APPROVED CONDITIONS
P04- 0260 ( Rezoning) PLANNING COMMISSION HEARING DATE: August 19, 2004 CONDITIONS All mitigation measures are noted by an asterisk (*).
Standard Conditions
Planning
Prior to finalization of the mzoning case, the applicant shall obtain final authorization from the Riverside County Flood Control District or the applicantshall have acquiredsuch property.
There shall be a two- year time limit in which to satisfy the approved conditions and finalize this action. Subsequentone- year time extensions may be grantedby the City Council upon request by the applicant. Any extension of time beyond five years may only be grantedafter an advertised public hearingby the City Council.
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.
All necessary parcel description describingthe exact area to be rezoned shall be prepared, signed and sealed by a licensed Land Surveyor or Civil Engineer authorized to practice Land Surveying in the State of California for the area of the property to be rezoned. Descriptions are required to be on 8~ inch by 11 inch paper with the title " Attachment A" at the top.
GENERAL INFORMATION NOTES
1. Appeal Information
a. Actions by the City Planning Commission, including any environmental finding, may be appealedto the City Council within ten calendar daysafter the decision.
b. Appeal filing and processinginformation may be obtained from the Planning Department Public Information Section, 3rd Floor, City Hall. 12-6
6. 8.
9. Developer/subdivider of any such claim, action or proceedingand the City will cooperate in the defense of the proceeding.
The applicant shall obtain final authorization from the Riverside County Flood Control District or the applicant shall have acquiredsuch property.
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 proposed for grading under this review subject to the approval of the Planning Department and City Attorney's Office. 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- profit conservation organization such as the Riverside Land Conservancysubjectto the approval of the PlanningDepartment and City Attorney's Office. The property shall be transferred either in fee title or an easement established to facilitate maintenance/stewardshipby such an organization.
Lots 53 and open space Lot 87 shall be combined as one open space lot.
The applicant shall prepare and record Covenants, Conditions, and Restrictions ( CC&Rs) and other documents as necessary subjectto approvalof the Planning Departmentand City Attorney's Office. The CC&Rs shall contain the following conditions and restrictions:
a. prohibiting any additional grading beyondthe Arroyo setback and 50- foot developmentsetback;
b. establishinga Homeowner's Association;
C. the keepingof livestock is prohibited;
d. prohibiting further subdivision of any lots within this map.
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.
Lots 88 and 89 should be split at the phasing line to create two new, numbered open space lots.
Planning Cases P04- 0260 and P03- 1548 shall be finalized. de private watetline easement ~ long the northerly line of LOt 55 12-8
shall be recorded as necessary to provide for connection to the project water system of two off- site parcelslying westerly of Lots 54, 55 and 56. Two water service connections will be installed between the proposedwater main in Crest Haven Drive and the westerty~l~e of Crest Haven Drive. No water meters on the two service lines shall b~ i~ led. The property ovmers of thes~ two off- site parcelsshall be respoflsibl~,Io:pay all City water comon, facthty, zone elevations and~ m~scellaneous fees reqmred to providewater to their parcels. Said shall instatl.~e required es across Lot 55 in said easement as necessary to provide water to their parcels,
Prior to Grading Permit Issuance
12. 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 Departmentof Fish and Game CDFG), respectively. As such, the following agencieshave jurisdiction over this project, as necessary: the Caiifomia Department offish and Game; the Army Corps of Engineers; the U. S. Fish and Wildlife Service; and the California Regional Water Control Board. These agencies' approval will be required prior to grading permit issuance and the applicant is responsiblefor compliance with all requirementsand conditions of these agencies.
13. Permanent loss of RSS will be mitigated at a greater than 3:1 ratio through the onsite preservation of 20.6 acres of RSS ( 9.6 acres moderate quality, 11 acres low quality) adjacentto the Alessandro Arroyo.
14. The permanent loss of jurisdictional waters will be offset by the expansion of the unnamed drainagefeature at a 1:1 ratio. The mitigation site will be located immediate downstream of the road crossing and adjacentto the proposedupland water quality bio- swale. It is anticipatedthat the bio- swale will provide sufficient hydrology to support riparian vegetation.
15. 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 mnoffpriot to dischargeinto the drainagefeature. The HOA will provide long term maintenanqe, consisting of installation of native grasses, and sediment removal as needed.
16. A three year maintenance and monitoring plan is proposedto ensure the successful establishment of the native cover within the mitigation area.
Riparian vegetation will be installed within the mitigation site consisting of native grasses.
17. The project site is located within the RiVersideCounty SKR Habitat Conservation Plan Fee Assessement Area, and therefore subject to current fee requirements as administered by the City of Riverside.
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18. 19.
20. 21.
22. 23.
24. The grading plan shall be revised, subjectto Planning Department review 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 drainagefeatures 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 adoptedcontour 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 operationswill 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.
Prepare a detailed grading plan at 1 "=40' scale for lot 45 showing protection of the existing rock outcroppings, subjectto Planning Departmentapproval.
Final driveway gradesand configurations will be subjectto review and approval of the Fire Department.
Tract Map 31930 shall be recorded.
Provide a trail across the subject property, between the Alessandro Arroyo and the northeriy boundary of the subjectproperty for eventual connection to Tiburon Knoll, subjectto approval of the Planning Department.
Landscaping and irrigation plans for all manufactures slopesin excess of five feet in vertical height shall be submitted ~ o and approved by the Planning Department. The applicant's engineer or landscapearchitect shall submit a letter certifying to the installation of such required landscapingand irrigation facilities prior to the release of utilities. ,
In the event that joint access driveways are proposed, covenants shall be 12- 10
25. 26.
27. 28.
29. 30.
31. 32.
33. 34.
preparedsubjectto the satisfaction of the City's Attorney Office and Public Works Departments.
The grading plan shall be revised to reflect all designchangesrecommended in this City Planning Commission report.
Adjacent property owner's approval shall be obtained for all off- site grading.
Also, slopemaintenance agreements for all slopescrossingproperty lines shall be recorded subjectto approval of the Planning and Public Works Departments and City Attorney's Office
The applicant shall prepare a Coastal SageScrub and riparian enhancement plan subjectto review and approval of the Planning Department prior to grading permit.
Manufactured sloperatios shall not exceed a maximum of 2: 1.
The applicant shall be responsiblefor erosion and dust control during both the grading and construction phasesof the project.
Grading activity shall be in substantial compliance with the grading plan on file with this application.
Advisory: The Regional Water Quality Control Board requiresthe preparation and implementation of a Storm Water Pollution Prevention Plan ( SWPPP).
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- timesa day, of the construction site, including all unpavedparking or stagingareas or unpaved road surfaces, shall be utilized in order to reduce the fugitive dust generatedduring gradingand construction operations; b) Replacegroundcover in disturbed areas as quickly as possible; and
c) Appoint a construction relations officer to act as a community liaison concerning on- site iconstruction activity, including resolution of issues related to PM 10 generation.
Advisory: Any disturbance of the "blue linestreams" will require permits and approval from the State Department of Fiish and Game and U. S. Army Corps of Engineers.
The applicant shall comply with the long term Stephen's Kangaroo Rat ( SKR) 12-11
Habitat Conservation Plan 0tCP) and the City's policies for implementing the HCP.
Prior to Building Permit Issuance
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 specificationsof the Building Division.
36. Submit 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 heating concurrently with the ALUC appeal.
37. 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 applicant shall obtain approval of the Riverside County Airport Land Use Commission and submit documentation to Planning Department staff.
38. Any lighting other than normally associaled with a residential use, such as tennis court lighting, will be reviewed bythe Planning Department in the Design Review process. Any tennis court lighting is required to be hooded and directed downward. In addition, the designshall avoid off- site light spillage.
39. For purposes of measuringthe front yardIbuilding 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 25- feet from the side and rear property lines. All other applicable standards of the underlying RC -- Residential Conservation Zone shall be met.
40. If any of the mitigation measures contained herein conflict with the measures required by any of the resource agenciesWithjurisdiction over this project, the applicant shall comply with mitigation measures imposedby the resource agency.
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51. 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 provided to Public Works specifications. Security gates shall be keypad activated to provide access to the project for trash collection service.
52. Minimum design speedfor residential streets should not be less than 25 miles per hour with a 150 foot minimum sight distance.
53. Installation of sewers and sewer laterals to serve this project to Public Works specifications. However, septictanks will be allowed for lots that cannot reasonablybe served by a gravity sewer.
54. 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.
55. Removal and/or relocation of irrigation facilities, as required.
56. All property subjectto flooding from a 100-year storm shall be placedin the WC ( or other appropriate Zone) prior to or concurrently with recordation of this map.
57. Ownershipof property to be undivided prior to this map recording.
58. Trash collection service will not be provided on the common drive servingLots 50- 53. An area shall be provided along Century Hills Drive to accommodate the placementof containers for automated collection. This requirement shall be incorporatedin the CC&R's for this project.
Fire Department
59. Requirementsfor construction shall follow the Uniform Building Code with the State of California Amendments as adoptedby the City of Riverside.
60. Construction plans shall be submitted and permitted prior to construction.
61. Any required fire hydrants shall be installed and operational prior to Fire Department release of permit.
62. Fire Department access is requiredto be maintained during all phasesof construction.
63. Prior to map recordation the Fire Department recommends the followingconditions be included in a recorded covenant to the satisfaction of the City Attorney's Office and Fire Departments to ensure that future buyers are informed of these requirements:
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On- and off- site fire protection facilities shall be provided to the specifications of the Fire Department.
The Building Division and Fire Department shall inspect and approve the property and structure for the intended use and all standards and regulations shall be met.
c. Residential fire sprinklers shall be installed per City Ordinance # 6019. d. A public water system shall be provided and maintained.
Streets and fire apparatus access roads shall meet public street standards.
64. Appropriate provisions 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.
65. 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.
66. Entry gate(s) shall meet Fire Department requirements for access and be equippedwith key box (Knox) devices.
67. All dead-ends, caused by recordation of individual phasesof the map, in excess of 150-feet will be required to provide a temporary turnaround to the Fire Department's approval.
Public Utilities
68. All utilities shall be satisfactorilyrelocated, protected and/or replacedto the specifications of the affected departmentsand agencies, and easements for such facilities retained as necessary.
69. The provision of utility easements, water, street lights and electrical undergroundand/or overhead facilities and fees in accordance with the rules and regulations of the appropriate purveyor.
70. Consideration for acceptance of a City maintained water system within private developmentsrequiresthe following:
Easements will be provided as requiredby the Water Utility. This will include the entire width of private streets ( minimum 50- feet wide) and a gradedstrip (minimum 30- feet Wide) elsewhere as needed.
Easements shall be kept clear of structures, trees and all other deep rooted plants which could interfere with the operation, maintenance 12-15
71. 72.
73. 74.
and/or replacementof City water facilities. This includes medians.
The City Water Utility shall review and approve all construction and landscapingplanswithin the easement areas.
Private streets shall be constructed to Public Works specifications, including standard 6- inch curb and gutter to provide adequatedrainage for flushing and flow testing fire hydrants.
City water mains in private streets shall be ductile iron and shall be constructed beneath all transverse storm drain facilities. f. Compliance with any other special requirementsof the Water Utility.
Applicable Water Utility fees and charges, will be required prior to record- ation.
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.
Advisory: The provision of faithful performancebonds in accordance with the City of Riverside Water Rules.
Advisory: Specialrequirements are applicable for acceptance of public water system facilities within private streets.
Park and Recreation
75. The removal, relocation, replacement or protectionof existing street trees to the specifications of the Park and Recreation, Public Works and Planning Departments.
76. The installation of new street trees in accordancewith the specifications of the Park and Recreation Department. Street treeinstallation 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.
77. Payment of all applicable park developmentfees (local and regional/reserve) as mitigation for impact to park developn~ent and open space needs as generatedby the project (Note: Regional/Reserve Park fees not applicable to Open SpaceLot acreages; However, all o[ herlots including street lots are subject to Regional/Reserve Park fees).
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78. All reverse frontage and public landscapeplans shall be subjectto review and approval of the Park and Recreation, Planning and Public Works Departments.
79. Installation of full reverse frontageand public landscapeimprovements, walls and hardscapefor all public landscapeareas as may be required by the Planning Department, in accordance with the specifications of the Park and Recreation, Planning and Public Works Departments.
80. Irrigation systems servingpublic landscapeareas shall be metered, controlled and valved separatelyfrom any private landscapeareas for both electrical and water services, as well as for irrigation valve control.
81. All public landscapeareas and private open space areas and parkwaysshall be maintained through a Homeowner's Association.
82. Provide landscapeand wall easements, subjectto the approval of the Park and Recreation and Public Works Departments and City Attorney's Office, for all reverse frontage and public landscapeimprovementsthat extend beyondthe public right of way.
83. A multi- purposerecreational trail easement shall be granted to the City along an alignment within the Alessandro Arroyo as approved by 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.
84. 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.
85. A Covenant and Agreement for the maintenance of the landscapedparkways, reverse frontageand public landscapeareas and medians, approved as to form by the City Attorney, must be executed b~ the developer. The agreement shall outline the responsibilities and liabilities beingassumed by the Home Owners Association ( HOA), upon acceptance of these landscapeareas for private maintenance by the HOA.
GENERAL INFORMATION NOTES
Appeal Information
Actions by the City Planning Commission, including any
environmental finding, may be appealedto the City Council within fifteen calendar days after the decision.
Appeal filing and processinginformation may be obtained from the Planning Department Public Information Section, 3rd Floor, City Hall. 12- 17
GRESHAM SAVAGE NOLAN & TILDEN,
A PROFESSIONAL CORPORATION
Alicen Clark Won§
September2, 2004
Page3
Groceries and Restaurants - Within a 10- minute drive to the northwest of the project is the Riverside Plaza shopping center, which contains grocery and general merchandise stores including Trader Joes, Sav-On Drugs, and Sees Candy. Sit- down restaurants and fast food eateries include: Islands, Fazollis, Spoons, and Wendy's.
Regional Mall - Within a 15- minute drive from the project is the Tyler Mall, located southwest o£ the project, off the 91 Freeway at the Tyler exit.
Freeway Access: Access to the 91 Freeway is about 10- minutesaway, off Arlington Avenue, to the northwest of the project. Access to the 215 freeway is about 15- minutesaway, off Alessandro Boulevard, to the east of the project.
C. . Public Facilities:
Taft Park, Castleview Park, and Sycamore Canyon Wilderness Park.
2. The property enjoys excellent access from the following adjoining public streets:
Alessandro Boulevard, the main circulation street, from Trafalgar to the west, and Century to the east.
3. The design of the project exhibits superior utilization of the site as evidenced by the following criteria:
a) Varied placement of buildings demonstrating sensitivity to the natural topographicfeatures of the site. The lots have been clustered around the proposed streets to maximize the remaining acreage into the largest possibleopen space lots. In this case, the open space lots include lot 88 at 34.67 acres, lot 89 at 4. 54 acres, lot 91 at 1. 69 acres, and lot 92 at 25 acres, for a total of 41.15 acres of open space. Without clustering the 86- acre site would be subdivided, and the open space would consist of the ungradedareas outside the building pad on each individual lot. The open space lot resulting from clustering would be far superior as a mechanism to preserve open space in perpetuity, that the open space areas on individual lots.
Because open space lots can be deed restricted so the open space can be preservedin perpetuity, open space on privately owned lots cannot be preservedby deed restriction. b) Retention of unique natural features of the site and incorporation of such features into the project's overall design. By clusterin~ the lots around the streets outside the Arroyo area, the project proposes to dedicate to open Apace28% of the developable acreage contained in the original 165- acre project (TM 23027). 12- 24
GRESHAM SAVAGE NOLAN & TILDEN,
A PROFESSIONAL CORPORATION
Alicen Clark Wong
September2, 2004
5. The project contains varied building elevations exhibiting excellence of design that complementeach other and the surrounding area.
TM 31930 will be requiredto submit all proposedelevations to the Design Review Board for review and approval. This review process will ensure that the project will comply with the City's parking and RC- zone standards.
