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HomeMy WebLinkAboutCC Reso No 2009-54Page 1 of 5 RESOLUTION NO. 2009-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AN EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO. 31593 WHEREAS, Ron Martin & Associates, filed an application with the City of Lake Elsinore requesting approval of an extension of time for Tentative Tract Map No. 31593 (the "Extension"); and WHEREAS, the project site is proposed for the subdivision of approximately 227-acres of land into 519 single-family residential lots with a Home Owner's Association park integrated into the project design and associated improvements; and WHEREAS, the project site is located east of Interstate 15 and the Spyglass Specific Plan and immediately south of Wasson Creek; and WHEREAS, Subdivision A of Section 16.24.160 of the Lake Elsinore Municipal Code authorizes time extensions for Tract Maps for up to thirty six (36) months.; and WHEREAS, pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code 21000 et seq.: "CEQA") and the State Guidelines for Implementation of CEQA (14 C.C.R. 15000 et seq.: "CEQA Guidelines"), public agencies are expressly encouraged to reduce delay and paperwork associated with the implementation of CEQA by using previously prepared environmental documents when those previously prepared documents adequately address the potential impacts of the proposed project (CEQA Guidelines Section 15006); and WHEREAS, CEQA Guidelines Section 15162 establishes the standard to be used when determining whether subsequent environmental documentation is necessary and says that when an environmental document has already been adopted for a project, no subsequent environmental documentation is needed for subsequent entitlements which comprise the whole of the action unless substantial changes or new information are presented by the project; and WHEREAS, on November 8, 2005, the City Council of the City of Lake Elsinore, adopted Mitigated Negative Declaration No. 2005-08 in accordance with the requirements of the CEQA and the CEQA Guidelines; and WHEREAS, the extension is found to be in conformance with the originally approved Tentative Tract Map and the extension does not present new information regarding the potential environmental impacts of development; and CC Resolution No. 2009-54 Page 2 of 5 WHEREAS, the City Council has considered evidence presented by the Community Development Department and other interested parties at a public meeting held with respect to this item on September 8, 2009 and October 27, 2009. NOW, THEREFORE, the City Council of the City of Lake Elsinore, California, does hereby resolve as follows: Section 1. The City Council has considered the proposed extension of time, and has found it acceptable. Section 2. That in accordance with CEQA and the CEQA Guidelines, the City Council finds that the extension of time conforms with the originally approved map, and does not present any new information, circumstances, or changes to the project that were analyzed under Mitigated Negative Declaration No. 2005-08. The extension of time does not change density or intensity of use. It simply extends the land use entitlement for an additional twenty four (24) months or November 8, 2009, allowing the applicant more time within which to develop the property in accordance with conditions of approval. Therefore, it is not necessary to conduct any further environmental review for the Project. Section 3. That in accordance with Lake Elsinore Municipal Code Section 16.24, the City Council makes the following findings for the approval of the extension of time for twenty four (24) months or November 8, 2009, months for Tentative Tract Map No. 31593: 1. The proposed subdivision, together with the provisions for the design and improvement, are consistent with the General Plan; Zoning Code; Title 16 of the Municipal Code relating to Subdivisions; and the State Subdivision Map Act. The project has been reviewed by the City and the appropriate affected Agencies and been determined to be consistent with the designated land use planning area, development and design standards, and all other appropriate requirements contained in the General Plan, Zoning Code, City Municipal Code, and Subdivision Map Act. 2. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). The project has been reviewed by the City and the appropriate affected Agencies and been determined to be consistent with the designated land use planning area, development and design standards, and all other appropriate requirements contained in the General Plan, Zoning Code, City Municipal Code, and Subdivision Map Act. CC Resolution No. 2009-54 Page 3 of 5 3. The effects this proposed subdivision is likely to have upon the housing needs of the region, the public service requirements of its residents, and the available fiscal and environmental resources have been considered and balanced. The project is consistent with the City's General Plan and Zoning Code, and will provide housing opportunities consistent with the General Plan land use designation. In addition, the project has been conditioned to provide necessary public services and facilities, will pay all appropriate fees, and will not result in any adverse environmental impact. 