, 64, and street lots C, E and H.
19. Prepare a detailed gradingplan at 1 "=40' scale for lot 45 showing protection of the existing rock outcroppings, subject to Planning Department approval.
20. Final driveway gradesand configurations will be subject to review and approval of the Fire Department.
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21. Tract Map 28728 shall be recorded.
22. Landscapingand irrigationplansfor all manufactures slopesin excess of five feet in vertical height shall be submitted to and approvedby the Planning Department. The applicant's engineer or landscapearchitect shall submit a letter certifying to the installation of such requiredlandscapingand irrigation facilities prior to the release of utilities.
23. In the event that joint access driveways are proposed, covenants shall be preparedsubjectto the satisfaction of the Legal and Public Works Depart- ments.
24. The gradingplan shall be revised to reflect all designchangesrecommended in this City Planning Commission report.
25. Adjacentproperty owner's approvalshall be obtained for all off- site grading.
Also, slope maintenance agreements for all slopes crossing property lines shall be recorded subjectto approvalof the Planning, Legal and Public Works Departments.
26. Prior to the issuance of grading permits for Phases 2-4, the applicant shall have a biological study preparedby a qualified biologist acceptableto the U. S. Fish and Wildlife Service to determine the presence or absence of the California Gnatcatcher. In the event portions of the site are occupied, the applicantshall obtain U. S. Fish and Wildlife Service prior to prior to grading permit issuance.
27. The applicant shall prepare a Coastal Sage Scrub and riparian enhancement plan subject to review and approval of the Planning Department prior to grading permit issuance for Phases 2- 4.
28. Manufactured sloperatios shall not exceed a maximum of 2: 1.
29. The applicantshall be responsiblefor erosion and dust control during both the gradingand construction phasesof the project.
30. Gradingactivity shall be in substantial compliancewith the grading plan on file with this application.
31. Advisory: The Regional Water Quality Control Board requires the prepara- tion and implementation of a Storm Water Pollution Prevention Plan SWPPP).
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32. Advisory: Any disturbance of the " blue line streams" will requirepermitsand approvalfrom the State Department of Fish and Game and U.S. Army Corps of Engineers.
33. The applicant shall comply with the long term Stephen's Kangaroo Rat SKR) Habitat Conservation Plan ( HCP) and the City's policies for implementingthe HCP.
Prior to Building Permit Issuance
34. The 30- foot wide access road proposedfor Lot 92 shall be graded, with slopeslandscaped, a wall placedat the top of the slope and a gate installed at Century Avenue, on- site with adequate stacking space and vehicle turn- around area to Planning and Public Works specifications.
35. The applicant is advised that the project is in an area impactedby a CNEL noise level between 60 and 70 dBA. Dwelling units constructed within the noise. impacts areas will have to be sound insulated to the specifications of the Building Division.
36. Documentation of approval by the Riverside County Airport Land Use Commission ( ALUC) shall be submitted to the Planning Department. All Conditions imposedby the ALUC shall be met to its satisfaction prior to map recordation. In the event the ALUC finds this map to be inconsistent with the Airport Land Use Plan, the case shall be considered by the City Council at a public hearing concurrently with the ALUC appeal.
37. The applicantshall convey an avigation easement to the March Air Reserve Base ( MARB) and the March Inland Port ( MIP) to the satisfaction of the Legal Department and MARBIMIP. The applicant shall obtain approval of the Riverside County Airport Land Use Commission and submit documenta- tion to Planning Department staff.
38. Any lighting other than normally associated with a residential use, such as tennis court lighting, will be reviewed by the Planning Department in the Design Review process. Any tennis court lighting is required to be hooded and directed downward. In addition, the design shall avoid off site light spillage.
39. For purposes of measuring the front yard building setback line the private street will be considered a public street. All homes placed on these lots will have a front yard setback of 30- feet from the private street property line and TM- 28728 / PD- 001-912, Final Approved Conditions
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25- feet from the side and rear property lines. All other applicablestandards of the underlying RC - Residential Conservation Zone shall be met.