In summary, Lot 53, which was deleted from TM 28728 in 1998, should be retained in TM 31930, based on the PRD criteria referenced above, and the City Council should also delete TM 31930 Condition of Approval6.
Enclosures
Very truly yours,
Alicen Clark Wong, of
GRESHAM SAVAGE
NOLAN & TILDEN,
A Professional Corporation
N:\ G39%000 XAppealPRD and TM 31930 COA 6. doe
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To: Honorable Mayor and Members of the City Council of Riverside From: Friends of Riverside's Hills
Re: Appeal of Planning Case P03- 1451 26 Aug 2004
revised 2 Sept2004)
We would like to appealto the City Council the decision of the City of Riverside Planning Commission on the Planning Case P03- 1451 ( proposed tract map 31930). The Friends of Riverside's Hills oppose the approvalof this tract map, the grantingof associated variances and exceptions, and the approvalof a NegativeDeclaration on the Environmental Initial Study. We submitted letters to the PlanningCommission detailing our reasons on 25 Mamh 2004 and on 18 Aug 2004, and we refer you to those letters.
The Friends of Riverside's Hills has never opposeddevelopment. However, we do oppose inappropriate developmentplans. Specifically, we oppose developmentplansthat flaunt the restrictions placed on development by the Municipal Code, particularly within the RC zone. The regulations applying to the RC zone are the mechanisms for upholding the wishes that the voters of the City of Riverside expressedin passage of the measures R and C. These measures were intended to " facilitate the preservationof Riverside's scenic hills, ridgelines, arroyos, and wildlife areas" ( quoted from the title of Measure C).
We believe that upholding these regulations is crucial in the City's quest to attract entrepreneurs and community leaders to come and live in Riverside. Often such people have the choice of living closer to the beach in Orange County, but may be attracted by the quality of our unobtrusive, spacious, and environmentally sensitive development within the RC- zoned areas. However, retaining this quality relies on following our zoning and grading ordinances.
The tract map 31390 approvedby the Planning Commission has 28 homes. Of these 28, 22 require grading exceptions, 23 require lot size variances, 4 require lot width variances, and all require variances for being landlocked parcels. We recognizethat variances and gradingexceptionscan and should be grantedto specific lots under specialcircumstances; however, in this case it is clear that the excessive grantingof variances and exceptions with at least two variances AND one grading exception on 21 of the 28 lots) goes beyondthe usual quasi-judicialrole of approving grading exceptionsand variances under exceptionalor specialcircumstances to the point of assuming a legislative role that circumvents the Municipal Code regarding development .on RC zoned land.
Added to this list of exceptions and variances are grading exceptionsrequired for all of the roads ( Grass Valley Way, Cresthaven Drive, and Century Hills Drive), a flood control access road, a sewer line and its access road, and a water quality basin. These exceptions include two manufactured slopes in excess of twenty feel, one of which is in an extremely sensitive area in the middle of the natural open space area within the Alessandro Arroyo.
Part of the road building involves encroachment onto an area of jurisdictional waters Waters of the US) which may also qualify as a wetland ( two evaluations disagreeon this point, but the later one, which argued that this was not a wetland, was completed after a prolonged drought, perhapsbiasing the conclusion).
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The development was intended to be part of a Planned Residential Development (PRD).
Staff contend that the PRD is still current; however, with the expirationof the associated tract map the conditions of the PRD permit expired, and hence the incompletepart of the PRD also expired. It has not been renewed. Furthermore, the definition ofa PRD
19. 04.403) states that it must be "developed as a whole in a single developmentoperation or a programmedseries of developmentoperationsin accordance with comprehensiveand detailed planswhich include the circulation system, parking facilities, open space, building sites, floor plans and elevations, togetherwith a program for provision, operation and maintenance of such areas, improvements, facilities and services providedfor common use of the residents thereof." We note that there are no floor plansor elevations available, nor are there is there a " program for provision, operationand maintenance" of the open space area. Thus the basic requirementsfor a PRD are not satisfied for this tract map.
The old PRD has already utilized about 14.8 acres of the area under discussion. This acreage must be set aside as open space, so that the present proposal occupiesabout 49.0 acres of buildable land ( see our letter of 18 August 2004 for more details). Part of this acreage is not owned by the applicants. It is owned by the Flood Control District. The approvalof the old tract map 28728 in 1998 included the Flood Control Land in the calculation total area ( and the prior 1994 calculation probablydid so as well), and yet after at least 6 years the applicantshave failed to justify that density calculation by purchasing the land. Since the applicantsneither own the property, nor is the property in escrow, we believe that the approval of the planning commission to rezone the land from O zone to RC was premature. We do not know if the sale will occur, and if it does, we do not know what restrictions may be placed on the use of the land. It is therefore inappropriateto include this land in the proposedtract map.
Some of the reasons why a Neg. Dec. cannot be approvedfor this project are outlined in our previous letters, and we will add further detail later. However, a crucial factor that prohibits approving a Neg. Dec. is the omission of serious consideration of the constraints imposed by the Hawarden Hills SpecificPlan ( HHSP). First, the Plan emphasizesthe lowering of housing density towards the Alessandro Arroyo. In this tract map, this does not occur at the eastern and western ends. Most noticeable, there are the two clusters of homes ( lots 43-46 and 47-49) that encroach into the main Alessandro Arroyo and will be very detrimental to the natural open space of the Arroyo. Second, the HHSP requiredthe creation of a trail corridor from Tiburon Knoll to the Alessandro Arroyo. Note that the specificationwas not for a trail, but for a trail corridor occupying an anticipated 15 acres.
This corridor area is shown in the HHSP plan within the area of TM 31390. No trail corridor has been included in the designof the tract map; in fact there is not even a trail included in the tract map. Condition 22 of the tract map requiresthat the applicants provide "a trail across the subject property for eventual connection to Tiburon Knoll"; however, this does not state that the trail must reach the Alessandro Arroyo, it does not state that it cannot be along a road, and it does not state the width of the trail. The approvedtract map CANNOT incorporate an open space trail from the Alessandro Arroyo to the area north of lots 56 and 57 (as shown in the HHSP) utilising the defined open space. The options for such a trail that satisfy the requirementsof the HHSP must be considered as part of an EIR.
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EXHIBIT 1
RECOMMENDED CONDITIONS
Case Number: P03- 1451 ( TM 31930) City Council Meeting Date: September28, 2004 Ill mitigationmeasuresarenotedbyanasterisk (*).CONDITIONSCaseSnecificPlanning1.TheCityPlanningCommissionmakesthenecessaryfindingsintheapplicant's favortograntthefollowingvariances. As
6. 7.
8. 9.
10. year flood plain and all non- gradedareas and for each lot all areas not proposedfor grading under this review subjectto the approval of the Planning Department and City Attorney's Office. The easement should clearly specify that these areas are intended for open space purposes only and that no grading, construction or fencingis 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 Planning Department and City Attorney's Office. The property shall be transferred either in fee title or an easement established to facilitate maintenance/stewardship by such an organization.
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.
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.
Lots 88 and 89 should be split at the phasingline to create two new, numbered open space lots.
Planning Cases P04- 0260 and P03- 1548 shall be finalized.
A 10 ft wide private waterline easement along the northerly line of Lot 55 shall be recorded as necessary to provide for connection to the project water system of two off- site parcelslying westerly of 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 pamels shall be responsible to pay all City water connection, facility, zone elevations and miscellaneous fees required to provide water to their parcels. Said property owners shall Installthe required services across Lot 55 in said easement as necessary to provide wa~er to their parcels.
Prior to Grading Permit Issuance
11. The proposed project affects waters of the Uflited States and waters of the State, which fall under the jurisdiction of the United State~ Army Corps of Engineers (USACE) and the California Department of Fish and Game ( CDFG), respectively. As such, the following agencies have jurisdiction over this project, as necessary: the California Department ofFish and Game; the Army CorlSsof Engineers; the U. S. Fish and Wildlife Service; and the California Regional W_at_er C~ on_trol Board. These agencies' approval
12. 13.
14. 15.
16. 17.
will be required prior to grading permit issuance and the applicantis responsiblefor compliance with all requirements and conditions of these agencies.
Permanent loss of RSS will be mitigated at a greater than 3:1 ratio through the onsite preservation of 20.6 acres of RSS ( 9.6 acres moderate quality, 11 acres low quality) adjacent to the Alessandro Arroyo.
The permanent loss of jurisdictional waters will be offset by the expansion of the unnamed drainagefeature at a 1:1 ratio. The mitigation site will be located immediate downstream of the road crossingand adjacentto the proposedupland water quality bio- swale. It is anticipatedthat the bio- swale will provide sufficient hydrology to support riparian vegetation.
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 drainagefeature. The HOA will provide long term maintenance, consisting of installation of native grasses, and sediment removal as needed.
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.
The project site is located within the Riverside County SKR Habitat Conservation Plan Fee Assessement Area, and therefore subjectto current fee requirementsas administered by the City of Riverside.
The gradingplan shall be revised, subjectto Planning Departmentreview and approval, to:
a. clearly indicate all pad and lot drainage, subject to 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 Department review and approval.
d. Reflect City adopted contour grading policies. Prior to issuance of a building permit, the applicant's engineer shall submit a letter certifying the contouring of such required slopesin accordance with City adoptedstandards. e. Indicate that grading operations will he 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. ' 1 2- 39
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. 20.
21. 22.
23. 24.
25. 26.
27. 28.
29. 30.
31. Final driveway gradesand configurations will be subjectto review and approvalof the Fire Department.
Tract Map 31930 shall be recorded.
Provide a trail across the subject property, between the Alessandro Arroyo and the northerly boundary of the subject property for eventual connection to Tiburon Knoll, subject to approval of the Planning Department.
Landscapingand irrigation plans for all manufactures slopesin excess of five feet in vertical height shall be submitted to and approvedby the Planning Department. The applicant's engineer or landscape architect shall submit a letter certifying to the installation of such required landscapingand irrigation facilities prior to the release of utilities.
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.
The grading plan shall be revised to reflect ali designchangesrecommended in this City Planning Commission report.
Adjacent property owner's approval shall be obtained for all off- site grading. Also, slopemaintenance agreements for all slopescrossingproperty lines shall be recorded subjectto approval of the Planning and Public Works Departments and City Attomey's Office
The applicantshall prepare a Coastal SageScrub and riparian enhancement plan subject to review and approval of the Planning Department prior to grading permit.
Manufactured sloperatios shall not exceed a maximum of 2: 1.
The applicant shall be responsiblefor erosion and dust control during both the grading and construction phasesof the project.
Grading activity shall be in substantial compliance with the grading plan on file with this application.
Advisory: The Regional Water Quality Control Board requires the preparation and implementation of a Storm Water Pollution Prevention Plan ( SWPPP).
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:
Regularwatering, at least 3 -times a day, of the construction site, including all unpaved parking or staging areas 6r unpavedroad surfaces, shall be utilized in order to reduce the fugitive dust generated during grading and construction 12- 40
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.
32. Advisory: Any disturbance of the "blue line streams" will require permits and approval from the State Department ofFish and Game and U. S. Army Corps of Engineers.
33. The applicant shall comply with the long term Stephen's KangarooRat (SKR) Habitat Conservation Plan ( HCP) and the City's policies for implementing the HCP.
Prior to Building Permit Issuance
34. 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 specificationsof the Building Division.
35. Submit 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.
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 applicant shall obtain approval of the Riverside County Airport Land Use Commission and submit documentation to PlanningDepartment staff.
37. 38.
39. Any lighting other than normally associated with a residential use, such as tennis court lighting, will be reviewed by the Planning Departmentin the Design Review process.
Any tennis court lighting is requiredto be hooded and directed downward. In addition, the design shall avoid off- site light spillage.
For purposes of measuringthe 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 applicable standards of the underlying RC -- Residential Conservation Zone shall be met.
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. 12-41
50. 51.
52. 53.
54. 55.
56. 57.
58. 59.
60. 61.
62. 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 providedto Public Works specifications. Securitygates shall be keypadactivated to provide access to the project for trash collection service.
Minimum designspeedfor residential streets should not be less than 25 miles per hour with a 150 foot minimum sight distance.
Installation of sewers and sewer laterals to serve this project to Public Works specifications. However, septictanks will be allowed for lots that cannot reasonablybe served by a gravity sewer.
Onsite disposalsystem (septic tank) acceptability shall 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.
Removal and/or relocation of irrigation facilities, as required.
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.
Ownership of property to be undivided prior to this map recording.
Trash collection service will not be provided on the common drive servingLots 50- 53.
An area shall be provided along Century Hills Drive to accommodate the placementof containers for automated collection. This requirement shall be incorporated in the CC& R's for this project.
Fire Department
Requirementsfor construction shall follow the Uniform Building Code with the State of California Amendments as adoptedby the City of Riverside.
Construction plans shall be submitted and permitted prior to construction.
Any required fire hydrants shall be installed and operational prior to Fire Department release of permit.
Fire Department access is requiredto be maintained during all phasesof construction.
Prior to map recordation the Fire Department recommends the following conditions be included in a recorded covenant to the satisfaction of the City Attorney' s Office and Fire Departments to ensure that future buyers are informed of these requirements:
On- and off- site fire protection facilities shall be provided to the specifications of the Fire Department.
The Building Division and Fire Department Shall inspect and approve the property and structure for the intended use and all standards and regulations shall be met.
Residential fire sprinklers shall be installed per City Ordinance # 6019. 12- 43
63. 64.
65. 66.
67. 68.
69. A public water system shall be providedand maintained.
Streets and fire apparatus access roads shall meet public street standards.
Appropriate provisions 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 requirementsfor access and be equippedwith key box ( Knox) devices.
All dead-ends, caused by recordation of individual phasesof the map, in excess of 150- feet will be required to provide a temporary turnaround to the Fire Department's approval.
Public Utilities
All utilities shall be satisfactorily relocated, protected and/or replaced to the specificationsof the affected departmentsand agencies, and easements for such facilities retained as necessary.
The provision of utility easements, water, street lights and electrical undergroundand/or overhead facilities and fees in accordance with the rules and regulations of the appropriatepurveyor.
Consideration for acceptance of a City maintained water system within private developmentsrequiresthe following:
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 gradedstrip (minimum 30- feet wide) elsewhere as needed.
Easements shall be kept clear of structures, trees and all other deeprooted plants which could interfere with the operation, maintenance and/or replacement of City water facilities. This includes medians.
The City Water Utility shall review and approve all construction and landscapingplans within the easement areas.
Private streets shall be constructed to Public Works specifications, including standard 6- inch curb and gutter to provide adequatedrainagefor flushing and flow testing fire hydrants.
City water mains in private streets shall be ductile iron and shall be constructed beneath all transverse storm drain facilities.
Compliance with any other specialrequirements of the Water Utility. 12- 44
70. 71.
72. 73.
Applicable Water Utility fees and charges, will be requiredprior to recordation.
Since the Public Utilities Department signs the record map only when all of our conditions have been satisfied, Water Utility approved modifications can be made without further City Planning Commission review.
Advisory: The provision of faithful performancebonds in accordance with the City of Riverside Water Rules.
Advisory: Special requirementsare applicable for acceptance of public water system facilities within private streets.
74. 75.
76. 77.
78. 79.
80. 81.
82. Park and Recreation
The removal, relocation, replacement or protection of existing street trees to the specifications of the Park and Recreation, Public Works and Planning Departments.
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.
Payment of all applicable park development fees ( local and regional/reserve) as mitigation for impact to park developmentand open space needs as generatedby the project (Note: Regional/Reserve Park fees not applicableto OpenSpaceLot acreages; However, all other lots including street lots are subjectto Regional/Reserve Park fees).
All reverse frontageand public landscapeplans shall be subjectto review and approval of the Park and Recreation, Planning and Public Works Departments.
Installation of full reverse frontage and public landscapeimprovements, walls and hardscapefor all public landscapeareas as may be requiredbythe PlanningDepartment, in accordance with the specifications of the Park and Recreation, Planning and Public Works Departments.
Irrigation systems serving public landscapeareas shall be metered, controlled and valved separately from any private landscape areas for both electrical and water services, as well as for in' igationvalve control.