4. The design of the subdivision provides to the greatest extent possible, for future passive or natural heating or cooling opportunities in the subdivision (Government Code Section 66412.3). The project will comply with all appropriate conservation requirements of the City and Uniform Building Code and will not preclude future opportunities for passive natural heating or cooling opportunities. Section 4. Based upon the evidence presented, the above findings, and the attached conditions of approval imposed upon the extension, the City Council hereby approves an extension of time for twenty four (24) months or November 8, 2009, for Tentative Tract Map No. 31593. Section 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, t ' m day of ctober, 2009 z MAYOR ATTEST: DEBORA THOMSEN CITY CLERK e; CC Resolution No. 2009-54 Page 4 of 5 APP VED AS TO FORM: ARA LEIBOLD CITY ATTORNEY CITY OF LAKE ELSINORE CC Resolution No. 2009-54 Page 5 of 5 STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF LAKE ELSINORE I, Debora Thomsen, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2009-54 was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 27th day of October 2009, and that the same was adopted by the following vote: AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. ABSENT: None. ABSTAIN: None. BOR THOMSEN CITY CLERK CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 31593 MAP EXTENSION GENERAL 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, Agents, and its Consultants from any claim, action, or proceeding against the City, its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning implementation and construction of Tentative Tract Map No. 31593, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. TENTATIVE TRACT MAP NO. 31593 2. The Tentative Tract Map Extension will expire in two (2) years or twenty four (24) months or November 8, 2009, unless within that period of time an appropriate instrument has been filed and recorded with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act and the LEMC. 3. The Tentative Tract Map shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by approved Conditions of Approval. 4. Prior to final certificate of occupancy of the Tentative Tract Map, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. 5. The applicant shall designate a minimum of five (5) acres of land on site to include a Park Site and Neighborhood Recreation Lot. Said Park Site shall be no less than three and a half (3.5) acres in size, and shall include recreation facilities (i.e. ball fields, tot lot with play equipment, etc.). Said Neighborhood Recreation Lot shall be not less than 1.5 acres in size, and shall include recreational amenities-(including parking, a patio area, a clubhouse of not less than 2,000 square feet and a community pool of not less than 3,000 square feet) The proposed Neighborhood Recreation Lot and amenities thereon shall be maintained by the Home Owner's Association (HOA.). 6. Prior to the recordation of the Final Map, the Applicant shall submit a preliminary concept plan of the proposed recreation facilities and amenities on the Park Site and Neighborhood Recreation (HOA) Lot to the Community Development Director of Community Services for review and approval. Applicant shall also post a performance bond consistent with current market construction costs at the time of park development guaranteeing the construction of the City Council CONDITIONS OF APPROVAL Page 2 of 10 TENTATIVE TRACT MAP NO. 31593 MAP EXTENSION park as provided herein which shall stay in place until the completion of the improvements to the Park Site (Amended at City Council meeting of October 27, 2009). 7. Prior to the issuance of the first building permit, the Applicant shall submit to the Community Development Director, for review and approval, detailed park facilities plans, landscape plans, irrigation plans and such other plans as may reasonably be required for purposes of constructing a five (5) acre "turn-key" Public Park and Home Owner's Association Neighborhood Recreation Lot. 8. The applicant shall grade the Park Site and Neighborhood Recreation Lot to provide a minimum of five (5 acres and shall secure the Site against erosion. 9. Prior to the issuance of the one hundredth (100th) first-( 4 Certificate of Occupancy for Tract No. 31593, the Applicant shall complete construction of the Park Site. Prior to the issuance of the one hundred and fiftieth (150th) Certificate of Occupancy or thirty six (36) months after the first (1St) Certificate of Occupancy, the Applicant shall complete construction of the Neighborhood Recreation (HOA) Lot and amenities. All improvements and amenities shall be consistent with the preliminary plan and the requirements herein such that the Park Site and Neighborhood Recreation Lot are in a "turn-key" condition (Amended at City Council meeting of October 27, 2009). 