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CC Resolution 2001-055 Puerta Azul TTM 30096__ RESOLUTION NO. 2001-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A 127 LOT SUBDIVISION AND MISCELLANEOUS AMENITY LOTS ON APPROXIMATELY 19.64 ACRES LOCATED ON MADISON STREET, NORTH OF AVENUE 58 CASE NO,'. TENTATIVE TRACT MAP 30096 APPLICANT: PUERTA AZUL, L.L.C. WHEREAS, the City Council of the City of La Quinta, California, did, on the 15~ day of May, 2001, hold a duly-noticed Public Hearing, to consider the request of Puerta Azul Partners, L. L.C. for approval of a Tentative Tract Map, and more particularly described as: A.P.N. 761-090-008; and, WHEREAS, the Planning Commission of the City of La Quinta, California, -- did, on the 24~ day of April, 2001, hold a duly-noticed Public Hearing, to consider the request of Puerta Azul Partners, L. L.C. for approval of a Tentative Tract Map. WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following Mandatory Findings of approval to justify said Tentative Tract Map 30096: A. The proposed map is consistent with the City of La Quinta General Plan. The project is a Medium Density Residential (MDR) District per the provisions of the Generat Plan; therefore, all provisions of Land Use Element (Chapter 2) shall be met. Tentative Tract Map 30096 is consistent with the goals, policies and intent of the La Quinta General Plan provided conditions contained herein are met to ensure consistency with the General Plan and mitigation of environmental consequences pursuant to Environmental Assessment (EA) 2001- 414. B. The design, or improvement of, the proposed subdivision is consistent with the La Quinta General Plan and the Specific Plan, and Subdivision Ordinance, All streets and improvements in the project conform to City standards contained in the General Plan, Specific Plan and Subdivision Ordinance as designed. Access for the single family lots will be provided from a street built under the tentative tract map. Re~oluflon No. 2001 Tentative Tract Map 30099 May 15, 2001 Page 2 The design of the proposed lots is consistent with the City of La Quinta General Plan in that the subdivision has on-site drainage, flood water retention, and internal circulation system acceptable to the City Engineer. C. The site is physically suitable for the type of development in that the slope and topographic relief is acceptable, and the soil type is suitable for residential development. D. The design of the lots, or type of improvements are not likely to cause substantial environmental damage, or substantially and unavoidably injure fish, or wildlife, or their habitats in that a Mitigated Negative Declaration of Environmental Impact was certified for EA 2001-414. E. The design of the lot, or type of improvements are not likely to cause serious public health problems in that the Fire Marshall, Sheriff's Department, and the City's Building and Safety Department have reviewed the proposal for public health conditions and the project is conditioned as appropriate. F. The design of the lot, or type of improvements, will not conflict with easements acquired by the public at large, for access through or use of property within the proposed subdivision in that the proposed internal streets will be privately owned and maintained, and that there will be no publicly-owned improvements within the tentative tract map. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; 2. That it does approve of Tentative Tract Map 30096 for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council , held on this the 15~ day of May, 2001, by the following vote, to wit: No. 2001 AYES: Council Members Adolph, Henderson, Perkins, Sniff NOES: Mayor Pe~a ABSENT: None ABSTAIN: None City of la Ouinta, California ATTEST: - ~ ~/~ ~~- J U~.~.~ F~: E~ K, CMC, City of La Quinta, California (City Seal) APPROVED AS TO FORM: City of La Quinta, California RESOLUTION NO. 2001-55 CONDITIONS OF APPROVAL - APPROVED TENTATIVE TRACT 30096 MAY 15, 2001 GENERAL 1. The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City*), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this application or any application thereunder including, but not limited to, the Mitigated Negative Declaration, General Plan Amendment 2001-076, Specific Plan 2001-053, Zone Change 2001-099, and Tentative Tract Map 30096. The subdivider and his agents or assignees also agree to defend, indemnify, and hold harmless the City of La Quinta in defending any action arising out of a challenge to the Conditions, Covenants and Restrictions {CC&R's) discussed in Condition No. 65. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 2. This tentative map and any final maps thereunder shall comply with the requirements and standards of §§66410 through 66499.55 of the California Government Code (the Subdivision Map Act) and Chapter 13 of the La Quinta Municipal Code (LQMC). 3. Prior to the issuance of a grading, construction or building permit, the applicant shall obtain permits and/or clearances from the following public agencies: · Fire Marshal · Public Works Department (Grading Permit, improvement Permit) · Community Development Department · Riverside Co. Environmental Health Department · Coachella Valley Unified School District · Coachella Valley Water District (CVWD) · Imperial Irrigation District (liD) · California Water Quality Control Board (CWQCB) The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. Re~olutlon No. 2OO1 Condltfone of Approvai- Approved Tentative Traot 30096 May 15, 2001 page 2 The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. This project requires a project-specific NPDES permit, the applicant shall submit a copy of the CWQCB acknowledgment of the applicant's Notice of Intent prior to issuance of a grading or site construction permit. The applicant shall ensure that the required Storm Water Pollution Protection Plan is available for inspection at the project site. 4. Final maps under this tentative map shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of final map approval, PROPI:RTY RIGHTS 5, Prior to approval of a final map, the applicant shall acquire or confer easements and other property rights required of the tentative map or otherwise necessary for construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction, and reconstruction of essential improvements. 