All public landscape areas and private open space areas and parkways shall be maintained through a Homeowner's Association.
Provide landscape and wall easements, subject to the approval of the Park and Recreation and Public Works Departments and City Attorney's Office, for all reverse frontage and public landscapeimprovements that extend beyondthe public right of way.
A multi- purposerecreational trail easement shall be granted to the City along an alignment within the Alessandro Arroyo ~s approved by the Planning, Park and Recreation and Public Works Department~, and the Recreational Trails Steering Committee. It is anticipated the trail _aljgranent will remain within the 100 year flood 12- 45
plain.
83. Trail signageshall be placedalongthe trail prior to recordation, or shall be incorporated into the performance/labor material bonds executed for construction of the trail.
84. A Covenant and Agreement for the maintenance of the landscapedparkways, reverse frontage and public landscapeareas and medians, approved as 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 Owners Association ( HOA), upon acceptance of these landscapeareas for private maintenance by the HOA.
GENERAL INFORMATION NOTES
Appeal Information
Actions by the City Planning Commission, including any environmental finding, may be appealedto the City Council within fifteen calendar days after the decision.
Appeal filing and processinginformation may be obtained from the Planning DepartmentPublic Information Section, 3rd Floor, City Hall. 12-46
RECOMMENDED CONDITIONS
Case Number: P03- 1548 ( PRD) City Council Meeting Date: September23, 2004 CONDITIONS Ail mitigation measures are noted by an asterisk (*).
Standard Conditions
Planning
A maximum of 86 lots shall be allowed under this Planned Residential Development on approximately 167. 5-acres.
In approving this case, it is found that this proposedproject is consistent with the existing generalplan for the City of Riverside based on substantial evidence discussed in this report.
There is not substantial evidence in the record that the projectwill interfere with the revised generalplan currently being preparedby the City.
On and off- site fire protection facilities shall be provided to the specifications of the Fire Department.
Fire Department Advisory Conditions:
Single family residences shall meet all the following requirementsprior to issuinga building permit.
Public fire hydrant capableof delivering 1, 000G. P.M. available at 20 P. S.I. residual pressure.
EXCEPTION: Public fire hydrant capableof delivering 500 G. P.M available at 20 P. S.I residual pressure with an approvedresidential fire sprinkler system perN. F.P. A. 13(d).
Public fire hydrant shall be within 350 feet from the driveway entrance as measured by route of travel
All exterior portions of the single family residence shall be within 300 feet from an approvedwater supply located on a public way, as measured by an approvedroute around the exterior of the building
EXCEPTION: Access requirements may be removed if single family residence has an approved residential fire sprinkler system per N. F.P. A. 13(d) and the entire exterior of the single family residence, roof, siding, and overhafigs, are of fire retardant construction Water Utilities advisory conditions:
Consideration for acceptance ofa Clty maintained water system w~ thin private developments requires the following:
12-47
10. 11.
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 gradedstrip (minimum 30 feet wide) elsewhere as needed
Easements shall be kept clear of structures, trees and all other deeprotted plants, which could interfere with the operation, maintenance, and/or replacementof the City water facilities. This includes medians.
The City Water Utilitity shall review and approve all construction and landscapingplans within the easement areas.
Private streets shall be constructed to Public Works specifications, including standard 6 inch curb and gutter to provide adequatedrainagefor flushing and flow testing fire hydrants.
Installation of a 12 inch water main across the AlelssandroArroyo is of prime importanceto the expansionand operation of the city 1400 zone bnboth sides of the arroyo. Therefore, the installation of a 12 inch water main in a gradedeasement is required from your project boundarynear the Arroyo Dam to the nearest private street, as approvedby the Water Utility and the Planning Department. Crossingthe arroyo at the dam will also requirethe approval of the Riverside County Flood Control District.
Compliance with any other specialrequirementsof the water utility Applicable water utility fees and chargeswill be requiredprior to recordation.
Plot plan, building elevations, landscaping, irrigation for the future residence shall be submitted to the Design Review Board for review and approval. Design Modifications may be required as deemed necessary. A separate applicationand filling fee is required. The plot plan and building elevations must be approvedprior to building permit issuance; landscaping and irrigation plans must be submitted prior to b~ ildingpermit issuance. 12-48
packethas been mailed. These responses will appear at the dais the morningof the meeting. He recognized that this was a problem and wasn't sure how to address it. He suggestedthat the Commission take public testimony and if they feel comfortable and understand the comments, they may make a decision. If the commission feels that they need additional time and more information than the commission can ask for a continuance.
Jim Guthrie, 4225 Garner Rd., stated that the map was a continuation of a larger scaled PRD. Unforttmately, they were not able to complete the last three phasesprior to the expirationdate. Theyhave spokenwith staff at great length and everyone is in agreement that this is a continuation of an existing map. He has worked with staff to solve any issues dealingwith open space and gradingissues. The projectwas postponedseveral times due to concerns raised by Friends of the Hills and planning staff but he felt that they were now in agreement with staffs recommendations with the exception of one or two items. He reiterated that the map as presentedis a continuation ora project that was originally approved. He has worked with Flood Control and it is a mutually beneficial purchaseof the property. He stated that they have a letter of intent from the Flood Control District.
Bill Gabel, civil engineerwith Gabel, Cook and Associates, addressed the Commission. He distributed some exhibits that did not make it into the grading exceptionpackagethat was included with the agendapacket.
He provided a brief history of the project from the time it was first approved in 1994. He stated that in between recording the maps, the City adopteda new Grading Ordinance which changedthe way the Arroyo and setbacks were defined. Their request for a time extension needed to be viewed againstthe new setbacks but requiredvariances due to the new Ordinance. He explainedthe various variances they were requesting.
He said that staff was in support of the variances and recommended approval. He distributed a handout with their concerns regarding conditions 6 and 11 ofP03- 1451 and suggestedmodified language.
Vice Chair Singletary announced that if anyone was present for the cases after this item, that the Commission would be adjourning after this case and reconvene ] no sooner than 1: 30 pm.
Mr. Gabel continued and noted that condition 6 states that Lot 531and open space Lot 87 shall be combined as one open space lot. They have asked to have lot 53 every time they have come before the Commission and asked that they approve of the lot. He referred to a letter in the packet, exhibit J7 from Dr. Larsen who spoketo the concern of this lot as well. He pointed out that they are not building the padup, theyare putting it right where the ground is today. They felt that this lot was no moresignificant than any of the other lots they have. He asked that the commission support this lot by deleting condition 6. He suggestedrevised languagefor Condition 11 which deals with providing water to ~the Mr. Rafiery's and Mr. Mayes' homes.
They actually live off ora street that is off to the west, Rolling Ridge. They have booster pumps because the city does not have a water line on Rolling Ridge and have asked this commission, through their tract to get them water because their tract will have a higher pressure zone. Condition 11 is written in such a way, it implies that they will run water service up to their property li¢e. He wanted to changethe condition to read differently so that they will run water service to the street right- of-way line and end the service there.
These two property owners would then have to go Public Utilities Jadmake arrangements to have the meters installed. He did not feel that his client should pay for the fee~ associated with getting them water. His attempt in rewriting condition 11 makes that clear. He also said t ~at they will give them an easement across their lot and install a line so that they can make those arrangem, ints. They will provide the tap so that the existing property owners do not have to tear up the street. He. asked that condition to be reworded as suggested. He also addressed condition 32, although an advisc ry condition, he believed it was there for CPC Draft Minutes-August 19, 2004
I 2--52 Page 19 of Pages
Commissioner Norton stated that the comment was made that the City had promiseda water line at the time of the next development and asked for clarification.
Mr. Swiecki replied that to his recollection, the water line was somethingthe previous developerproposed in conjunction with their project. The condition was not imposedby the city but rather incorporatedinto the conditions as requestedby the developerat the time. He stated that the conditions before the commission reflect what was previously approved.
Walter Parks, 6154 Hawarden Dr, addressed the Commission. As far as he is concerned, it goes back to 1975 when there was a proposalto develop 85 acres in this area and put hundreds of homes on Hawarden Dr. It came very close to passing. In 1975 wiser heads prevailedwhich:led to the Hawarden Hills studyand to the kinds of ridgelines and cluster housing, present today. He urgedthe commission to follow exactly what the Planning Department has recommended without any further variances.
John Mylne, 6190 Hawarden Dr., said he had property near the Western boundaryof this project. He was concerned with the definition of the easement or access path from the area of the Alessandro Dam up to the open space area. The area is undefined on the map and for walkingpurposes, it should be defined in such a way that it does not cross a myriad of streets and arroyos. It wouldbe suitable to specify this somewhere alongthe western boundaryof this property because the upper 10ft hand comer of the map leads directly to the open space reserve area. It would seem to him that the mapshould include this so that everyone is comfortable with the routing it takes and not meander down through the streets in the subdivision. He felt it was an omission not to specify this and asked that it be specified. He stated that the density of the total project was also of concern to him. The proposal seems to be relying on a false premise, the condition was the same in the previous map with regardto the 17 acres of property owned by the Riverside County Flood Control. He noted that it was not a part of this but it was in the calculationfor the allowable densityof this project. It seems ingenuousto calculate the allowable number cffhomeson a piece of public property. It is his understandingthat without this the project is only eligible for 75-79 lots instead of 86. He stated that this was a serious omission. He knew there was a condition requiring that the property be acquired before building permits are obtained so that this process based on a premise is somewhat shaky.
Len Nunny, representing Friends of Riverside's Hills, apologized for the late arrival of the letter. As explained by staff it was not possible to get through the staff r0port sooner. He reinforced Mr. Mylne's comments particularly with regardto the trails. He noted that the Hawarden Hills Specific Plan is part of the General Plan and very clearly states that approximately 15 a{reswill be set aside for the trail corridor.
He stated that this was clearly a new tract map and also clearly a new PRD and therefore should be evaluated as such. The PRD conditions are very clear with regard density bonuses. In their view there are a number of issues here where this development is in line for a density reductionnot a density bonus. He explained their concerns regarding the open space. He indicated that the~e excessive gradingexceptionswould be unnecessary if it was recognized that this PRD should have a d~ nsityreduction. There are a lot of issues related to the grading exceptionswhich reduce the environmentalvalue of what this PRD is supposedto be doing.
Commissioner Densmore asked if the Friends of Riverside's Hill: I and others concerned have sat down with the developerand expressedtheir concerns.
6. 8.
9. 10.
advisory agency, appealboard, or legislativebody concerningthis subdivision, which action is broughtwithin the time periodprovidedfor 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.
The applicantshall obtain final authorization from the Riverside County Flood Control District or the applicantshall have acquiredsuch property.
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 subjectto 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 organizationsuch as the Riverside Land Conservancysubjectto the approval of the Planning Departmentand City Attorney's Office. The property shall be transferred either in fee title or an easement established to facilitate maintenance/stewardship by such an organization.
Lots 53 and open space Lot 87 shall be combined as one open space lot.
The applicantshall prepare and record Covenants, Conditions, and Restrictions ( CC&Rs) and other documents as necessary subjectto approval of the Planning Departmentand City Attorney's Office. The CC&Rs shall contain the following conditions and restrictions:
a. prohibiting any additional gradingbeyondthe 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.
The unused portion of right- of-way fromi the existing
Cresthaven Drive shall be vacated. A se
required.
Lots 88 and 89 should be split at the pha
numbered open space lots.
Planning Cases P04- 0260 and P03- 1548
cul- de-sac bulb of
arate submittal and filing fee is
iing line to create two new,
hall be finalized.
12-62
11. Easements shall be recorded as necessary to providewater to the adjoining lots to the north of Rolling RidgeRoad and that the developerstub the waters lines to all effected, contiguousproperties.
Prior to Grading Permit Issuance
12. The proposedprojectaffects waters of the United States and waters of the State, which fall under the jurisdiction of the United States Anny Corpsof Engineers (USACE) and the California Department offish and Game CDFG), respectively. As such, the following agencieshave jurisdiction over this project, as necessary: the California Departmentoffish and Game; the Army Corps of Engineers; the U. S. Fish and Wildlife Service; and the California RegionalWater Control Board. These agencies' approvalwill be requiredprior to gradingpermit issuance and the applicantis responsiblefor compliance with all requirementsand conditions of these agencies.
13. Permanent loss of RSS will be mitigatedat a greater than 3:1 ratio through the onsite preservationof 20.6 acres of R$S ( 9.6 acres moderate quality, 11 acres low quality) adjacentto the Alessandro Arroyo.
14. The permanent loss of jurisdictional waters will be offset by the expansionof the unnamed drainage feature at a 1:1 ratio. The mitigation site will be located immediate downstream of the road crossing and adjacentto the proposeduplandwater quality bio- swale. It is anticipatedthat the bio- swale will provide sufficient hydrologyto support riparian vegetation.
15. 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 runoffpriot to dischargeinto the drainagefeature. The HOA will providelong term maintenance, consisting of installation of native grasses, and sediment removal as needed.
16. 17.
18. A three year maintenance and monitoring plan is proposedto ensure the successful establishment of the native cover within the mitigation area.
Riparianvegetationwill be installed witllin the mitigation site consistingof native grasses.
The project site is located within the RiversideCounty SKR Habitat Conservation Plan Fee Assessement Are~, and therefore subject to current fee administered by the City of Riverside.requirementsas
The grading plan shall be revised, subjectto Planning Department review and approval, to:
12-63
19. 20.
21. 22.
23. 24.
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 drainagefeatures will be color treated to blend in with the natural surroundings.
c. Indicate an imerim erosion control program to be certified by the project engineersubjectto Public Works Department review and approval. d. Reflect City adoptedcontour gradingpolicies. Prior to issuance of a building permit, the applicant's engineershall submit a letter certifying the contouring of such requiredslopesin accordance with City adopted standards.
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 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.
Preparea detailed grading plan at 1 ,,=40, scale for lot 45 showing protection of the existing rock outcroppings, subjectto Planning Departmentapproval.
Final driveway gradesand configurationswill be subjectto review and approvalof the Fire Department.
Tract Map 31930 shall be recorded.
Provide a trail across the subjectproperty, between the Alessandro Arroyo and the northerly boundaryof the subjectproperty for eventual connection to Tiburon Knoll, subjectto approval of the Planning Department.
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 landscapearchitect shall submit a letter certifying to the installation of suct
facilities prior to the release of utilities.
In the event that joint access driveways a
preparedsubjectto the satisfaction of the
Works Departments.
required landscapingand irrigation
e proposed, covenants shall be
City's Attorney Office and Public
12- 64
25. 26.
27. 28.
29. 30.
31. 32.
33. 34.
The gradingplan shall be revised to reflect all designchangesrecommended in this City Planning Commission report.
Adjacentproperty owner's approvalshall be obtained for all off- site grading.
Also, slopemaintenance agreements for all slopescrossingproperty lines shall be recorded subjectto approvalof the Planning and Public Works Departments and City Attorney's Office
The applicantshall prepare a Coastal SageScrub and riparian enhancement plan subjectto review and approvalof the Planning Departmentprior to gradingpermit.
Manufactured sloperatios shall not exceed a maximum of2:l.
The applicantshall be responsiblefor erosion and dust control during both the gradingand construction phasesof the project.
Grading activity shall be in substantial compliancewith the gradingplan on file with this application.
Advisory: The RegionalWater Quality Control Board requiresthe preparation and implementationof a Storm Water Pollution Prevention Plan ( SWPPP).
Compliancewith SCAQMD Rules 402 and 403 shall be followed in order to minimize air pollutant construction emissions. Additionally, the applicant will implement the following:
Regularwatering, at least 3- timesa day, of the construction site, including all unpavedparkingor staging areas or unpaved road surfaces, shall be utilized in order to reduce the fugitive dust generatedduring gradingand construction operations; b) Replacegroundcoverin disturbed areas as quickly as possible; and
c) Appoint a construction relations officer to act as a community liaison concerning on- site construction activity, including resolution of issues related'to PM 10 generation.
Advisory: Any disturbance of the "blue Iii
approvalfrom the State Department of Fi:
of Engineers.