Standard Conditions
Planning
40. The new expirationdate of the map will be July 22, 2002 and only one more time extension request is permitted.
41. In approving this case, it has been determined that the project has the potential for adverse effect on wildlife resources and the payment of fees pursuant to Section 711.4 of the Fish and Game Code is required.
Public Works
42. Dedication of right- of-way for Cresthaven Drive to 30 feet from monument centerline to Public Works specifications.
43. Installation of curb and gutter at 18 feet from monument centerline, sidewalk and matching paving on Cresthaven Drive to Public Works specifications.
44. Full half- street improvements required on Cresthaven Drive for the portion not lying completelywithin the boundaries of the map, total R/ W = 40 feet, curb and gutter at 18 feet from monument centerline to Public Works specifications. The unused portion of the right- of-way for the cul- de-sac on Cresthaven Drive shall be vacated prior to recordation of this map.
45. The proposedprivate streets are to be designedand fully improved per the standards governing private streets, Resolutions 12006 and 15531.
46. Storm Drain construction will be contingent on engineer's drainage study.
47. Off- site improvement plans to be approvedby Public Works and a surety postedto guarantee the required off- site improvements prior to recordation of this map.
48. Size, number and location of driveways to Public Works specifications.
49. Minimum design speedfor residential streets should not be less than 25 miles per hour with a 150 foot minimum sight distance.
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50. Installation of sewers and sewer laterals to serve this project to Public Works specifications. However, septic tanks will be allowed for lots that cannot reasonablybe served by a gravity sewer.
51. Onsite disposalsystem (septic tank) acceptabilityshall be obtained for each lot of this map not served by sewer, to the satisfaction of the County Department of Environmental Health, prior to this map recording.
52. Removal and/or relocation of irrigation facilities, as required.
53. All property subjectto flooding from a 100-year storm shall be placedin the WC ( or other appropriateZone) prior to or concurrently with recordation of this map.
54. Ownershipof property to be undivided prior to this map recording.
55. All security gates or facilities proposednow or in the future will be located on- site and adequatestacking space and vehicle turn- around area will have to be providedto Public Works specifications.
Fire Department
56. Requirementsfor construction shall follow the Uniform Building Code with the State of California Amendments as adoptedby the City of Riverside.
57. Construction plans shall be submitted and permittedprior to construction.
58. Any requiredfire hydrants shall be installed and operationalprior to Fire Departmentrelease of permit.
59. Fire Department access is required to be maintained during all phases of construction.
60. Prior to map recordation the Fire Department recommends the following conditions be included in a recorded covenant to the satisfaction of the Legal and Fire Departments to ensure that future buyers are informed of these requirements:
a. On- and off- site fire protection facilities shall be provided to the specificationsof the Fire Department.
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b. The Building Division and Fire Department shall inspect and approve the property and structure for the intended use and all standards and regulationsshall be met.
C. Residential fire sprinklers shall be installed per City Ordinance 6019.
d. A public water system shall be providedand maintained, e. Streets and fire apparatus access roads shall meet public street standards.
Appropriateprovisionsshall be made and approvedby the City resolution or agreementto insure streets are maintained and repairedwhen necessary in the event a homeowners association fails to do so.
Cul- de-sacs, where islands are provided, shall be a minimum of 106-feet in diameter, curb- to-curb, with a maximum fifty-foot diameter island.
Entry gate(s) shall meet Fire Department requirements for access and be equippedwith key box ( Knox) devices.
61. All dead-ends, caused by recordation of individual phases of the map, in excess of 150- feet will be requiredto provide a temporary turnaround to the Fire Department's approval.
Public Utilities
62. All utilities shall be satisfactorily relocated, protectedand/or replacedto the specificationsof the affected departments and agencies, and easements for such facilities retained as necessary.
63. The provision of utility easements, water, street lights and electrical undergroundand/or overhead facilities and fees in accordance with the rules and regulationsof the appropriatepurveyor.
64. Consideration for acceptance of a City maintained water system within private developments requiresthe following:
a. Easements will be provided as required by the Water Utility. This will include the entire width of private streets ( minimum 50- feet wide) and a graded strip (minimum 30- feet wide) elsewhere as needed.