10. With respect to park fees paid or to be paid by Applicant, Applicant shall be entitled to a fee credit (or fee reimbursement for park fees already paid) to the extent of Applicant's actual on-site construction costs of the park improvements on the Park Site. 11.The applicant shall comply with all the mitigations contained and identified in the Mitigated Negative Declaration No. 2005-08. 12. All lots shall comply with minimum standards contained in the LEMC. 13.A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 14. The applicant shall comply with all conditions of the Riverside County Fire Department. 15.The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). 16.All future structural development associated with this map shall require separate Design Review approval. 17. Prior to issuance of any grading permit and/or building permit, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. City Council CONDITIONS OF APPROVAL Page 3 of 10 TENTATIVE TRACT MAP NO. 31593 MAP EXTENSION 18. The applicant shall comply with the following City programs: the City Source Reduction and Recycling Element and Household Hazardous Waste Element, the County Solid Waste Management Plan and Integrated Waste Management Plan. 19. Prior to issuance of building permit, the applicant shall submit a letter of verification (will- serve letter) to the City Engineer, for all required utility services. 20.The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits. 21. The Multiple Species Habitat Conservation Fee (MSHCP) will be due upon issuance of each building permit. 22. The applicant shall pay all applicable fees including park fees. 23. The applicant shall meet all requirements of the providing electric utility company. 24. The applicant shall meet all requirements of the providing gas utility company. 25.The applicant shall meet all requirements of the providing telephone utility company. 26. A bond is required guaranteeing the removal of all trailers used during construction. 27.All signage shall be subject to Planning Division review and approval prior to installation. 28.The City's Noise Ordinance shall be met during all site preparation activity. Construction shall not commence before 7:00 AM and cease at 5:00 PM, Monday through Friday. Construction activity shall not take place on Saturday, Sunday, or any Legal Holidays. 29. Prior to issuance of a Building Permit, the applicant shall annex into the appropriate Landscaping and Lighting Maintenance District (LLMD). 30. Prior to issuance of a Building Permit, the applicant shall annex into the appropriate Community Facilities District (CFD). 31. Construct Elsinore Hills Road at full width secondary arterial standard (70790') within project boundaries by first certificate of occupancy. 32. Construct Elsinore Hills Road from the project's south boundary to Camino Del Norte (proposed CFD links H and G). Two full lanes and shoulders are the minimum requirement. At intersections, additionally widening will be required for left turn lanes-all City Council CONDITIONS OF APPROVAL Page 4 of 10 TENTATIVE TRACT MAP NO. 31593 MAP EXTENSION prior to first certificate of occupancy. The roadway shall be designed to secondary arterial standards. 33. Construct Camino Del Norte to two full lanes and shoulders (proposed CFD link F) prior to first certificate of occupancy. The roadway shall be designed to be consistent with the approved General Plan Circulation Element. 34. Improve the intersection of Camino Del Norte and Main Street as determined by the approved Traffic Study prior to first certificate of occupancy. 35. Install a traffic signal at Main Street and the northbound 1-15 ramps prior to the 100th certificate of occupancy or as satisfied by the City Engineer pending Caltrans process (Amended at City Council Meeting of November 8, 2005). 36. Construct Elsinore Hills Road to full width and connect to Tract 25478 prior to first certificate of occupancy. 37. Join the proposed CFD when it is formalized. if CFD is not formed, the project shall be eligible for fair share reimbursement from future developments in the area (Amended at City Council Meeting of November 8, 2005) if the CFD exists. 38.AII Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval. 39. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26). 40. Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. Submit this letter prior to final map approval. 41.Construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the City Engineer prior to final map approval (LEMC 16.34). 42. Street improvement plans and specifications shall be prepared by a Calif. Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). 43.Street and alley improvement plans and specifications shall be prepared by a Calif. Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). 44.Applicant shall submit an updated traffic study which analyzes and mitigates the impact of this project on the affected infrastructure for staff approval. City council CONDITIONS OF APPROVAL Page 5 of 10 TENTATIVE TRACT MAP NO. 31593 MAP EXTENSION 45. Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to final map approval. 46.Applicant shall obtain any necessary Caltrans permits and meet all Caltrans requirements. 47. Desirable design grade for local streets shall not exceed 12%. 