The applicant shall comply with the long
streams" will requirepermits and
and Game and U. S. Army Corps
tm Stephen's Kangaroo Rat ( SKR)
12-65
Habitat Conservation Plan ( HCP) and the City's policiesfor implementingthe HCP.
Prior to Building Permit Issuance
35. The applicantis 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 specificationsof the Building Division.
36. Submit documentation of approvalby 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.
37. 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 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 DesignReview process. Any tennis court lighting is requiredto be hooded and directed downward. In addition, the designshall avoid off- site light spillage.
39. For purposes of measuringthe 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 25- feet from the side and rear property lines. All other applicable standards of the underlying RC -- Residential Conservation Zone shall be met.
40. If any of the mitigation measures contained herein conflict with the measures requiredby any of the resource agencieswithjurisdiction over this project, the applicant shall comply with mitigation m~asuresimposedby the resource agency.
Standard Conditions
12- 66
51. 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. Securitygates shall be keypad activated to provideaccess to the project for trash collection service.
52. Minimum designspeedfor residential streets should not be less than 25 miles per hour with a 150 foot minimum sight distance.
53. Installation of sewers and sewer laterals to serve this project to Public Works specifications. However, septictanks will be allowed for lots that cannot reasonablybe served by a gravity sewer.
54. 55.
Onsite disposalsystem (septic tank) accegtabilityshall be obtained for each lot of this map not served by sewer, to the satisfactionof the County Department of Environmental Health, prior to this ma[* recording.
Removal and/or relocation of irrigation facilities, as required.
56. All property subjectto flooding from a 100-yearstorm shall be placedin the WC ( or other appropriateZone) prior to or concurrently with recordation of this map.
57. Ownershipof property to be undivided prior to this map recording.
58. Trash collection service will not be provic~ed on the common drive serving Lots 50- 53. An area shall be provided along Century Hills Drive to accommodate the placementof containers for automated collection. This requirementshall be incorporatedin the CC&Ws for this project.
Fire Department
59. Requirementsfor construction shall follow the Uniform Building Code with the State of California Amendments as adopted by the City of Riverside.
60. Construction plansshall be submitted and[ permittedprior to construction.
61. 62.
63. Any requiredfire hydrants shall be install~
Departmentrelease of permit.
Fire Department access is required to be n
construction.
Prior to map recordation the Fire DepartE
conditions be included in a recorded cove:
Attorney's Office and Fire Departments t(
d and operational prior to Fire
aintained during all phasesof
nt recommends the following
ant to the satisfaction of the City
ensure that future buyersare
12-68
informed of these requirements:
On- and off- site fire protectionfacilities shall be providedto the specificationsof the Fire Department.
The Building Division and Fire Departmentshall inspectand approve the property and structure for the intended use and all standards and regulationsshall be met.
Residential fire sprinklersshall be ihstalledper City Ordinance//6019.
A public water system shall be pro¥~ded and mmntalned.
Streets and fire apparatus access roads shall meet public street standards.
64. Appropriateprovisionsshall be made and ~pprovedby the City resolution or agreement to insure streets are maintained and repairedwhen necessary in the event a homeowners association fails to doiso.
65. Cul- de-sacs, where islands are provided, shall be a minimurn of 106-feet in diameter, curb- to-curb, with a maximum fil~ y-foot diameter island.
66. 67.
gate(s) shall meet Fire Department r~ quirementsfor access and beEntry equippedwith key box ( Knox) devices. ~
All dead-ends, caused by recordation of individualphasesof the map, in excess of 150-feet will be required to providea temporary turnaround to the Fire Department's approval.
Public Utilities
68. 69.
70. All utilities shall be satisfactorily relocated, protectedand/or replacedto the specificationsof the affected departments :[nd agencies, and easements for such facilities retained as necessary.
The provision of utility easements, water,
undergroundand/or overhead facilities ant
and regulationsof the appropriatepurveyo
Consideration for acceptance of a City mai
developments requiresthe following:
a.
treet lights and electrical
fees in accordance with the rules
tained water system within private
Easements will be provided as
reqt~iredby the Water Utility. This will
include the entire width of private~treets (minimum 50- feet wide) and 12- 69
71. 72.
73. 74.
a gradedstrip (minimum 30- feet wide) elsewhere as needed.
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.
The City Water Utility shall review and approve all construction and landscapingplanswithin the easement areas.
do Private streets shall be constructed to Public Works specifications, including standard 6- inch curb and gutter to provide adequatedrainage for flushingand flow testingfire hydrants.
City water mains in private streets shall be ductile iron and shall be constructed beneath all transverse storm drain facilities. f. Compliancewith any other specialrequirementsof the Water Utility.
Applicable Water Utility fees and charges, will be required prior to record- ation.
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.
Advisory: The provision of faithful performancebonds in accordance with the City of Riverside Water Rules.
Advisory: Specialrequirementsare applicablefor acceptance of public water system facilities within private streets.
Park and
75. 76.
77. Recreation
The removal, relocation, replacementor protection of existing street trees to the specificationsof the Park and Recreation, Public Works and Planning Departments.
The installation of new street trees in accdrdance with the specifications of the Park and Recreation Department. Street t~eeinstallation work may be deferred until issuance of building permit pn each individual parcel. No Street Trees are requiredfor private streets. All ~
treettrees shall be automatically
irrigated and installed prior to occupancy. ~ I
Payment of all applicable park developmentfees (local and regional/reserve) 12-70
78. 79.
80. 81.
82. 83.
84. 85.
as mitigation for impact to park developmentand open space needs as generatedby the project (Note: Regional/ReservePark fees not applicableto OpenSpaceLot acreages; However, all other lots including street lots are subjectto Regional/Reserve Park fees).
All reverse frontage and public landscapeplansshall be subjectto review and approvalof the Park and Recreation, Planningand Public Works Departments.
Installation of full reverse frontageand public landscapeimprovements, walls and hardscapefor all public landscapeareas as may be requiredby the PlanningDepartment, in accordance with the specificationsof the Park and Recreation, Planning and Public Works Departments.
Irrigation systems servingpublic landscapeareas shall be metered, controlled and valved separatelyfrom any private landscapeareas for both electrical and water services, as well as for irrigation valve control.
All public landscapeareas and private open space areas and parkways shall be maintained through a Homeowner's Association.
Provide landscapeand wall easements, subjectto the approvalof the Park and Recreation and Public Works Departments and City Attorney's Office, for all reverse frontage and public landscapeimprovementsthat extend beyondthe public right of way.
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.
Trail signageshall be placed along the trail prior to recordation, or shall be incorporatedinto the performance/labor material bonds executed for construction of the trail.
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 bythe developer. The agreement shall outline the responsibilities and liabilities Beingassumed by the Home Owners Association ( HOA), upon acceptance oftl lese landscape areas for private maintenance by the HOA.
12- 71
CASE NUMBER: TM- 31930 HEARING DATE: August 19, 2004
STAFF SUPPLEMENTED GRADING EXCEPTION FINDINGS:
Grading Exceptions: A)
B)
to permit lots 37-41, 43-49, 50, 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 Grading Ordinance; and
To permit slopes in excess of twenty feet for portions of Crest haven, and Century Hills Drive
FINDINGS:
The strict application of the provisions of this Title would result in practical difficulties or unnecessary hardships inconsistent with the generalpurpose and intent of Title 17.
Deviation A -- Arroyo Limits and Setback Encroachments
Lots 37 through 40 - The strict application of the provisions of this Title would not permit reasonably sized building pads to be created on these minimum one- acre lots due to the required fifty- foot setback and arroyo limits. The applicant has revised the proposed grading on these lots to eliminate a second pad that was originally proposed at the rear of the lots thereby greatly reducing the amount of grading encroaching into the setback and arroyo limits. As well, the applicant has created a new open space lot, Lot 93, from a portion of lot 37 opening up the open corridor that connects to the open space areas of the maps to the east. The affected area is a tributary of the arroyo with the main branch of the arroyo further south. From a field visit to the site staff noted that the area proposedfor grading does not have the characteristics ( i. e., riparian area, 30% slopes, unique topographicalfeatures, etc.) that ~ he Grading Ordinance endeavors to preserve. Therefore, it would be an unnecessary hardship to eliminate these pads and/or lots completely as the proposed grading is
no.t ~n th.e more environmentally
sensitive areas of the arroyo and ample open space Is provided.
Lots 41, 46 and Grass Valley Way - These lots encroa
Alessandro Arroyo. This tributary extends from the
steep slope breaking out into two fingers. The steep s
with large rock outcroppings which the applicant pre
application of the provisions of this Title would not p ih into another tributary of the
rroyo to the south, northerly up a
lopeis generally characterized
oses to preserve. The strict
rmit the proposed building pads
12- 76
and street due to their encroachment into the setback and arroyo limits. During a field visit, staff noted that this portion of the map area does not visually appear as a part of an arroyo and there are no significant rock outcroppings or other notable features being removed. Since the intent of the Grading Ordinance is being maintained with the grading as proposed, it would be an unnecessary hardship not to permit the grading as proposed.
Lots 43 and 44 - The strict application of the provisions of this Title would not permit the proposed building pads in that the grading necessary for these lots encroach into the arroyo limits and setback. Based on a field inspection, staffnoted that these lots are sitting on knolls above the main arroyo and are not within the arroyo. The applicant has designed the grading to daylight with no exposed slopes to the arroyo and to blend in with the natural terrain. The area directly abutting the rear property lines of these lots has been reserved as an open space lot that will link to open space areas in adjacent maps. It would be an unnecessary hardship to not permit these encroachments given that the encroachments will not affect sensitive areas of the arroyo and the actual sensitive areas behind these lots have been reserved as part of an open space lot. These encroachments will be consistent with the intent of Title 17.
Lot 45 - The strict application of the provisions of this Title would not permit the proposed building pad in that the grading necessary for this lot encroaches into the arroyo limits and setback. The limits ofthe arroyo and setback were established based on an analysis of topographical maps and aerial photos which depicted those areas with slopes over 30%. Per a field visit, the proposed pad will not be situated over sensitive areas of the arroyo limits or within the arroyo itself. However, staff did note that significant rock outcroppings exist in the rear portion of the pad and are noted for protection on the map. To insure that these rock outcroppings are protected, staff is recommending that a detailed grading plan be submitted for this lot showing the precise location of these rock outcrops and insuring their preservation in order to meet the intent of Title 17. Given these circumstances, it would be an unnecessary hardship to not permit grading as proposed for this lot.
Lots 47, 48, 49, 50 and 51- These lots encroach into another tributary of the Alessandro Arroyo.
This tributary extends from the arroyo to the south, northerly up a slope generally characterized with large rock outcroppings which the applicant proposes to preserve. The strict application of the provisions of this Title would not permit the proposed building pads in this location as they are within the arroyo limits and setback. However, from both a review of the grading plan as well as a field visit to the site, staff noted that these lots are not truly in the tributary but sit on a relatively fiat knoll next to the tributary. The area proposed for these pads is relatively fiat and does not contain any significant rock outcroppings or sensitive areas of the arroyo. In fact, there are some rock outcroppings directly easterly of lot 47 which have been reserved within an open space lot. As well, these lots have been designed to preserve significant rock outcroppings between lots 47-49 and 50- 51. It would be an unnecessary hardsbipnot to allow these minimal encroachments given that the intent of Title 17 will be n~et.
Lot 57 and Cresthaven Street - Actual grading for lot 54has not been proposed at this time.
I
However, a portion of lots 57 and C encroach into the arroyo and setbacks as defined by the Grading Ordinance. Therefore, the strict application ofthe provisions of this Title would not permit the construction of street lot C and would limit gradingon lot 57. However, this area is actually just to the west of one of the tributaries of the arroyo. The areas proposed for grading do not have any of the characteristics of an arrg,y~ X~n this map was originally approved, careful 1Z- II
south.
Deviation B -- Slope Height
Century Hills Drive and Cresthaven Drive - The strict application of this Title would not permit the construction of these streets since slopeshigher than twenty feet will be required. To build proposed Crest Haven Di there is an area, just southerly of the Cresthaven Drive cul- de-sac, where slopeswill reach a maximum of 26- feet for a distance of thirty-feet. For Century Hills Dr, there is an area, located approximately midway in the length of the street, where the maximum slope height will reach thirty-feet for a distance of seventy-feet. For street H there are two areas where slopeswill exceed twenty-feet. The first area is the southerly portion of lot 76, where a maximum height of 29- feet over a distance of seventy-feet will be needed. The second area is on the easterly side of the knuckle of street H with street F where a maximum height of thirty-feet for a distance of forty-feet is needed. These slopes are not out of character with the area and will be contour graded to blend with the area. As mentioned previously, the street configuration, as proposed, was based on a study of the natural terrain oi~ the project site to limit grading. This proposal shows the same streets as approved before under the map and the slopes will be contour graded. It would be an unnecessary hardship to not allow these slopes for these streets given that the slopes are not in sensitive areas of the arroyo and the intent of Title 17 will be met.
That there are exceptional circumstances or conditions applicableto the property involved or to the intended use or developmentof the property that do not applygenerally apply to other property in same zone or neighborhood.
Deviation A: -- Arroyo Limits and Setback Encroachments Lot 37 through 40 - Per a field visit, the portions of the building pads and manufactured slopes of these lots encroaching within the arroyo limits and setback areas are from a visual standpoint not readily identifiable as part of the arroyo. Also, all of the sensitive natural features in the area, particularly the rock outcroppings, will not be affected. These factors are considered exceptional circumstances.
Lot 41, 46 and Grass Valley Way - The portion of the building pad and manufactured slopes lying within the arroyo limits and setback areas are within a tributary and not the main branch of the arroyo. From a site visit to this site, staff noted that this area is not identifiable as part of the arroyo and this is considered an exceptional circumstanee.
Lot 43 and 44 - Per a field visit, the portions of the building pads and manufactured slopes of these lots lying within the arroyo limits and setback areas
willlnotaffect sensitive natural features of the
arroyo. When staffwent out to the site, it was noted tha~ these lots are sitting on knolls above the main arroyo. The applicant has designed the grading to daylight with no visible slopesand to blend in with the natural terrain. In fact, there is a port this lot that is sensitive to the arroyo and will be reserveq Lot 45 - As noted under finding 1, the proposed pad wil] arroyo limits or within the arroyo itself. However, staff on adjacent to the rear property line of
as part of an open space lot.
not be situated over sensitive areas of the
lid note that significant rock
outcroppings exist in the rear portion of the pad and are noted for protection on the map. Since, this grading is not actually within the arroyo,
t~ i~a. 7~ptional circumstance.
CASE NUMBER: P03- 1451, P03- 1548 and P04- 0260 HEARING DATE: August 19, 2004 Variances:
b.
C.
a. parcels less than two acres in size on lots with an average natural slope (ANS) greater than 15% ( lots 37-39, 43-48, 50, 51, 53-55, 57-62 and 77- 79); parcel less than five acres in size on lot 49 with an ANS of 30% or greater; landlocked parcels located along private streets
STAFF VARIANCE JUSTIFICATION FINDINGS:
FINDINGS:
The strict application of the provisions of the Zoning Regulations result in practical difficulties or unnecessary hardships in the development of this property.
Variances A and B: The strict application of the Code would require a redesign of the project to eliminate all variances, which would negate the need for the Planned Residential Development application. As the PRD application was filed to allow clustering of the proposed lots with the intent of maximizlng the preservation of natural space within the project area, this strict application of the Code would be counter to the City's goal of environmental preservation and sensitive hillside development.
Variance C: The strict application of the Zoning Code would not allow the proposed private street design in which this would be considered an unnecessary hardship given that all lots will have access to public streets.
There exceptional circumstances or conditions applicable to this property or to the intended use or development of this property which do not apply generally to other property in the same zone or neighborhood.
Variances A and B: The clustering of lots proposed for this project, with the intent of maximizing open space preservationand retention of important natural drainages, is the environmentally superior option for this project.
o
variance C: This map is designedas a planned residential development with private streets and that all lots will have access to a public street. These are consideredexceptional circumstances.
The granting of this request prove materially detrimentM to the public welfare or injurious to the property or improvements in the neighborhood in whic~ the property is located.