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b. Easements shall be kept clear of structures, trees and all other deep rooted plantswhich could interfere with the operation, maintenance and/or replacementof City water facilities. This includes medians.
C. The City Water Utility shall review and approve all construction and landscapingplanswithin the easement areas.
d. Private streets shall be constructed to Public Works specifications, including standard 6- inch curb and gutter to provide adequate drainagefor flushing and flow testing fire hydrants.
e. City water mains in private streets shall be ductile iron and shall be constructed beneath all transverse storm drain facilities. f. Installation of a 12- inch water main across the Alessandro Arroyo is of prime importance to the expansionand operationof the City 1400 zone on both sides of the arroyo. Therefore, the installation of a 12- inch water main in a gradedeasement is required, from the project boundary near the Arroyo Dam, to the nearest private street, as approvedby the Water Utility and the Planning Departments.
Crossing the arroyo at the dam will also require the approvalof the Riverside County Flood Control District.
g. Compliancewith any other specialrequirementsof the Water Utility.
65. Applicable Water Utility fees and charges, will be required prior to record- ation.
66. Since the Public Utilities Department signsthe record map only when all of our conditions have been satisfied, Water Utility approvedmodifications can be made without further City Planning Commission review.
Park and Recreation
67. The removal, relocation, replacementor protection of existing street trees to the specificationsof the Park and Recreation, Public Works and Planning Departments.
68. The installation of new street trees in accordance with the specificationsof the Park and Recreation Department. Street tree installation work may be deferred until issuance of building permit on each individual parcel. No Street Trees are required for private streets. All street trees shall be automatically irrigated and installed prior to occupancy.
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1 69. Payment of all applicablepark development fees (local and regional/reserve) as mitigation for impact to park development and open space needs as generatedby the project (Note: Regional/Reserve Park fees not applicable to OpenSpaceLot acreages; However, all other lots including street lots are subjectto Regional/ReservePark fees).
70. All reverse frontage and publiclandscapeplansshall be subjectto review and approval of the Park and Recreation, Planning and Public Works Depart- ments.
71. Installation of full reverse frontage and publiclandscape improvements, walls and hardscape for all public landscape areas as may be required by the Planning Department, in accordance with the specificationsof the Park and Recreation, Planningand Public Works Departments.
72. Irrigation systems servingpubliclandscapeareas shall be metered, controlled and valved separatelyfrom any private landscapeareas for both electrical and water services, as well as for irrigation valve control.
73. All public landscape areas and private open space areas and parkways shall be maintained through a Homeowner's Association.
74. Provide landscapeand wall easements, subject to the approval of the Park and Recreation, Public Works and Legal Departments, for all reverse frontage and public landscape improvements that extend beyond the public right of way.
75. A multi- purposerecreational trail easement shall be grantedto the City along an alignment within the Alessandro Arroyo as approvedby the Planning, Park and Recreation and Public Works Departments, and the Recreational Trails SteeringCommittee. It is anticipated the trail alignment will remain within the 100 year flood plain.
76. A minimum 10' wide multi- purpose recreational trail designated for non- motorizeduse and separatedfrom the residential lots by a minimum 6' block or wooden fence as determined by Planning Department, shall be constructed by the developer (or performance/labor material bonds executed for construction of trail) to the specifications of the Public Works, Planning and Park and Recreation Departments.
77. Trail signageshall be placed along the trail prior to recordation, or shall be incorporated into the performance/labor material bonds executed for construction of the trail.
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78. A Covenant and Agreement for the maintenance of the landscapedparkways, reverse frontageand public landscapeareas and medians, approvedas to form by the City Attorney, must be executed by the developer. The agreement shall outline the responsibilitiesand liabilities being assumed by the Home Owners Association ( HOA), upon acceptance of these landscape areas for privatemaintenance by the HOA.