48. Interior streets shall be designed with 12% as the desired grade and intersecting streets shall meet at a maximum grade of 6 % 49. Pay all fees and meet requirements of encroachment permit issued by the Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution 83- 78). 50.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 ''/z' x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 51.The applicant shall install permanent bench marks to Riverside County Standards and at a location to be determined by City Engineer. 52.Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 53. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. 54. Provide fire protection facilities as required in writing by Riverside County Fire. 55. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 56. Developer shall annex to the City's Street Lighting and landscaping Maintenance District. 57. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 58. Applicant shall submit a traffic control plan showing all traffic control devices for the tract to be approved prior to final map approval. All traffic control devices shall be installed prior to final inspection of public improvements. This includes No Parking and Street Sweeping Signs for streets within the tract. City Council CONDITIONS OF APPROVAL Page 6 of 10 TENTATIVE TRACT MAP NO. 31593 MAP EXTENSION 59.All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or discs which are compatible with City's ARC Info/GIS or developer to pay $300 per sheet for City digitizing. 60.AII utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 61.Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 62. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 63.An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. 64.AII grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured with drainage improvements installed per City Standards. 65. Prior to commencement of grading operations, applicant to provide to the City with a map of all proposed haul routes to be used for movement of export material. Such routes shall be subject to the review and approval of the City Engineer. 66.Applicant to provide to the City a photographic baseline record of the condition of all proposed public City haul roads. In the event of damage to such roads, applicant shall pay full cost of restoring public roads to the baseline condition. A bond may be required to ensure payment of damages to the public right-of-way, subject to the approval of the City Engineer. 67. Individual lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 68.0n-site drainage facilities located outside of road right-of-way should be contained within drainage easements shown on the final map. A note should be added to the final map stating: "Drainage easements shall be kept free of buildings and obstructions". City Council CONDITIONS OF APPROVAL Page 7 of 10 TENTATIVE TRACT MAP NO. 31593 MAP EXTENSION 69.All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 70.Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District prior to approval of final map. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 71.All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 72.Storm drain inlet facilities shall be appropriately stenciled to discourage illegal dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 73. Roof and yard drains will not be allowed to outlet through cuts in the street curb. Roof drains should drain to a landscaped area when ever feasible. 74.10 year storm runoff should be contained within the curb and the 100 year storm runoff should be contained within the street right-of-way. When either of these criteria is exceeded, drainage facilities should be installed. 75.A drainage acceptance letter will be necessary from the downstream property owners for conveying the proposed storm water run-off on private property. 76. Developer shall be subject to all Master Planned Drainage fees and will receive credit for all Master Planned Drainage facilities constructed. 77. Provide Tract Phasing Plan for the City Engineer's approval. Bond public improvements for each Phase as approved by the City Engineer. 78. Up-slope maintenance along right-of-ways shall be maintained by the city's lighting and landscaping maintenance assessment district or a homeowner's association. 79.Applicant shall comply with all NPDES requirements in effect; including the submittal of a Water Quality Management Plan (WQMP) as required per the Santa Ana Regional Water Quality Control Board. 80.Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 81.Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented. City Council CONDITIONS OF APPROVAL Page 8 of 10 TENTATIVE TRACT MAP NO. 31593 MAP EXTENSION 82.Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their storm water pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for the development and including maintenance responsibilities. 83.Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 84.Applicant shall provide first blush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. 