Variances A, B &C: The lot is of comparable size to surrounding RC Zone lots and still exceeds the minimum lot size allowed in the RC Zone. The lot provid~es adequate building area to accommodate a residence without the need for setback variances. As well, all lots will be served by a private street connecting to a public street. 12- 82
Supplemental CEQA Finding for Substituted Air Quality Mitigation Measure A. Air Quality
2) Potential Significant Impacts: The Project could potentially violate a daily construction emissions air quality standard or contribute to an existing or projected air quality violation during the construction phase. This is a potentially significant impact (Initial Study, p.
14.)
Finding: The following fugitive dust mitigation measures are herebysubstituted for the mitigation measures identified as number 5(a), in the Air Quality section of the Initial Studyon page 14. The substituted mitigation measures identified below are equivalentor mom effective in mitigating or avoiding potential significant construction air quality effects than the mitigation measures identified in the Initial Study in number 5(a), and the substitution of these mitigation measures will not cause any potentially significant effect on the environment.
Condition of Approval 36, identified below, identifies the substituted mitigation measures related to fugitive dust.
Substituted Mitigation Measures for Fugitive Dust:
Condition of Approval 36: Compliancewith 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 three times a day, of the construction site, including all unpavedparking or stagingareas or unpavedroad surfaces, shall be utilized in order to reduce the fugitive dust generatedduring gradingand construction operations. b) Replaceground cover in disturbed areas as quickly as possible. c) Appoint a construction relations officer to act as a community liaison concerning on- site construction activity, including resolution of issues related to PM10 generation. \ Implementingthe substituted mitigation measures above, is feasible and the Commission adoptsand incorporatesthese measures into the Project.
Supporting Explanation: The Initial Study identified that short term air quality impacts related to project construction would temporarily exceed the South Coast Air Quality Management District (" SCAQMD") daily thresholds of significance for fugitive dust ( PM 10) and oxides of nitrogen (NOx).
1. Fugitive Dust ( PM10): Specifically, the Air Quality Analysis, dated June 2004, identified that peakgrading day PMI 0 emissions resulting f~omconstruction equipmentexhaust would amount to 13.0 lbs per day. (Air Quality Analysis, LSA Associates, Exhibit E, page 20.) When combined with other peak grading dayemissions, the total PM10 emissions would be 12- 95
197.2 lbs. per day. This exceeds the SCAQMD daily construction threshold for PM10 of 150 lbs. per day. The following mitigation measures are requiredto comply with SCAQMD Rules 402 and 403, and were utilized in the impactanalysisto reduce potentialPM10 emissions by 50%.
Mitigation Measures Proposed in Air Quality Analysis and Incorporated into Initial Study to Reduce Fugitive Dust Emissions from Construction Activities by 50% to 184 lbs or Less Per Day:
1) During construction, the contractor shall be responsiblefor ensuringthat all mitigation measures listed in Table H are implemented. Note that to achieve the particulate control efficiencies shown, it was assumed that finished surfaces would be stabilized with water and/or dust palliativesand isolated from traffic flows to prevent emissions of fugitive dust from these areas. In addition, the following water applicationrates have been assumed.
Roads traveled by autos, rock trucks, water tracks, fuel trucks, and maintenance trucks - up to twice per hour.
Roads traveled by scrapers and graders; active excavation area - up to three times per hour.
Finish gradingarea - up to once every two hours.
2) All construction equipmentshall be maintained in goodoperatingcondition so as to reduce operationalemissions. The contractor will ensure that all construction equipmentis being properlyservices and maintained.
3) The construction contractor shall utilize, as much as possible, pre- coated/natural colored building materials, water- based or low VOC coating, and coating transfer or spray equipmentwith high transfer efficiency, such as high- volume, low- pressure (HVLP) spray method, or manual coatings applicationsuch as paintbrush, hand roller, trowel, spatula, dauber, rag, or sponge.
A follow-up Air Quality Analysis was prepareddated July 30, 2004, which identified additional mitigation measures which would increase the control efficiency from the standard 50% rate identified for the above- referencedMitigation Measures, to 65 percent or more.
Implementationof the following mitigation measures would increase the frequencyof the requiredwater applicationsidentified in (1) above, and requireadditional measures, which together, would reduce dust emissions from construction activities from 369 poundsper day unmitigated) to 129 lbs per day. (Air Quality Analysis, July 30, 2004, pg. 2.) Substituted Mitigation Measures Proposed in Air Quality Analysis dated July 30, 2004:
1) Regular watering, at least three times a day, of the construction site, including all unpavedparking or stagingareas or unpavedroad surfaces, shall be utilized in order to reduce the fugitive dust generatedduring gradingand construction bperations. 2) Replace ground cover in disturbed areas as quickly as possible 12- 96
proposedfor TM 31930. However, even with these mitigation measures, construction emissions from NOx would exceed the daily thresholds during the construction period.
Determination in the July 30, 2004 Air Quality Analysis The Air Quality Analysis, dated July 30, 2004, identified that backgroundconcentrations of NOX at the Riverside Rubidoux monitoring stations ( the monitoring station closest to the site) have not exceeded the State 0. 25 parts per million ( ppm) one- hour standard or the federal 0. 053 ppm annual average standard within the past five years.
This is confirmed by the following levels of NOx recorded at the Riverside/ Rubidoux monitoring station: in 2003, the one hour concentration was 0. 099ppm with an annual average concentration of 0. 021 ppm; in 2002, the one hour concentaration was 0. 098 ppm with an annual average of 0. 023 ppm; in 2001 the one hour concentration was 0. 150 ppm with an annual average pf 0. 024; in 2000 the one hour concentration was 0. 094 ppm with an annual average of
0. 022 ppm; in 1999, the one- hour concentration was 0. 132 ppm, with an annual average concentration of 0. 025 ppm.
Although the construction periodwill last 5-6 weeks, resulting in a temporary impact related to exhaust emissions from construction equipment, because ambient background concentrations identified for the past 5 years at the Riverside monitoring station have not exceeded the state or federal standards, the exhaust emissions related to construction activity for TM 31930 are not expectedto result in new exceedances of the NOx ambient air quality standards. In addition, the proposedproject was included as a residential development in the City's General Plan. As a result, emissions from the construction of the project have been taken into consideration in the preparationof the SCAQIvlD's Air Quality ManagementPlan AQMP"). Therefore, the emissions generatedduring construction will not delay the attainment of the ambient air quality standards. The proposedproject will have a less than significant impact on local air quality.
12-98
2 oflO
Riverside's General Plan. This SpecificPlan incorporatedthe land use proposalsoutlined under plan B in the 1976 Hawarden Hills Study (HHS).
Lot density close to the arroyo. The SpecificPlan states that lots would be as large as 3 to 4 acres close to the arroyo, with smaller lots (in the 1/2 acre range) on flatter land close set to Alessandro Boulevard. It is further noted that adoptingthis strategy could " easily be the difference between environmental conservation and environmental degradation" (p94, HI-IS).
Tiburon Knoll trail corridor. The Hawarden Hills SpecificPlan incorporatesa trail corridor from the Tiburon Knoll to the northwest of this tract map to the Alessandro arroyo south of the tract map. It was anticipatedthat about 15 acres would be requiredfor this trail corridor ( see p99, HHS). This corridor lies within the boundaries of the proposedtract map see Fig 16 HHS), but is not explicitly included in the current plan. This violates the City General Plan.
ISSUES
A.
Arising.
The size of lots close to the main branch of the Alessandro Arroyo is unacceptably small. Seven lots (43-49) border and intrude into the main part of the Alessandro Arroyo. Furthermore, all of these lots (except lot 49), require lot size variances. These 6 lots average 1. 13 acres, a 44% reduction below the two acre minimum requiredunder the RC zoning of the area, and clearly far below the 3-4 acres expectedfor lots bordering the Alessandra Arroyo under the Hawarden Hills SpecificPlan. Note that the wording of the land use in the SpecificPlan states that " lots closer to the ridgelineand arroyo would be as large as 3 to 4 acres". A reasonable interpretationwould include under this criterion many more than the 7 lots noted above should be 3-4 acres.
B. Failure to incorporate the Tiburon Knoll trail corridor. The " about 15 acres" supposedlyto be set aside for the Tiburon Knoll trail corridor according to the Hawarden Hills SpecificPlan are nowhere defined in the proposedtract map. According to Fig 16 of HHS, this area correspondsto the whole western edgeof the tract map, apparently coinciding with the building lots 50- 56.
2. Failure to purchase 17.45 acres Flood Control Land.
Background. The 17.45 acres flood control land was incorporatedin the original map that was approvedin 1994, and its purchasewas a condition of the original (now expired) map. Ten years later, the land still has not been purchased. We understand that even at this late stage the applicant has not satisfied the requiredconditions set by the Flood Control District for the sale of this property.
Issue Arising. The applicantis proposingto have the Flood control land rezoned from O to RC.
They have had ten years to purchasethis land and bring the original map into conformance with a requiredcondition of the original approval. The applicantshave failed to do this. Now they want the City to repeat that approvalprocess and furthermore have this land rezoned - but they still have not purchasedthe land. This rezoning cannot not be considered until the relevant flood control land is owned by the applicant, or at least in escrow. While the Flood Control District may have agreedto a potential sale (based on fulfilling a set of necessary conditions),.this is a long way from an actual sale and rezoning the land is premature. This tract map should not be considered for approvaluntil the land is sold to the applicants, because it is so crucial to the densitycalculations of this Map. 12- 103
3 of 10
3. The tract map does not satisfy the PRD zoning ordinance's requirements, unless a density penalty is applied.
Background. We estimate that the projectincludes 49 acres that can be used to estimate density limits in for this tract map. Under the PRD ordinance this would limit the applicantto a maximum of 28 homes. However, a densitybonus or a densitypenaltyis possibledependingupon a number of conditions ( see below). In addition, a PRD applicationmust include certain information ( see below).
Issues Arising.
A. The PR]) Application is incomplete. A PRD applicationrequires "three copiesof the elevations of the project's buildings indicatingthe type of exterior building materials and three copiesof the floor plans showing interior and exterior dimensions for each type of dwelling unit" ( 19. 65.200. B.3). This requirementhas not been fulfilled. This is not merely a technical issue. The nature of the homes is a very important issue for the preservationof Riverside's scenic environment within the RC zone. In particular, knowledge of any height or story variances to be requestedis crucial to evaluatingthe PRD.
B. The PRD should be subject to a density penalty. The criteria for reductions from the benchmark densityare outlined in the Municipal Code 9. 65.050. C under a series of 6 items.
For example, the project does not have good access to schools, shoppingor public and semipublicfacilities ( item 1); and the project does not have goodaccess from the adjoining public streets ( the designof the projectputs most of the lots far from the public streets) (Item 2). More importantly, the project fails to adequatelyincorporatethe natural features of the area into the PRD ( Item 4). This last issue includes planningto build a road across the largest area of open space, with the result of drastically reducingthe value of that open space, both visually, and for wildlife. Similarly, the access road for the sewer line and for the Alessandro Dam have to plannedto cross critical open space areas, againreducingthe value of the open space. In addition, the plan destroys part of the natural area close to the main Alessandro Arroyo (lots 43-49), profoundlyreducingthe natural beauty of this major arroyo. Finally, item 5 states that a 50% densitypenaltycan be imposedon land where the slopeexceeds 10% to " minimize and discourage unnecessary and undesirable grading". In this case, the slopeswhere the lots and roads will be gradedare very steep (generally > 15%, and sometimes > 30%). To this we add the fact that 76% of the lots and all of the roads require gradingexceptionsclearly indicates excessive " undesirable" grading. Clearly, it follows that the criteria for a density bonus have not been met. Thus, at a minimum, the density bonus that is being requestedshould be denied ( reducing the units to 24); however we believe that, given the conditions of this development, a 50% density reduction is necessary, reducing the number of allowable units to 12.
4. The granting ofgradlng exceptions on 22 out of 29 (76%) of the lots and on all of the roads is excessive.
Background. The gradingexceptionson the lots refer to grading into the arroyo ( 18 lots) or its setback ( an additional 4 lots). All 5 roads require gradingexceptions. Thus a significant portion of Century Hills Road crosses the natural open space arroyo area,: and includes slopesup to 30f~ in height. Cresthaven Drive crosses part of an arroyo that will be filled creating a slopeup to 30fl in height. The two service roads are both located in open space areas.
We feel that it is important to emphasizethat importanceof the 50ft setback to arroyos. One important aspect is reducing the risk of fire. The setback allows for development to occur away from 12- 104
5 of 10
Issue Arising:
A. Grading Exceptions. Members of Friends of Riverside's Hills and other concerned groups walked the site with Planning Staff. StaffFindings for gradingwithin the limits of the arroyo and setback are based primarily on part of the GradingOrdinance, 17. 28.020. A.14. This states that
No developmentor gradingof any kind shall be permittedwithin fifty feet of the limits of the Mockingbird Canyon, Woodcrest, Prenda, Alessandro, Tequesquite, or SpringbrookArroyos and associated tributaries as shown on Exhibits A- F. The Zoning Administrator shall have the authorityto administratively allow grading within designatedarroyo tributaries dependingon the sensitivelyof the area.
Sensitivity shall be determined by such factors as the presence of riparian vegetation, habitat for rare or endangeredspecies, significantrock outcroppingsor other unique topographicfeatures on the property proposedto be gradedor in nearby segments of the same tributary."
One concern that immediately arises is that the criteria for "designated arroyo tributaries" has never been established or made public, so that we are unable to insure that such designations are not contrary to the furtherance of measures R and C. In the absence of clear definitions, the intent of the original designationof arroyos is undermined and opens up the possibility for excessive grantingof gradingexceptionsthat we see in the present case.
Our concerns over StaffFindings ar~:
i) Strict application would result in practical difficulties or unnecessary hardship:
Grading into the arroyo or its setback.
Lots 37- 40. The staffargues that without the exceptions, reasonable sized building pads could not be graded; however, this is caused by the excessive crowding of the lots, and as such is self- induced. They also argue that the areas proposedfor grading "do not have the characteristics that the Grading Ordinance endeavors to preserve". Here they are presumably invoking 17. 28.020. A.14 as discussed above; however, this argument is insufficient since the ordinance includes the phrase "or in nearby segments of the same tributary". In this case, the vegetationeither on the site of the exceptionsor nearby gradesfrom high quality Riversidean SageScrub ( RSS) into typical riparianvegetation, including willows and mulefat. This type of vegetationis habitat for rare and endangeredspecieson this site, several of which we can expect on this site; indeed on our brief walk we saw Beldings orange-throatedwhiptails and San Diego black- tailed jackrabbitsboth of which are classified as rare by the California Dept. offish and Game ( California Natural Diversity Database, January2004). Finally, Staffappear to suggest that these arroyo areas do not have a 30% slope. We disagree, but if staffbelieve there is a genuineerror in the mappingproject, then they should provide historical data that supports this opinion, noting that if in some areas, the average slopehas been altered by disking and other human activity, then this should have no bearingon the delineation.
Lots 41,46 and Grass Valley Way. The Staffstate that this area does not appear to be part of an arroyo. This is false, and in fact, this arroyo drains a nearbywetland, with the vegetationtypical of a wetland area ( willow, mulefat, etc). Finally, the proposedgradingis on the sides of a very well defined steep-sided arroyo, as can be seen by looking at the topographicalmap of the project.
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9 of 10
lb) Land use and planning. Conflict with applicable environmental plans or policies.
The rcsponsc to this questionis based on a previousapprovalfor TM 28728; however, this does not guarantee the approvalnow. In any event, there is a significantchange. There is a wetland/ stream area at the intersection of Century Hills Drive and Grass Valley Way. This wetland will now be severelyimpactedby the settlingpondsand sewage pumpingstation sited by the wetland. Furthermore the potentialimpacts of the sewage pumping station and sewage line on the Alessandro Arroyo and surroundingarea have not been considered. This changehas a potentially significantimpact, and is not mentioned.