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CITY OF RIVERSIDE COUNCILMEMBERS
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PUBLIC HEARINGS/ PLANNING REFERRALS AND APPEALS go
CASE P03- 1451 - APPEAL - TRACT MAP 31930 - CRESTHAVEN NLY. OF
ALESSANDRO ARROYO
Hearing was called to consider the appeal by Jim Guthrie, Friends of Riverside's Hills, and Robert and Susan Burton of the decision of the Planning Commission in approving Tract Map 31930 to subdivide approximately 86. 31 vacant acres into 29 residential and five open space lots located southerly of the terminus of Cresthaven Drive and northerly of Alessandro Arroyo in Zones RC and O. Eight people spoke regarding the matter. Two letters were presented and considered. Following discussion, the public hearing was officially closed. The City Council ( 1) upheld the decision of the Planning Commission in approving Case P03- 1451 subject to conditions; ( 2) adopted the staff report and environmental assessment as finding; ( 3) determined that the project would not have a significant effect on the environment because of the mitigation measures described in the staff report and adopted a Mitigated Negative Declaration; ( 4) found there is no ie- evidence that the proposed project will have any adverse effect on wildlife resources and the impacts of the project are found to be de minimis pursuant to Section 711.4 of the Fish and Game Code; and ( 5) requested the City Motion X Attorney's Office prepare a resolution setting forth the findings in support of Second X the Mitigated Negative Declaration and adopting a Mitigation Monitoring Ayes X X X X Program. Noes X
CASE P03- 1548 - APPEAL DENIED - PLANNED RESIDENTIAL
DEVELOPMENT - CRESTHAVEN NLY. OF ALESSANDRO ARROYO
Hearing was called to consider the appeal by Jim Guthrie of the decision of the Planning Commission in denying a revised planned residential development ( PD- 001-912) consisting of 29 single-family residences with private and common open space on approximately 86.31 vacant acres locat outh rl f thd te i f C ith D ld fhy oe s e e rm nus o res raven ve an y onort er Alessandro Arroyo in Zones RC and O. Eight people spoke regarding the Motion X matter. Two letters were presented and considered. Following discussion, Second X the public hearing was officially closed. The City Council upheld the decision Ayes X X X X of the Planning Commission in denying Case P03- 1548. Noes X CASE P04- 0260 - APPEAL - REZONING - CRESTHAVEN NLY. OF
ALESSANDRO ARROYO - ORDINANCE INTRODUCED
Hearing was called to consider the appeal by Susan and Robert Burton of the decision of the Planning Commission in approving the rezoning of approximately seven acres from Zone O to Zone RC located along the southerly portion of a 29- unit planned residential development situated A
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southerly at the terminus of the Cresthaven Drive and northerly of the Alessandro Arroyo. Eight people spoke regarding the matter. Two letters were presented and considered. Following discussion, the public hearing was officially closed. The City Council ( 1) upheld the decision of the Planning Commission in approving Case P04- 0260 subject to conditions; ( 2) adopted the staff report and environmental assessment as findings; (3) found that the proposed project would not have a significant effect on the environment based on the analysis and mitigation measures described in the environmental initial stud and ado ted a Miti ated Ne ative Declarationy p g g 4) found there is no evidence that the proposed project will have any potential for adverse effect on wildlife resources and the impacts of the project are found to be de minimis pursuant to Section 711.4 of the Fish and Game Code; ( 5) requested the City Attorney's Office prepare a resolution Motion X setting forth the findings in support of the Mitigated Negative Declaration and Second X adopt a Mitigation Monitoring Project; and ( 6) requested the City Attorney's Ayes X X X X E=. X Office prepare the appropriate rezoning ordinance. Noes X RECESS
The City Council recessed at 4: 15 p. m. and reconvened at 6: 15 p. m. with Mayor Pro Tempore Gage presiding in the absence of Mayor Loveridge and all members present except Councilmembers Adkison and Hart. A
CLOSED SESSION ANNOUNCEMENT
City Attorney Priamos announced there were no reportable actions taken on the closed sessions held earlier in the day.