85.Intersection site distance shall meet the design criteria of the CALTRANS Design Manual (particular attention should be taken for intersections on the inside of curves). If site distance can be obstructed, a special limited use easement shall be recorded to limit the slope, type of landscaping and wall placement. 86.Intersecting streets on the inside radius of a curve will only be considered when adequate sight distance is verified by a registered civil engineer. 87.1-ocal streets shall have sixty (60) ft. right-of -way with forty (40) ft. curb-to-curb. Restricted local streets (cul-de-sacs) shall have fifty (50) ft. right-of-way with thirty-six (36) ft. curb-to-curb and a three (3) ft. utility easement on each side. 88. Restricted local interior double- loaded streets shall not have less than a 50 ft. Right-of- way with 36 ft. Curb-to-curb and a 3 ft. utility easement on each side of the street. Single- loaded local streets shall not have less than a 45 ft. right-of-way with a 3 ft. utility easement and 36 ft. curb-to-curb 89. No residential lot shall front and access shall be restricted on collector streets and so noted on the final map. 90.All parcels shall have direct access to public right-of-way or be provided with a minimum 30-foot ingress and egress easement to public right-of-way by separate instrument or through map recordation. 91.Upon demonstration to the City that an adjacent property owner is unable to gain reasonable access for an adjacent parcel (considering available option along the entire boundary of the parcel) to Elsinore Hills Road, City shall inform Developer and Developer agrees to take proactive measures to establish adequate access to accommodate the adjacent parcel. Alternatively, the City may require that Developer City Council CONDITIONS OF APPROVAL Page 9 of 10 TENTATIVE TRACT MAP NO. 31593 MAP EXTENSION offer an easement for necessary ingress and egress solely to address the needs of the adjacent parcel. The conveyance of any easement pursuant to this condition shall not conflict with designated uses of property including any and all conservation, open space or mitigation use of property (Amended at City Council Meeting of November 8, 2005). 92.The Developer shall provide access to adjacent properties needing access through this development by public right-of-way or access easement based on a reasonable accessibility determination to the satisfaction of the City. 93. If right-of-way is abandoned as part of this development, then adjacent property affected by the abandonment's must still have access to public maintained right-of-way. 94.The final map shall show the abandonment of dedications of public right-of-way or easements by appropriate certifications on the map. 95. Developer to provide access to property owners and utility agencies to property to the west of the tract including during construction. 96. If necessary, applicant must submit a conditional letter of map revision (CLOMR) to FEMA prior to issuance of building permits. A letter of map revision (LOMR) must be approved from FEMA prior to the 50th certificate of occupancy. 97. Applicant shall record CC & R's for the tract prohibiting on-street storage of boats, motor homes, trailer, and trucks over one-ton capacity, roof mounted or front yard microwave satellite antennas. The CC & R's shall be approved by the Community Development Director prior to recordation of final map. 98. Applicant shall cause to be recorded a CC&R's with recordation of final map which provides for irrevocable reciprocal parking, circulation, loading and landscape maintenance easement in favor of all lots subject to the approval of the director of Community Development & the City Attorney. The CC& R's shall enforce standards of building maintenance, participation in landscape maintenance, prohibition of outside vehicle or material storage. 99. Applicant shall provide a homeowner's association with CC & R's for maintenance of the open space. 100. Developer shall provide an approved open space conservation easement for the tracts open space with a fuel modification zone for a fire break to be maintained by a homeowner's association. 101. The large open space lots adjacent to residential lots shall have areas designated as fuel modification zones for a firebreak to be maintained by a homeowner's association. City Council CONDITIONS OF APPROVAL Page 10 of 10 TENTATIVE TRACT MAP NO. 31593 MAP EXTENSION 102. All open space and slopes except for public parks and schools and flood control district facilities, outside the public right-of-way will be owned and maintained by either a home owner's association or private property owner. 103. Existing access easements over property must be addressed to the satisfaction of the easement owners prior to final map approval. 104 All waste mat erial debris ve eta tion aRd E)th8F Fubbish 8ReFated d Fin GleaRi . , , g g u g Rg, (Amended at City Council Meeting of November 8, 2005). 105. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Inc. or current franchisee for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 106. Applicant shall pay all applicable development fees, including but not all inclusive: TUMF, MSHCP, TIF and area drainage fees. City Council