This wetland area was identified by R. B. Riggins in their Biological Assessment of 2001, but the March 2003 jurisdictional delineation by Michael Brandman Associates ( MBA) considered the area to be part of a jurisdictional water, but not a wetland; however, MBA failed to provide any data associated with their determination. Solid, substantiallymore jurisdictional waters were identified in the 2001 studythen were seen in a 2003 study. Given the importanceof wetlands and jurisdictional waters, this difference of opinlon should be resolved by an independentsurvey as part of an EIR. Thc fact that a 5-yr draught, the fire a few years ago, and weed clearance can temporarily modify the signaturesused for wetland delineation was ignored. Thc delineation needs to be done againand after a good storm.
3e) Geology and Soils. Grading on Natural Slopesover 10%.
Contrary to the view of Staff, we consider that the excessive gradingon steep slopesproposedin the project is not justified by the Findings and has a potentially significantimpact. Most of the statements in this section are taken from the Findings made by Staff. We disagreewith the validity of many of these statements and have commented upon them earlier in section 5 Findings).
3i) Geology and Soils. Unique geologic or physical features? The Alessandro Arroyo and its major tributaries are recognizedas a significant landform. The gradingordinance clearly delineates the arroyo system using objectivecriteria. The Staff recognizethat this project will impact some major portions of the arroyo. In fact, the excessive grading impactsboth the main arroyo and some of its major branches. In addition, where CenturyHills Drive crosses thc open space, it is within the area of the main arroyo and will result in extensive filling of these major branches. Such actions will have a potentially significant impact on the unique landform of the area.
Staffnote the possibility that the long term maintenance and management of the arroyo open space may be left to the Home Owners Association ( HOA). A HOA has no expertisein managingsuch an important resource, and approval of the CC&Rs by the Planning Staff and the City Attorney's Office does nothing to improve the situation, since they have no expertisein this area either. Allowing the possibility of long-term management by the HOA has a potentially significant impact.
4a) Water. Change in absorption rates, drainage patterns... Staff fail to comment on the changesto the drainagepatlems resulting from the filling of several tributary arroyos for the roads. In particular, the jurisdictional waters, and possible 'wetland area, at the intersection of Grass Valley Way and Century Hills Drive, will be impactedby both the roads, the sewage pumping station, and by the settling "bio-~ wale". This is a source of potentially significant impact.
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10 of 10
4b) Water. Discharge into surface waters... The impactof the settlingpond, and the other sources of water that will be dischargedinto the Alessandro Arroyo as a result of the surface waters from streets crc running down to the open space areas. This could have a potentially significant impact. The cumulative impact of increased impermeablesurfaces, changesin percolationand runoff patterns, and how this affects this importantwatershed need to be addressed in a thoughtful manor.
15b) Recreation. Affecting existing recreational opportunities. Staff correctly note that the Harwarden Hills Specific Plan (HHSP), a part of the City General Plan, identifies a trail corridor from the Alessandro Arroyo to the Harwarden Hills Vista Point that passes alongthe whole western edgeof the tract map. Staff suggest that this requirementwill be satisfied by a trails easement identified at the time of project development. This is unlikely to be successful, since there is currently no way that a continuous open space trail can be placedwithin the tract map along the western edgeof the property. ]t would have to pass directly through lots 54- 56.
Moreover, as noted earlier, the HHSP stated that about 15 acres should be set aside for the trail, and it is clear that no such provisionhas been made within the current project. This is a potentiallysignificant impact.
Another potentiallysignificant impact concerns the Alessandro Arroyo trail. This is part of the City General Plan, but its location has not been considered. Serious consideration of the options for the location of this trail must be part of the evaluation of this tract map. 16a) Mandatory findings of significance. Does the project have the potential to degrade the quality of the environment... Staff response is no. However, they fail to recognizethe importanceof the lon- term management of the environment ( see 3i) in maintaining the quality of the environment. Additionally, the problemsof getting the settlement " bio- swale" to work effectively are not considered, and the potentialdangersfrom the sewage line running across the open space area above the Alessandro Arroyo are not considered. In addition, the project does have the potentialto reduce the number of rare animals ( two specieswere mentioned earlier as being seen on site during our walk through, althoughneither was seen by Michael Brandman Associates during their survey).
In summary, this project is likely to have a number of potentially significant impacts, and for this reason the negativedeclaration should be denied and an EIR requested. The excessive variances and gradingexceptionsare indicative of the problemsassociated with this project, and should be denied.
The PRD criteria for a density bonus are not satisfied and a density reduction is warranted, reducing the number of lots below 24. Finally, the requirementsof the Harwarden Hills SpecificPlan are largelyignored. Specifically, the Plan requiresa substantial area to be dedicated to a trail from Tiburon Knoll to the Alessandro Arroyo, and a reduction in housing density close to the arroyo.
Thank you for your attenfion.
Communicated for Friends of Riverside's Hills by Len Nunney 4477 Picacho Dr., Riverside, CA 92507
email: [email protected]
phone: (909) 781-7346
12- 111
The overall number of proposedlots still lies within the allowable maximum yield pursuant to the City's density bonus provisionsfor PRDs. This is discussed in detail in the body of this report.
The projectinvolves gradingon slopesrangingbetween 10% and 30% and will requireexceptions from the City's GradingOrdinance standards related to the encroachment of building padsand/or manufactures slopesinto the 50- foot developmentsetback and limits of the Alessandro Arroyo and to permit slopesin excess of 25- feet for streets.
The projectalso involves a request to rezone approximately7- acresfrom the O - Official Zone to the RC - Residential Conservation Zone. As a matter of information, a rezoning case for the area in questionwas also approvedin 1994 in conjunctionwith TM 23027 and PD- 001-912. However, the applicanthas chosen to refile a new rezoningrequest instead of requestinga time extension for multiple years.
ANALYSIS
In reviewing this project, staffhas the following comments:
General Plan/ SpecificPlan/ Zoning Considerations
Re2ol~ing
The project is consistent with the General Plan land usc designationsof RHS -- Hillside Residential andNOS -- Natural Resources Open Space. Except for approximately 7 acres generallylocated alongthe southern most portions of the project area, the property is zoned RC - Residential Conservation. Zoning Case RZ- 006-912 was previously approved in conjunction with the original map and PRD ( TM 23027 and PD- 001-912) to rezone the southernmost 7- acres of the project area from the O -- Official Zone to the RC -- Residential Conservation Zone. Instead of filing a time extension for multiple years, the applicant is requesting a new rezoning application. This rezoning request will be in compliancewith the previouslyapprovedPRD and Tract Maps 23027 and 28728. The site is surrounded by RC Zoned property and staff has no objection to the proposedrezoning request in order to comply with the original PRD for this property.
A portion of the area to be rezoned encompasses currently owned by the Riverside County Flood Control District, in which final approval of the County will be required in order to finalize the rezoning and map. Overall, 17. 45-acres of the subject property is still owned by the Riverside County Flood Control District, in which the applicant plans to purchase this property. The applicant and County have been involved in on- goingnegotiations for the sale of this property. If the applicant is unable to acquire this property, the applicant will be requiredto revise the map to eliminate approximately6 lots due to a loss of acreage in developablearea, resulting in a maximum of 80 lots for the entire PRD.
Revised Planned Residential Development
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CiW planning Commission August 19, 2004 3 P03- 1451, PO3- 1545 and PO4- 0260
both 1994 and 1998 required a number of conditions requiring design changesto meet grading, neighborhoodcompatibilityand aesthetic concerns. This new map does not reflect all changesas conditioned and staff is recommendingthe same conditions of approvalas approvedby the City Council in 1998. The following discussion restates previously identified designconcerns which are addressed in the recommended conditions of approval.
The previous map proposedcustom grading for lots 54-57 and the applicant is now proposingto mass gradethese lots in conjunctionwith the remainder of the project. All changesto padelevations and lot widths for lots 54 through57 have been incorporatedinto this new map, as conditioned under TM 28728.
The project also includes an access road to the Riverside County Flood Control dam site located along the southwesterly portion of the site. As well, lots 50-52 have been reconfigured, as conditioned under TM 28728, to provide long driveways for these lots and cul- de-sac Century Hills Drive along westerlyend of the map. Finally, the projectproposes installation of a new sewer line and access road in the open space area. The line originates from the adjacentresidential developmentto the north ( TM 28728-2) and flows to the south until it reaches the intersection of Grass Valley Way and Century Hills Drive.
Variances
This project also requires variances which the City may grant, provided that findings in support of the requests can be made. Variances are requestedto permit parcelsless than 2- acres for lots with an average natural slope (ANS) greater than 15% but less then 30% for lots 37 - 39, 43-48, 50-79, parcelsless than 5- acresin size on lots with an ANS greater than 30% for lot 49, and landlocked parcelslocated along private streets for residential and open space lots. Staff can support the variances requestedfor lot size because of the overall benefits of the design with regardto preservationof open space and unique topographical features. Staff has made the necessary findings in support of these variances and has attached variance justifications.
Although many of the lots do not meet the requiredlot width of 130- feet as requiredby the RC Zone, a variance is not needed as these lots are not fronting on a public street. Since they do not have a front property line from which to measure the lot width at the front yard setback line, these lots do not technically need a lot width variance. To ensure that the placementsof the homes on these lots are consistent with the intent of the RC Zone, staff is adding a condition that for purposes of measuringthe front yard building setback line the private street will be considered a public street. All homes placed on these lots will have to be setback 30- feet from the private street property line and 25- feet from the side and rear property lines"
Grading
The project area is characterized by Slopesthat range between approximately 10 and 30 percent, with an average slope of approximately 26%. The proposed grading for this project is regulated by the Public Works Department and the City's Grading Ordinance. 12- 117
Commission August 19, 2004 5 I> 03-1451, P03- 1548 and P04- 0260
RECOMMENDED CONDITIONS & GENERAL INFORMATION NOTES
Case Number: P04- 0260 ( Rezoning) Meeting Date: August 19, 2004 CONDITIONS All mitigation measures are noted by an asterisk (*).
Standar~d Conditions
Planning
Prior to finalization of the rezoning case, the applicant shall obtain final authorization from the Riverside County Flood Control District or the applicantshall have acquiredsuch property.
There shall be a two- year time limit in which to satisfythe approved conditions and finalize this action. Subsequentone- year time extensions may be grantedby the City Council upon request by the applicant. Any extension of time beyond five years may only be grantedafter an adver- tised public hearing by the City Council.
When all of the conditions of approvalhave been completed, the appli- cant shall apply for a request for processingthrough the Public Works Departmentto initiate finalization of this rezoning. A fee may be re- quired.
All necessary parcel description describingthe exact area to be rezoned shall be prepared, signedand sealed by a licensed Land Surveyor or Civil Engineer authorized to practice Land Surveying in the State of California for the area of the property to be rezoned. Descriptions are required to be on 8~ inch by 11 inch paper with the title " Attachment A' at the top.
GENERAL INFORMATION NOTES
1. AppealInformation
ao Actions by the City Planning Commission, including any environmental finding, may be appealedto the City Council within ten calendar days after the decision. . I
Appeal filing and processinginformalion may be obtained from the Planning Depamn~ntPublic~ -- Information Section, 3rd Floor, City Hall. 12- 121
CiO/ PlanningCommission August 19, 2004 P03- 145 l, PO3- 1548 and P04- 0260
6. 8.
9. 10.
11. 66499.37 of the Govemment 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.
The applicantshall obtain final authorization from the Riverside County Flood Control District or the applicantshall have acquiredsuch property.
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 subjectto the approvalof the PlanningDepartmentand 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 conser- vation organizationsuch as the Riverside Land Conservancysubjectto the approvalof the PlanningDepartmentand City Attorney's Office. The property shall be transferred either in fee title or an easement established to facilitate maintenance/stewardship by such an organization.
Lots 53 and open space Lot 87 shall be combined as one open space lot.
The applicant shall prepare and record Covenants, Conditions, and Restric- tions ( CC&Rs) and other documents as necessary subject to approval of the PlanningDepartmentand 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 development setback;
b. establishinga Homeowner's Association;
C. the keeping of livestock is prohibited;
d. prohibiting further subdivision of any lots within this map.
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.
Lots 88 and 89 should belsplitat the phasing line to create two new, num- bered open space lots.
Planning Cases P04- 0260 and P03- 1548 ' shall be finalized.
Easements shall be recordedas necessary to provide water to the adjoining lots to the north of Rolliflg Ridge Road and that the developer stub the waters lines to all effected, contiguous properties.
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P03- 1451, P03- 1548 and P04- 0260
Prior to Grading Permit Issuance
12. The proposedprojectaffects 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 Department offish and Game; the Army Corpsof Engineers; the U. S. Fish and Wildlife Service; and the California RegionalWater Control Board. These agencies' approvalwill be requiredprior to gradingpermit issuance and the applicant is responsiblefor compliancewith all requirementsand conditions of these agencies.
13. Permanent loss of RSS will be mitigated at a greater than 3:1 ratio through the onsite preservationof 20.6 acres of RSS ( 9.6 acres moderate quality, 11 acres low quality) adjacentto the Alessandro Arroyo.
14. The permanent loss of jurisdictional waters will be offset by the expansion of the unnamed drainagefeature at a 1:1 ratio. The mitigation site will be located immediate downstream of the road crossing and adjacentto the proposeduplandwater quality bio- swale. It is anticipated that the bio- swale will provide sufficient hydrology to support riparian vegetation.
15. 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 prior to discharge into the drainage feature. The HOA will provide long term maintenance, consisting of installation of native grasses, and sediment removal as needed.
16. A three year maintenance and monitoring plan is proposedto ensure the successful establishment of the native cover within the mitigation area.
Riparian vegetationwill be installed within the mitigation site consisting of native grasses.
17. The project site is located within the Riverside County SKR Habitat Conser- vation Plan Fee Assessement Area, and therefore subjectto current fee requirementsas administered by the City of Riverside.
18. The grading plan shall belrevised, subject to Planning Department review and approval, to:
a. clearly indicate all padand lot drainage, subject to review and approval by the Planning and ?~blic Works Departments. Cross lot drainage covenants, if necessary, shall be subject to Public Works and City Attor- ney's office Departments review and approval.
b. Indicate that all rip-rfit3will be natural rock ( not blasted) and all visible 12- 124
drainagefeatures will be color treated to blend in with the natural sur- roundings.
c. Indicate an interim e~ osioncontrol program to be certified by the project engineersubjectto Public Works Department review and approval. d. Reflect City adoptedcontour grading policies· Prior to issuance of a building permit, the applicant's engineershall submit a letter certifying the contouring of such required slopes in accordance with City adopted standards.
e. Indicate that grading ~operationswill 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 ),ear flood limits of the blue line stream to the satisfac- tion of the Public Works Department.
19. Preparea detailed grading plan at 1 "=40' scale for lot 45 showing protection of the existing rock outcroppings, subjectto Planning Department approval.
20. Final driveway gradesand configurations will be subjectto review and approval of the Fire Department.
21· Tract Map 31930 shall be recorded.
22· Provide a trail across the subjectproperty, between the Alessandro Arroyo and the northerly boundaryof the subject property for eventual connection to Tiburon Knoll, subject to approval of the Planning Department.
23. Landscaping and irrigation plans for all manufactures slopesin excess of five feet in vertical height shall be submitted to and approvedby the Plan- ning Department. The applicant's engineeror landscapearchitect shall submit a letter certifying to the installation of such required landscapingand irrigation facilities prior to the release of utilities.
24. In the event that joint access driveways are proposed, covenants shall be preparedsubjectto the satisfaction of the City's Attorney Office and Public Works Departments.
25. 26.
The grading plan shall be revised to reflect all design changesrecommended in this City Planning Cofi~missionreport.
Adjacent property ovmerlsapproval shall be obtained for all off- site grading.
Also, slope maintenance ~ agreements for all slopescrossing property lines shall be recorded subjecbto approval of the Planning and Public Works Departments and City At[ tomey's Office
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Ciw Planning Commission August 19, 2004 13 P03- 1451, P03- 1548 and P04- 0260
27. The applicant shall prepare a Coastal SageScrub and riparian enhancement plan subjectto review and approvalof the Planning Department prior to gradingpermit.
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. Grading activity shall be in substantial compliancewith the grading plan on file with this application.