Councilmember Adkison arrived during the following item. X
REPORT FROM HUMAN RESOURCES BOARD
Chair Prudence LaBeach Pollard reported on the activities of the Human Resources Board. Following discussion, the City Council thanked Ms. Pollard for her report.
The Pledge of Allegiance was given to the Flag.
PRESENTATIONS
Councilmember Schiavone presented the Celebrating Riverside award to Tammy Blackmore and Debbie Rawley for their contributions and leadershiproles in improving their neighborhood.
Mayor Pro Tempore Gage presented a Proclamation to D. Joy Goul d celebrating the 14thAnnual AIDS Walk.
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CITY COUNCIL
FINAL APPROVED CONDITIONS
P04- 0260 (Rezoning) City Council MeetingDate: September28, 2004 All mitigation measures are noted by an asterisk
Standard Conditions
Planning
1. Prior to finalization ofthe rezoningcase, the applicantshall obtain final authorization from the Riverside CountyFlood Control District or the applicant shall have acquired such property.
2. There shall be a two- year time limit in which to satisfy the approvedconditions and finalize this action. Subsequentone- year time extensions may be grantedby the City Council upon request bythe applicant. Any extension of time beyondfive years may only be grantedafter an advertised public hearingby the City Council.
3. When all of the conditions of approval have been completed, the applicant shall apply for a request for processingthroughthe Public Works Department to initiate finalization of this rezoning. A fee may be required.
4. All necessary parcel description describing the exact area to be rezoned shall be prepared, signedand sealed by a licensed Land Surveyoror Civil Engineerauthorized to practiceLand Surveyingin the State of California for the area of the property to be rezoned. Descriptions are required to be on 8'/2 inch by 11 inch paper with the title " Attachment A" at the top.
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CITYCOUNCIL
FINAL APPROVED CONDITIONS
P03- 1451 ( TM 31930) City Council Meeting Date: September28, 2004 All mitigation measures are noted by an asterisk
Case Specific
Planning
The City Planning Commission makes the necessary findings in the applicant's favor to grant the following variances. As justification, the applicant's written justifications are referenced:
a. parcels less than two acres in size on lots with an average natural slope (ANS) greater than 15% (37-39, 43-48, 50, 51, 53-55, 57-62 and 77- 79); b. a parcel less than five acres in size on lot 49 with an ANS of 30% or greater c. landlocked parcels located along private streets.
2. The Commission makes the necessary findings in the applicant's favor to grant the following grading exceptions. As justification, the applicant's written justifications are referenced:
a. to permit lots 37-41, 43 51, 57-62, 77, 78, Grass Valley Way, Cresthaven Drive, Century Hills Drive, a Flood Control access road, a water quality basin, and a sewer line to encroach within the limits and 50- foot development setback of the Alessandro Arroyo as defined in the GradingOrdinance; and b. to permit slopesin excess of twenty-feet for portions of Cresthaven and Century Hills Drives.
Prior to Map Recordation
3. Within 30 daysof the approvalof the tentative map by the City the developer/subdivider shall execute an agreement, approvedby the City Attorney's Office to defend, indemnify, including reimbursement, and hold harmless the City of Riverside, its agents, officers and employees from any claim, action, or proceedingagainst the City of Riverside, its agents, officers, or employeesto attack, set aside, void, or annul, an approval by the City's advisory agency, appealboard, or legislative body concerning this subdivision, which P03- 1451 and P04- 0260, Final Approved Conditions
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action is brought within the time period provided for in Section 66499.37 of the Government Code. The City will promptly notify the Developer/subdivider of any such claim, action or proceedingand the City will cooperate in the defense of the proceeding.
4. The applicantshall obtain final authorization from the Riverside County Flood Control District or the applicantshall have acquiredsuch property.
5. An open space easement shall be recorded for all areas within the boundaries of the 100 year flood plain and all non- gradedareas and for each lot all areas not proposedfor grading under this review subject to the approvalof the Planning Departmentand City Attorney's Office. The easement should clearly specifythat these areas are intended for open space purposes only and that no grading, construction or fencing is permitted. The open space areas within the open space easement are to be maintained by a non-profit conservation organization such as the Riverside Land Conservancy subject to the approvalof the PlanningDepartment and City Attorney's Office. The property shall be transferred either in fee title or an easement established to facilitate mainte- nance/ stewardshipby such an organization.
6. Lots 53 and open space Lot 87 shall be combined as one open space lot.
7. The applicant shall prepare and record Covenants, Conditions, and Restrictions CC&Rs) and other documents as necessary subject to approval of the Planning Department and City Attorney's Office. The CC&Rs shall contain the following conditions and restrictions:
a. prohibiting any additional grading beyond the Arroyo setback and 50- foot developmentsetback;
b. establishing a Homeowner's Association;
c. the keeping of livestock is prohibited;
d. prohibiting further subdivision of any lots within this map.
8. The unused portion of right- of-way from the existing cul- de-sac bulb of Cresthaven Drive shall be vacated. A separate submittal and filing fee is required.
9. Lots 88 and 89 should be split at the phasingline to create two new, numbered open space lots.
10. Planning Cases P04- 0260 and P03- 1548 shall be finalized.
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11. A 10 ft wide private waterline easement along the northerly line of Lot 55 shall be recorded as necessary to providefor connection to the projectwater system of two off- site parcelslying westerlyof Lots 54, 55 and 56. Two water service connections will be installed between the proposedwater main in Crest Haven Drive and the westerly line of Crest Haven Drive. No water meters on the two service lines shall be installed. The property owners of these two off- site parcelsshall be responsibleto pay all City water connection, facility, zone elevations and miscellaneous fees requiredto providewater to their parcels. Said property owners shall install the requiredservices across Lot 55 in said easement as necessary to providewater to their parcels.
Prior to Grading Permit Issuance
11. The proposedproject affects waters of the United States and waters of the State, which fall under the jurisdiction of the United States Army Corps of Engineers (USACE) and the California Department of Fish and Game ( CDFG), respectively. As such, the following agencieshave jurisdiction over this project, as necessary: the California Departmentof Fish and Game; the Army Corpsof Engineers; the U.S. Fish and Wildlife Service; and the California Regional Water Control Board. These agencies' approval will be required prior to gradingpermit issuance and the applicant is responsiblefor compliancewith all requirementsand conditions of these agencies.
12. Permanent loss of RSS will be mitigated at a ' greaterthan 3:1 ratio throughthe onsite preservation of 20.6 acres of RSS ( 9.6 acres moderate quality, 11 acres low quality) adjacentto the Alessandro Arroyo.
13. The permanent loss of jurisdictional waters will be offset by the expansionof the unnamed drainagefeature at a 1:1 ratio. The mitigation site will be located immediate downstream of the road crossingand adjacentto the proposeduplandwater quality bio- swale. It is anticipatedthat the bio- swale will provide sufficient hydrologyto support riparianvegetation.
14. A water quality bio- swale will be installed immediate downstream of the road crossing.
The bio- swale will be installed in an upland location to provide pretreatment of urban runoff priot to dischargeinto the drainage feature. The HOA will provide long term maintenance, consisting of installation of native grasses, and sediment removal as needed.
15. A three year maintenance and monitoring plan is proposed to ensure the successful establishment of the native cover within the mitigation area. Riparian vegetationwill be installed within the mitigation site consisting of native grasses.
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16. The projectsite is located within the Riverside County SKR Habitat Conservation Plan Fee Assessement Area, and therefore subject to current fee requirementsas administered by the City of Riverside.
17. The gradingplan shall be revised, subjectto PlanningDepartmentreview and approval, to:
a. clearly indicate all pad and lot drainage, subjectto review and approval by the Planning and Public Works Departments. Cross lot drainage covenants, if necessary, shall be subjectto Public Works and City Attorney's office Departments' review and approval.
b. Indicate that all rip-rap will be natural rock ( not blasted) and all visible drainage features will be color treated to blend in with the natural surroundings. c. Indicate an interim erosion control program to be certified by the project engineer subjectto Public Works Departmentreview and approval.
d. Reflect City adopted contour grading policies. Prior to issuance of a building permit, the applicant's engineershall submit a letter certifying the contouring of such required slopesin accordance with City adopted standards. e. Indicate that grading operations will be restricted to 7: 00 a. m. to 7: 00 p. m. weekdays, and 8: 00 a. m. to 5: 00 p. m. Saturdays. No construction noise is permitted on Sundaysor federal holidays.
f. Indicate the 100 year flood limits of the blue line stream to the satisfaction of the Public Works Department.