31. Advisory: The RegionalWater Quality Control Board requires the preparation and implementationof a Storm Water Pollution Prevention Plan ( SWPPP).
32. 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~ timesa 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) Replace groundcover in disturbed areas as quickly as possible; and
c) Appoint a construction relations officer to act as a community liaison concerning on- site construction activity, including resolution of issues related to PM 10 generation.
33. Advisory: Any disturb~mce of the "blue line streams" will require permits and approvalfrom the State Department offish and Game and U. S. Army Corps of Engineers.
34. Habitat Conservation Plan
HCP.
Prior to Building Permit Issuance
35. The applicantshall comply with the long term Stephen's Kangaroo Rat ( SKR) HCP) and the City's policies for implementing the
The applicant is advised t! at the project is in an area impacted by a CNEL noise level between 60 ant 70 dBA. Dwelling units constructed within the noise impacts areas will h~ve to be sound insulated to the specifications of the Building Division. .~"
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City PlanningCommission ^ UlglS119, 2004 14 P03- 1451, P03- 1548 and P04- 0260
36. Submit documentation of approvalby 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 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 Planning Department staff.
38. Any lighting other thau normally associated with a residential use, such as tennis court lighting, will bereviewed by the Planning Department in the Design Review process. Any tennis court lighting is required to be hooded and directed downward. In addition, the designshall avoid off- site light spillage.
39. For purposes of measuringthe front yard building setback line the private street will be considered a public street. All homes placed on these lots will have a from 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.
40. 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.
Standard Conditions
Planning
41. 42.
There is a thirty month time limit in which to satisfy the conditions and record this map. Five subsequentone- year time extensions may be granted by the City Planning Commission upon request by the applicant. Application for a one- year time extension mpst be made prior to the expiration date of the map.
No time extension may belgrantedfor applications received after the expira- tion date of the map.
In approving this case, it hhsbeen 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 andGame Code is required.
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City PlanningC° namssionAugust 19, 2004 15 P03- 1451, P03- 1548 and P04- 0260
55. Removal and/or relocation of irrigation facilities, as required.
56. All property subjectto flobdingfrom a 100-year storm shall be placed in the WC ( or other appropriateZone) prior to or concurrently with recordation of this map.
57. Ownershipof property to be undivided prior to this map recording.
58. 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 accommo- date the placementof containers for automated collection. This requirement shall be incorporatedin thb CC& R's for this project.
Fire Department
59. Requirementsfor construction shall follow the Uniform Building Code with the State of California Amendments as adopted by the City of Riverside.
60. Construction plans shall be submitted and permitted prior to construction.
61. Any required fire hydrantslshall be installed and operational prior to Fire Departmentrelease of permit.
62. Fire Department access is requiredto be maintained during all phasesof construction.
63. Prior to map recordation the Fire Department recommends the following conditions be included in a recorded covenant to the satisfaction of the City Attorney's Office and Fire: Departments to ensure that future buyers are informed of these requirements:
On- and off- site fire protection facilities shall be provided to the specifications of the Fire Department.
The Building Division and Fire Department shall inspectand approve the property and sffucture for the intended use and all standards and regulations shall be met.
c. Residential fire * sprinklers shall be installed per City Ordinance # 6019.
64. d. A public water sysl¢m shall be provided and maintained. e. Streets and fire . apparatus access roads shall meet public street stan- dards. ~
Appropriate provisions sh0llbe made and approved by the City resolution or City planningcomnussion August 19, 2004 17 P03-1451, P03- 15,18 and P04- 0260 agreement to insure streets are maintained and repairedwhen necessary in the event a homeowners association fails to do so.
65. 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.
66. Enh'y gate(s) shall meet Fire Department requirementsfor access and be equippedwith key box ( Knox) devices.
67. All dead-ends, caused by r~ cordationof individual phasesof the map, in excess of 150-feet will be requiredto provide a temporary turnaround to the Fire Department's approval.
Public Utilities
68. All utilities shall be satisfactorily relocated, protectedand/or replacedto the specificationsof the affectOddepartmentsand agencies, and easements for such facilities retained as necessary.
69. The provision of utility easements, water, street lights and electrical under- groundand/or overhead facilities and fees ~n accordance w~th the rules and regulationsof the appropriatepurveyor.
70. Consideration for acceptanceof a City maintained water system within private developmentsrequiresthe following:
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 gradedstrip (minimum 30- feet wide) elsewhere as needed.
Easements shall be kept clear of structures, trees and all other deep rooted plantswhich could interfere with the operation, maintenance and/or replacement .of City water facilities. This includes medians.
The City Water Utility shall review and approve all construction and landscapingplansWithin the easement areas.
71. d. Private streets shalllbe constructed to Public Works specifications, including standard ~-inch curb and gutter to provide adequatedrainage for flushing and flo~v testing fire hydrants.
e. City water mains lnlpnvate streets shall be ductile iron and shall be constructed beneatl~ all transverse storm drain facilities. f. Compliance with allyother special requirements of the Water Utility.
Applicable Water Utility feesand charges, will be required prior to record- 1: 2-130
City PlanningCommission August 19, 2004 18 P03- 1451, P03- 1548 and P04- 0260
Recreation and Public Works Departments and City Attorney's Office, for all reverse frontage and public landscapeimprovements that extend beyondthe public right of way.
83. 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.
84. Trail signageshall be placed along the trail prior to recordation, or shall be incorporatedinto the perfoi' mance/labor material bonds executed for construc- tion of the trail.
85. A Covenant and Agreement for the maintenance of the landscapedparkways, reverse frontageand publi6landscapeareas and medians, approved as 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 $ cceptanceof these landscape areas for private maintenance by the HOA.
GENERAL INFORMATION NOTES
AppealInformation
Actions by the City Planning Commission, including any environmen- tal finding, may be appealedto the City Council within fifteen calendar daysafter the decision.
Appeal filing and processinginformation may be obtained from the Planning DepartmehtPublic Information Section, 3rd Floor, City Hall. 12- 132
RECOMMENDED CONDITIONS & GENERAL INFORMATION NOTES
Case Number: P03- 1548 (Planned Residential Development) Meeting Date: August 19, 2004 CONDITIONS All mitigation measures are noted by an asterisk (*).
Standard Copditions
Planning
A maximum of 86 lots shall be al towed under this Planned Residential Development on approximately 167. 5-acres.
In approvingthis case, it is found that this proposedproject is consistent with the existing generalplan for the City ~)f Riverside based on substantial evidence discussed in this report. There is not substm : rial evidence in the record that the project will interfere with the revised general dan currently being preparedby the City. lities shall be provided to the specifications of theOn and off- site fire protection fac Fire Department.
Fire Department Advisory Conditions:
Singlefamily residences shall me~t all the following requirementsprior to issuing a building permit. ~
Public fire hydrant capabl~ of delivering ! ,000 G. P.M. available at 20 P. S.I. residual pressure.
EXCEPTION: Public tire hydrantcapableof delivering 500 G. P.M available at 20 P. S.I residual pressu~'e with an approved residential fire sprinkler system per N. F.P. A. 13(d).
Public fire hydrant shall b~ ',within 350 feet from the driveway entrance as measured by route of traw
All exterior portions of th~
from an approved water st
approvedroute around the
single family residence shall be within 300 feet
pply located on a public way, as measured by an
exterior of the building
EXCEPTION: Access requiremer ts may be removed if single family residence has an approvedresidential fire sprinkler!system per N. F.P. A. 13(d) and the entire exterior of the single family residence, roof, !iding, and overhangs, are of fire retardant construc- tion
12- 133
City PlanningCommission Auguz[ 19, 2004 21 P03- 1451, P03- 1548 and P04- 0260 Water Utilities advisory conditions:
Consideration for acceptance of a City maintained water system within private developments requiresthe followhlg:
ao Easements will be providedas requiredby the Water Utility. This will include the entire width of private ~treets (minimum 50 feet wide) and a gradedstrip minimum 30 feet wide) elsewhere as needed
b. Easements shall be kept clear of structures, trees and all other deeprotted plants, which could interfetewith the operation, maintenance, and/or replace- ment of the City water
thcilities. This includes medians.
TheCityWaterUtilitityshallreviewandapproveallconstructionandlandscapingplanswithintheeasementareas, iPrivatestreetsshallbeconstructedltoPublicWorksspecifications, includingstandard6inchcurbandguttertoprovidea~lequatedrainageforflushingandflowtestingfirehydrants. ~Installation of a12inchwatermai~ acrosstheAlessandroArroyois ofprimeimpor-tancetotheexpansionandoperationof thecity1400zoneonbothsidesof thearroyo.Therefore, theinstallationora12 ~nchwatermainina gradedeasementisrequiredfromyourprojectboundaryneartl~eArroyoDamtothenearestprivatestreet, asapprovedbytheWaterUtilityand ~hePlanningDepartment. Crossingthe
11. 12.
space lots. Phases 3 and 4 of TM 28728 were approvedfor a total of 28 single family residential lots and four open space lots.
The proposedmap does not comply v~iththe previouslyapprovednumber of lots under the originally approvedPRD ( PD-001 ~912) which approveda total of 85 lots whereas as the proposedmap proposes 86 lots. / is such, the applicant is also requestingan applica- tion for a revised PRD. The overall fiumber of proposedlots still complies with the City's density bonus provisions for PRDs. This is discussed in detail in the body of this report.
The project involves gradingon slop{
exceptionsfrom the City's Grading
building padsand/or manufactures sl,
of the Alessandro Arroyo and to peru
s ranging between 10% and 30% and will require
rdinance standards related to the encroachment of
pes into the 50- foot development setback and limits
it slopes in excess of 25- feet for streets.
The project also involves a rezoning
from the southerlyportion of the proj
the property in the RC - Residential
General Plan land use designationof
Amendment is not required. As a ma
questionwas also approvedin 1994
However, the applicanthas chosen to[ refile
time extension for multiple years.
equest to remove an O - Official Zoning designation
ct area where development is proposedand placing
onservation Zone. The area to be developedhas a
Hillside Residential, in which a General Plan
tter of information, a rezoning case for the area in
conjunction with TM 23027 and PD- 001-912.
a new rezoning request instead of requestinga
Existing Land Uses and Setting:
The subjectproperty is characterized byvacant, steeply sloping terrain traversed by a series ofridgelines and arroyo tributaries. The main arroyo, the Alessandro Arroyo ~s a blueline stream generallylocated alorigthe southerly edge of the property. Numerous rock outcroppings and mature trees are
locatedthroughout the project area. The Alessandro
Dam lies directly to the southwest of the subject property. Surrounding properties to the south and east are primarily vacant, b¢t planned for large lot ( RC Zoned) single family residential development. Propertiest9 the north and west are characterized by a mix of vacant properties, conventional reside{ntial units and large lot single family residences along the Hawarden Hills ridgeline. ~
Surrounding Land Uses and Settin ;:
Adjacent existing land use:
North: Single Family Residential
East: Vacant
South: Vacant
West: Vacant
Adjacent zoning:
North: R- l-100 and R- I-130 -- Sin le Family Residential Zones & RC -- Residential Conservation Zone
East: RC -- Residential Conservatibn Zonl~ ~}.~I 36South: RC -- Residential Conservation undO-- Official Zones 2 P03- 1451,P03- 1548, P04- 0260
ISSUES ( AND SUPPORTING
INFORMATION SOURCES):
Conflict with generalplan designationor zoning?
Source: GENERAL PLAN LAND USE DIAGRAM, TITLE 19 OF THE
RIVERSIDE MUNICIPAL CODE)
The proposedproject involves the subdivision
of approximately 86.31 vacant acres to create
29 single family residential and 5 open space
lots. A Planned Residential Development
application has been submitted to allow one
additional lot to the previously approved TM
28728. The original Planned Residential
Development request was approved in 1994 in
conjunction with TM 23027, the original tract
map for this project area, and subsequently
for TM 28728. The proposed PRD complies
with the maximum density bonus allowed
under a PRD in the RC zone.
This project also requires variances and grad-
ing exceptions, which the City may grant,
provided that findings in support of the re-
quests can be made. Variances are requested
to permit parcels less than 2- acresfor lots with
an average natural slope (ANS) greater than
15% but less then 30% for lots 37 - 39, 43-48,
50-79, parcels less than 5- acresin size on lots
with an ANS greater than 31)% for lot 49,
landlocked parcels located along private
streets for residential and open space lots, and
lot widths at the building setback line less than
130- feet in width for lots 38, 44, 49 and 50- 53.
Grading exceptions are discussed in detail in
Section 3.e.
The project also involves a rezoning request to
remove an O - Official Zoning designation
from the southerly portion of the project area
and place the property in the RC - Residential
Conservation Zone to facilitate this develop-
ment. The area to be developed has a General
Plan land use designation of Hillside Residen-
tial. A General Plan Amendment is not re-
quired.
12- 141
3 Potentially Potentially LessThan No
Significant Significant Significant Impact
Impact Unless Impact
Mitigation
Incorpo-
rated
I 0~- 1451, P03- 1548, P04- 0260
ISSUES ( AND SUPPORTING
INFORMATION SOURCES):
i. Unique geologicor physicalfeatures?
Adjacent to the site to the south is the main
branch of the Alessandro Arroyo, a major
arroyo which is a designatedNatural Arroyo
under the General Plan and Grading Ordi-
nance. A number of tributaries to the
Alessandro Arroyo traverse the site. While
portions of the tributaries will be retained as
open space throughout the project, develop-
ment will reduce the size of some tributaries
within the boundaries of the Arroyo. Staff can
generally support the requested exceptions to
the grading ordinance to permit grading
within the Arroyo boundary and setback
because the project design is sensitive to the
natural terrain and incorporates the preserva-
tion of significant natural features in relatively
large open space areas. In addition to the
Arroyo, the site contains large areas of rock
outcroppings within open space lot 88, a
unique feature recognized by the City zoning
ordinance. The map and grading plan have
been designed to preserve rock outcroppings
which are visible on the site where ever possi-
ble. Most of the major outcrops have been
retained within the open space areas or in
parcel areas outside the graded pad.
An open space easement shall be placed over
all ungraded portions of the map consistent
with the provisions of the Grading Ordinance.
The easement shall designate these areas for
natural open space purposes .' md shall pro-
hibit fencing, grading, structures or vegetation
removal. This open space shall be dedicated to
an appropriate conservancy organization for
purposes of long term maintenance and man-
agement.
Potentially Potentially Less Than No
Significant Significant Significant Impact
Impact Unless Impact
Mitigation
Incorpo-
rated
12- 148
1 0 PO3- 1451, PO3- 1548, P04- 0260
ISSUES ( AND SUPPORTING
INFORMATION SOURCES):
Should no organization be found, a home
owner's association ( HOA) shall be established
to maintain these areas. In the case an HOA is
required, CC & R's will be required to insure
maintenance and management of the open
space, subject to approval of the Planning
Department and City Attorney's Office.
Potentially Potentially Less Than No
Significant Significant Significant Impact
Impact Unless Impact
Mitigation
Incorpo-
rated
4. WATER.
Would the proposalresult in:
a. Changesin absorptionrates, drainagepatterns, or
the rate and amount of surface runoff?. ( so~:)
project will result in increased impermeable
area, thereby altering absorption rates and
increasing surface runoff. The City of River-
side General Plan anticipated the impacts of
development on drainage and addressed these
impacts through the implementation of a
master drainage plan for each of the City's
drainage basins. Drainage improvements shall
be consistent with the requirements of the
City's Public Works Department.
There are a few instances where grading
crosses lot lines and/or the tract boundaries.
Approval for all off- site grading will be re-
quired from all affected property owners and
covenants will be required ensuring adequate
maintenance of all such proposed facilities,
subject to review and approval by the City
Attorney's Office, Planning and Public Works
Departments.
12- 149
1 1 P03- 1451, P03- 1548, P04- 0260
ISSUES ( AND SUPPORTING
INFORMATION SOURCES):
Violate any air quality standard or contribute to
an existing or projected air quality violation?
LSA Associates prepared an Air Quality
Analysis for TM 31930, dated June and July
2004. The Analysis identifies that project
construction will temporarily exceed the South
Coast Air Quality Management District daily
thresholds of significance for Nox and PMI0.