18. Prepare a detailed grading plan at 1 "=40' scale for lot 45 showing protection of the existing rock outcroppings, subjectto Planning Department approval.
19. Final driveway gradesand configurationswill be subjectto review and approvalof the Fire Department.
20. Tract Map 31930 shall be recorded.
21. Provide a trail across the subject property, between the Alessandro Arroyo and the northerly boundary of the subjectproperty for eventual connection to Tiburon Knoll, subjectto approvalof the PlanningDepartment.
22. Landscapingand irrigation plans for all manufactures slopes in excess of five feet in vertical height shall be submitted to and approved by the PlanningDepartment. The P03-1451 and P04-0260, Final ApprovedConditions
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applicant's engineeror landscape architect shall submit a letter certifying to the installation of such requiredlandscapingand irrigation facilities prior to the release of utilities.
23. In the event that joint access driveways are proposed, covenants shall be prepared subjectto the satisfaction of the City's Attorney Office and Public Works Departments.
24. The gradingplanshall be revised to reflect all designchangesrecommended in this City PlanningCommission report.
25. Adjacent property owner's approval shall be obtained for all off- site grading. Also, slope maintenance agreements for all slopescrossingproperty lines shall be recorded subjectto approvalof the Planning and Public Works Departmentsand City Attorney's Office
26. The applicant shall prepare a Coastal SageScrub and riparian enhancement plan subjectto review and approval of the Planning Departmentprior to grading permit.
27. Manufactured sloperatios shall not exceed a maximum of 2: 1.
28. The applicant shall be responsible for erosion and dust control during both the gradingand construction phasesof the project.
29. Gradingactivity shall be in substantial compliancewith the gradingplan on file with this application.
30. Advisory: The Regional Water Quality Control Board requiresthe preparation and implementationof a Storm Water Pollution Prevention Plan ( SWPPP).
31. Compliance with SCAQMD Rules 402 and 403 shall be followed in order to minimize air pollutant construction emissions. Additionally, the applicant will implement the following:
a) Regular watering, at least 3- times a day, of the construction site, including all unpaved parking or staging areas or unpaved road surfaces, shall be utilized in order to reduce the fugitive dust generatedduring grading and construction operations;
b) Replacegroundcoverin disturbed areas as quickly as possible; and c) Appoint a construction relations officer to act as a community liaison concerningon- site construction activity, including resolution of issues related to PM 10 generation.
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32. Advisory: Any disturbance of the " blue line streams" will require permits and approval from the State Department of Fish and Game and U.S. Army Corps of Engineers.
33. The applicant shall comply with the long term Stephen's Kangaroo Rat ( SKR) Habitat Conservation Plan (HCP) and the City's policies for implementing the HCP.
Prior to Building Permit Issuance
34. The applicantis advised that the projectis in an area impactedbya CNEL noise level between 60 and 70 dBA. Dwelling units constructed within the noise impactsareas will have to be sound insulated to the specificationsof the Building Division.
35. Submit documentation of approval by the Riverside County Airport Land Use Commission ( ALUC) shall be submitted to the PlanningDepartment. All Conditions imposedby the ALUC shall be met to its satisfaction prior to map recordation. In the event the ALUC finds this map to be inconsistent with the Airport Land Use Plan, the case shall be considered by the City Council at a public hearing concurrently with the ALUC appeal.
36. The applicant shall convey an avigation easement to the March Air Reserve Base MARB) and the March Inland Port (MIP) to the satisfaction of the City Attorney's Office and MARB/ MIP. The applicantshall obtain approval of the Riverside County Airport Land Use Commission and submit documentation to PlanningDepartment staff.
37. Any lighting other than normally associated with a residential use, such as tennis court lighting, will be reviewed by the PlanningDepartment in the Design Review process. Any tennis court lighting is requiredto be hooded and directed downward.
In addition, the designshall avoid off- site light spillage.
38. For purposes of measuringthe front yardbuilding setback line the private street will be considered a public street. All homes placedon these lots will have a front yard setback of 30- feet from the private street property line and 25- feet from the side and rear property lines. All other applicable standards of the underlying RC - Residential Conservation Zone shall be met.
39. If any of the mitigation measures contained herein conflict with the measures required by any of the resource agencieswith jurisdiction over this project, the applicant shall comply with mitigation measures imposed by the resource agency.
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Standard Conditions
Planning
40. There is a thirty month time limit in which to satisfy the conditions and record this map. Five subsequentone-year time extensions maybe grantedbythe City Planning Commission upon request by the applicant. Application for a one- year time extension must be made prior to the expiration date of the map. No time extension may be grantedfor applications received after the expiration date of the map.
41. In approvingthis case, it has been determined that the project has the potential for adverse effect on wildlife resources and the payment of fees pursuant to Section 711.4 of the Fish and Game Code is required.
Public Works
42. A "FINAL MAP" shall be processedwith the Public Works Departmentand recorded with the CountyRecorder. The "FINAL MAP" shall be preparedby a Land Surveyor or Civil Engineerauthorized to practiceLand Surveying I the State of California and shall comply with the State Subdivision Map Act and Title 18 of the Riverside Municipal Code. All applicable checking.and recording fees are the responsibility of the applicant.
43. Full improvement of interior streets based on private residential street standards.
44. Storm Drain construction will be contingenton engineer's drainagestudyas accepted by the Public Works Department.
45. Off- site improvementplansto be approvedby Public Works prior to recordation of this map.
46. The proposedprivate streets are to be designedand fully improvedper the standards governing private streets, Resolutions 12006 and 15531.
47. A surety preparedby Public Works to be posted to guarantee the required off- site improvements prior to recordation of this map.
48. Off- site improvement plans to be approvedby Public Works and a surety postedto guarantee the required off- site improvementsprior to recordation of this map.
49. Size, number and location of driveways to Public Works specifications.
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50. All security gates or facilities proposednow or in the future will be located on- site and adequatestackingspace and vehicle turn- around area will have to be provided to Public Works specifications. Securitygates shall be keypadactivated to provide access to the project for trash collection service.
51. Minimum design speedfor residential streets should not be less than 25 miles per hour with a 150 foot minimum sightdistance.
52. Installation of sewers and sewer laterals to serve this project to Public Works specifications. However, septictanks will be allowed for lots that cannot reasonably be 'served by a gravity sewer.
53. Onsite disposalsystem (septic tank) acceptabilityshall be obtained for each lot ofthis map not served by sewer, to the satisfaction of the County Department of Environ- mental Health, prior to this map recording.
54. Removal and/or relocation of irrigation facilities, as required.
55. All property subjectto flooding from a 100-year storm shall be placedin the WC ( or other appropriate Zone) prior to or concurrentlywith recordation of this map.
56. Ownership of property to be undivided prior to this map recording.
57. Trash collection service will not be provided on the common drive serving Lots 50- 53. An area shall be provided along Century Hills Drive to accommodate the placement of containers for automated collection. This requirement shall be incorporatedin the CC&R's for this project.
Fire Department
58. Requirementsfor construction shall follow the Uniform Building Code with the State of California Amendments as adoptedby the City of Riverside.
59. Construction plans shall be submitted and permittedprior to construction.
60. Any required fire hydrantsshall be installed and operationalprior to Fire Department release of permit.
61. Fire Department access is requiredto be maintained during all phasesof construction.
62. Prior to map recordation the Fire Departmentrecommends the following conditions be included in a recorded covenant to the satisfaction of the City Attorney's Office and Fire Departmentsto ensure that future buyersare informed of these requirements:
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