Compliance with SCAQMD Rules 402 and 403
shall be followed in order to minimize air
pollutant construction emissions. However,
because project construction is only proposed
for 5-6 weeks, this short term impact is deter-
mined to be less than significant.
Additionally, the applicant will implement the
additional mitigation measures:
1) 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; 2) Replace
groundcover in disturbed areas as quickly as
possible; and 3) Appoint a construction rela-
tions officer to act as a community liaison
concerning on- site construction activity, in-
cluding resolution of issues related to PM 10
generation.
Potentially Potentially Less Than
Significant Significant Significant
Impact Unless Impact
Mitigation
Incorpo-
rated
No
Impact
12- 1543. 6 P03- 1451, P03- 1548, P04- 0260
ISSUES ( AND SUPPORTING
INFORMATION SOURCES):
d. Inadequateemergency access or access to nearby
uses? ( Soure~:)
The development of this project will include
the construction of Century Hills Drive, which
will connect the dead end at Cresthaven to the
dead end that currently exists at Century. The
connection of these 2 dead end streets will
improve emergency access to the Project.
e. Insufficient parking capacityon- site or off- site? Sourc*:)
The plans for the proposedhomes will need to
include the required on- site parking at the
time of Design Review approval.
f. Hazards or barriers for pedestriansor bicyclists?
Souse:)
No hazards or barriers for pedestrians or
bicyclists are caused by this project.
g. Conflicts with adoptedpoliciessupportingalter-
native transportation (e. g., bus turnouts, bicycle
racks)? (so~:)
The project will result in the construction of
29 new single family residences and will not
conflict with policies supporting alternate
modes of transportation.
h. Rail or air traffic impacts?
The project site is not in the vicinity of rail
facilities. The site is located within the March
Air Reserve Base influence area. Approval
from the Airport Land Use Commission
ALUC) will be required prior to building
permit issuance. 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
will be required.
Potentially Potentially Less Than No
Significant Significant Significant Impact
Impact Unless Impact
Mitigation
Incorpo-
rated
7. BIOLOGICAL RESOURCES.
Would the proposalresult in impactsto:
12- 1571 9 P03- 1451, P03- 1548, P04- 0260
ISSUES ( AND SUPPORTING
INFORMATION SOURCES):
3) Thepermanentlossofjurisdictionalwaterswill
be offset by the expansion of the unnamed
drainage feature at a 1:1 ratio. The mitigation
site will be located immediate downstream of the
road crossing and adjacent to the proposed
upland water quality bio- swal~ It is anticipated
that the bio- swale will provide sufficient hydrol-
ogy to support riparian vegetation. (~Fetland
Study 2003)
4) 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
prior to discharge into the drainage feature.
The HOA will provide long term maintenance,
consisting of installation of native grasses, and
sediment removal as needed. ( Wetland Study
2OO3)
5) Riparian vegetation will be installed within the
mitigation site consisting of native grasses.
Wetland Study 2003)
6) A three year maintenance and monitoring plan
is proposedto ensure the successful establish-
ment of the native cover within the mitigation
area. ( Wetland Study 2003)
7) Theapplicantshallberequiredtoobtainneces-
sary approvalsand permits prior to any grading
from the California Department of Fish and
Game; the Army Corps of Engineers; the U.S.
Fish and Wildlife Service; and the California
Regional ~Yater Control Board. ( Wetland Study
2003 and RB Riggins 2000)
8) The project site is located within the Riverside
County SKR Habitat Conservation Plan Fee
Assessement Area, and therefore subject to
current fee requirements as administered by the
City ofRiverside. (BiologicalAssessment 2003)
Potentially Potentially Less Than
Significant Significant Significant
lmpact Unless Impact
Mitigation
Incorpo-
rated
No
Impact
12- 1602 2 P03- 1451, P03- 1548, P04- 0260
ISSUES ( AND SUPPORTING
INFORMATION SOURCES):
e. Increased fire hazard in areas with flammable
brush, grass, or trees? ( son,:)
The project is planned for low density resid-
ential development with areas of natural
vegetation. While a minimal risk of grassland
fire exists, the Project contains streets which
are accessible to emergency vehicles and will
require the installation of fire hydrants per
City requirements. In addition, City Code
requires residences to include fire sprinklers.
These factors ensure that fire risks will be
reduced to a level of less than significant.
f. Exposure of peopleto risk from airport opera-
tions? ( so~,:)
The site is located within the March Air Re-
serve Base influence area. An application to
and approval from the Airport Land Use
Commission ( ALUC) will be required prior to
building permit issuance. The applicant shall
comply with all conditions of ALUC prior to
building permit issuance.
Potentially Potentially Less Than
Significant Significant Significant
Impact Unless Impact
Mitigation
Incorpo-
rated
No
Impact
10. NOISE.
Would the proposalresult in:
a. Increase in existing noise levels? ( so~ c¢:)
The project does not involve uses, activities, or
increased traffic levels that would result in an
increase in ambient noise levels on the Project
site.
12- 1632 5 P03- 1451, P03- 1548, P04- 0260
ISSUES ( AND SUPPORTING
INFORMATION SOURCES):
Exposure to severe noise levels, including
construction noise?
Ex, smsa SO~SE comou~s)
Because ff its proximity to the March Air
Reserve Base (MAP, B), the project is located in
an area of 60 - 70 dB CNEL. Noise levels of
this intensity are considered Conditionally
Acceptable for residentialuses per the General
Plan. The Building Code requires that, prior
to building permit issuance, adequate noise
reduction measures must be incorporated into
the house design to attenuate interior noise
levels to 45 dBA. Compliance with the build-
ing code is required and is not considered to
be mitigation.
The project will result in temporary increases
in noise levels due to construction/grading
activity. Potential noise impacts will be lim-
ited by compliancewith the City's Noise Ordi-
nance ( Title 7), which limits construction noise
that would disturb a residential neighborhood
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 Sundays or federal
holidays. Additionally, the applicant is ad-
vised that any blasting will require a special
permit to be issued by the City Fire Depart-
ment, and must occur during the hours con-
struction is permitted by the City. Because
compliance with the construction hours is
required by City Code, compliance does not
constitute mitigation.
Potentially Potentially Less Than No
Significant Significant Significant Impact
Impact Unless Impact
Mitigatiou
Incorpo-
rated
11. PUBLIC SERVICES.
Would the proposalhave an effect upon, or result in
a need for new or altered government services in any
of the following areas:
12- 1642 6 P03- 1451, P03- 1548, P04- 0260
ISSUES ( AND SUPPORTING
INFORMATION SOURCES):
a. Fire protection? (so, c:)
The project shall comply with the require-
ments of the City Fire Department. The Fire
Department requesteda number of conditions
of approval be required for the project to
ensure adequate fire protection, including
provision and maintenance of a public water
system, provision of streets and fire apparatus
access roads that meet public street standards,
and that cul- de-sacs, where islands are pro-
vided, be a minimum of 106 feet in diameter
curb- to-curb, with a maximum 50- foot diame-
ter island. In addition, the grading plans
shows several driveways in excess of 150 feet
in length proposed. A condition of approval
will be imposed requiring the driveways and
site access on the grading plans to be submit-
ted to the Fire Department for review and
approval prior to the issuance of a building
permit for the Project.
b. Police protection?
The Project, will result ia au incremental
additional demand for public services. Itow-
ever, because the Project is consistent with the
adopted General Plan, which provides for
adequate public services, ao significant ad-
verse imparts will result from its implementa-
tion.
c. Schools? ( sow,:)
The payment of school fees pursuant to the
requirements of state law shall be required
prior to project construction.
d. Maintenance ofpublic facilities, including roads?
Source:)
The Project will be conditioned to pay TUMF
and Traffic and Transportation Fees in an
amount established by City ordinance. Pay-
ment of these fees will reduce impacts related
to this issue to a level of less than significant.
e. Other governmentalservices?
See response llb.
12- 16527
Potentially Potentially Less Than No
Significant Significant Significant Impact
Impact Unless Impact
Mitigation
Incorpo-
rated
P03- 1451, P03- 1548, P04- 0260
ISSUES ( AND SUPPORTING
INFORMATION SOURCES):
Potentially Potentially Less Than No
Significant Significant Significant Impact
Impact Unless Impact
Mitigation
Incorpo-
rated
12. UTILITIES AND SERVICE SYSTEMS.
Would the proposalresult in a need for new systems
or supplies, or substantial alterations to the following utilities:
a. Power or natural gas? ~so~,:) [] The project will result in an incremental add-
itional demand for utilities. Howe~er, it is
consistent with the General Plan which pro-
vides, in conjunction with the City's Capital
Improvement Program, for the adequate
provision of infrastructure and utility services.
Therefore no impacts in regard to infrastruc-
ture or services wm result from the Project.
b. Communications systems? (so. c:) [] See response 12a.
c. Local or regionalwater treatment or distribution [] facilities?
The Public Utilities Department indicated a
concern regarding the proposed private street
system relative to installation and maintenance
of water lines and the provision of water to the
subdivision. To address these concerns, condi-
tions of approval have been imposed by the
City Water Department.
d. Sewer or septictanks? ( sou~:) [] The project will require the installation of a
new sewer line and access road. Such sewer
line shall be subject to the specifications and
approval of the Public Works Department.
e. Storm water drainage? (souse:) [] See response 12c.
f. Solid waste disposal? (so~:) [] See response 12c.
g. Local or regional water supplies? (so~:) [] See response 12c.
13. AESTHETICS.
Would the proposal:
12- 1662 8 P03- 1451, P03- 1548, P04- 0260
be submitted before the expirationdate, which has passedfor PD- 001-012.
However, longstandingpracticeof the City is to allow filing of retroactive time exlensions for PRD's and Conditional Use Permits. To simplify matters, the applicanthas submitted a request for the PRD time extension, and staffhas prepared the report for the Commission's review at today's meeting.
Comment -- The Tract Map cannot be justified by a non- conformingPRD.
This is not a non- conformingPRD as the PRD ordinance permitsup to a 25% density bonus for RC zoned projectsbased on a number of factors. The subjectPILD was grantedan 18% densitybonus based on superiordesign and sensitivity to the natural terrain, and findings were made to support that bonus. The remaining unrecorded portions of the map and PRD have a density 0. 48, which is less than the baseline density permittedwithout a density bonus.
The pR.D was processedin accordance with normal proceduresfor a singlefamily PRD, which are different than for multiple family PRD's. In the case of the former, the specificsof development for individual lots are not known at the time of approval, as custom homes are normally built on these lots. In the case of the latter, floor plansand elevations are requiredearlier in the process as the projectis typically an apari~,ent building under one ownership.
Finally, the PRD ordinance, as it appliesto the RC Zone,.was effective on the date of approvalof TM- 28728.
Comment -- This Tract Map fails to satisfy legal requirements regarding lot size variances in the RC Zone.
The request before thc Commission today is a time extension and gradingreview.
Since there have been no changes in thc area or thc Zoning Ordinance which would require another look at the requestedvariances, staff did not readdress this issue under the time extension. Thc City's discretion in approvinga time extension on an approvedmap is limited to the lengthof the extension and new conditions or review of prior approvalsis not permitted. When thc map was approvedin 1998, the Commission made the necessary findings to support thc variances based upon the topographicalconstraints of the property and these findings arc still applicabletoday, since there have been no pertinentchangesto the Zoning Ordinance or thc map that affect these variances.
can be denied; however,
The Commission is advised that the time extension request time nothing prevents the subdivider from agreeingto new conditions under the extension in an effort to gain support for the time extension. It should also be noted that if the time extension is denied, the subdivider could reapply for a new map, which could result in a design that is not consistent with the phasesof the map that have been previouslyapprovedand recorded in this area by this developer. 12- 183
TM- 28728
APPROVED CONDITIONS FROM JANUARY 22. 1998 WITH RECOMMENDED
MODIFICATIONS & GENERAL INFORMATION NOTES
Case Number: TM- 28728 Meeting Date: February 7, 2002
All mitigatton measures are noted by an asterisk ( 9.
Planning
Prior to Map Recordation
1. An open space easement shall be recorded for all areas within the boundaries of the 100 year flood plain and the setback therefrom, ~ v,'~ll aa all areas 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 ease~me...n~ t are to be maintmned by a
non-profitconservation organizationsuch as the Riverside Land Conservancy subjectto the approvalof the Planning and LegalDepartments. The property shall be transferred either in fee title or an easement established to facilitate maintenance/stewardshipby such an organization.
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 m front of open space lot 88 with long driveways providedfor lots 50, 51 and 52, subject to Planning and Public Works Depm hnents approval.
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, tumarounds and locks.
6. Provide a trail across the subject property, between the Alessandro Arroyo and the northerly boundary of the subject property for eventual connection to Tiburon Knoll, subject to approvalof the Planning Deparunant. 12- 186
The applicant shall prepare and record Covenants, Conditions, and Restrictions ( CC&Rs) and other documents as necessary subjectto approval of the Planning and LegalDepartments:
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.
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 density greater than . 5 units/acre; 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);
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.
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. 12- 187
10. 11.
The reverse frontage wall for lots 21 - 26 should be placed at the top of the slope.
The reverse frontage areas should be combined into separate lots and maintained througha Homeowner s Assocmtton.
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 adoptionof 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 gradingplanshall 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.
Reflect City adoptedcontour grading policies. Prior to issuance of a building permit, the applicant's engineer shall submit a letter 12- 188
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 construction noise is permittedon Sundays or federal holidays.
Indicate the 100 year flood limits of the blue line stream to the satisfaction of the Public Works Depm [ment.
18. The Commission makes the necessa~ findings in the applicant's favor . to grant the following grading deviations. As justification, the applicant's written justificationsand staff's supplementedjustifications are referenced:
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
to permit slopesin excess of twenty-feet in vertical height for lots 49, 63, 64, and street lots C, E and H.
19. Preparea detailed gradingplan at 1"=40' scale for lot 45 showing protection of the existing rock outcroppings, subject to Planning Department approval.
20. Final driveway grades and configurations will be subject to review and approvalof the Fire Department.
21. Tract Map 28728 shall be recorded.
22. Landscapingand irrigation plans for 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 prepared subject to the satisfaction of the Legal and Public Works Departments.
24. The gradingplan shall be revised to reflect all design changesrecommended in this City Planning Commission report.
25. 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 approval of the Planning, Legal and Public Works Departments.
12- 189
26. Prior to the issuance of grading permitsfor Phases 2-4, the applicant shall have a biological study preparedby a qualifiedbiologist 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 Wild!ife Service prior to prior to grading permitissuance.
27. The applicantshall prepare a Coastal SageScrub and riparian enhancement plan subjectto review and approvalof the Planning Department prior to gradingpermit issuance for Phases 2-4.
28. Manufactured slope ratios 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. Grading activity shall be in substantial compliancewith the gradingplan on file with this application.
31. Advisory: The Regional Water Quality Control Board requires the preparationand implementationof a Storm Water Pollution Prevention Plan SWPPP).
32. Advisory: Any disturbance of the "blue line streams" will requirepermitsand approvalfrom the State Department ofFish 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 slopeand 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 specificationsof the Building Division.
36. 12- 190
37. 38.
Subn'fit documentation of approvalby the Riverside County Ah- portLandUse 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 publichearing concurrently with the ALUC appeal.
The applicantshall convey an avigationeasement to the March Air Res~ve Base ( MARB) and the March Inland Port ( MIP) to the satisfaction, of~the Legal Department and MARB/MIP. The applicantshalllobtainap;prOv.al o..f the Riverside County Airport Land Use Comnnss]on ana suonm documentation to Planning Department staff.
39. 40.
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.
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.
Planning
41. by ....... ' · - ~' : ' ' ' upu, ..... thc app,, vm,[. ~ pp,,~ a,u-iC~ iu~ot uj lialj' ~,~-~. ~_ ..
xpliallon d,~i¢ of irc ,, ap. The new expirationdate 0fthe map will be JUly 22, 2002 and only one more time extension request is permitted.
42. 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
43. Dedication of right- of-way for Cresthaven Drive to 30 feet from monument centerline to Public Works specifications.
12- 191