6. The applicant shall dedicate or grant public and private street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and as required by the City Engineer, 7. Right of way dedications required of this development include: A. PUBLIC STREETS 1) Madison Street (Primary Arterial): 55-foot half of the 1 lO-foot right of way. B. PRIVATE STREETS 1) Residential: Lots A, C, and D, 31-foot width for rolled curb configuration. Right of way may be reduced to 29-ft with vertical curbs. On-street parking is prohibited and the applicant must make provisions for ongoing enforcement of the restrictions. R~o!~t~n No. 2001 ~on~l~on. of Approv.I - Approwd 8. Right of way geometry for knuckle turns and corner cut-backs shall conform with Riverside County Standard Drawings #801 and #805 respectively unless otherwise approved by the City Engineer. 9. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. 10. If the City Engineer determines that access rights to proposed street rights of way shown on the tentative map are necessary prior to approval of final maps dedicating the rights of way, the applicant shall grant the necessary rights of way within 60 days of written request by the City. 11. The applicant shall dedicate ten-foot public utility easements contiguous with and along both sides of all private streets. The easements may be reduced to five feet with the express concurrence of liD. - 12. The applicant shall create perimeter setbacks along public rights of way as follows (listed setback depth is the average depth if meandering wall design is approved): A. Madison Street (Primary Arterial): 20-foot. The setback requirement applies to all frontage including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately-owned setbacks, the applicant shall dedicate b~anket easements for those purposes. 13. The applicant shall dedicate easements necessary for placement of and access to utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas. 14. The applicant shall vacate abutter's rights of access to public streets and properties from all frontage along the streets and properties except access points shown on the approved tentative map. 15. The applicant shall furnish proof of easements or written permission, as appropriate, from owners of any abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments are to occur. Re~olutJon No. 2001-55 Condlflon~ of ,~oprov,,a - Approved Tenta6ve Trac~ 30096 May 15, 2001 Page 4 16. If the applicant proposes vacation or abandonment of any existing rights of way or access easements which will diminish access rights to any properties owned by others, the applicant shall provide approved alternate rights of way or access easements to those properties or notarized letters of consent from the property owners 17. The applicant shall cause no easements to be granted or recorded over any portion of this property between the date of approval of this tentative map by the City Council and the date of recording of any final map(s) covering the same portion of the property unless such easements are approved by the City Engineer. FINAL MAP(S) AND PARCEL MAP(S) 18. Prior to approval of a final map, the applicant shall furnish accurate AutoCad files of the complete map, as approved by the City's map checker, on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. If the map was not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster-image files of the map. IMPROVEMENT PLANS As used throughout these conditions of approval, professional titles such as "engineer," "surveyor," and "architect" refer to persons currently certified or licensed to practice their respective professions in the State of California. 19. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and landscape architects, as appropriate. Plans shall be submitted on 24" x 36" media in the categories of "Rough Grading," "Precise Grading," "Streets & Drainage," and "Landscaping." Precise grading plans shall have signature blocks for Community Development Director and the Building Official. All other plans shall have signature blocks for the City Engineer. Plans are not approved for construction until they are signed. "Streets and Drainage" plans shall normally include signals, sidewalks, bike paths, entry drives, gates, and parking lots. "Landscaping" plans shall normally include irrigation improvements, landscape lighting and entry monuments. "Precise Grading" plans shall normat~y inctude perimeter watts. Re~olufion No. 2001-55 CondltJon~ of Approval - Approved Tentative Tract 30096 May 15, 2001 Plans for improvements not listed above shall be in formats approved by the City Engineer. 20. The City may maintain standard plans, details and/or construction notes for elements of construction. For a fee established by City resolution, the applicant may acquire standard plan and/or detail sheets from the City. 21. When final plans are approved by the City, the applicant shall furnish accurate AutoCad files of the complete, approved plans on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program, At the completion of construction and prior to final acceptance of improvements, the applicant shall update the files to reflect as-constructed conditions. If the plans were not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster-image files of the plans. IMPROVEMENT AGREEMENT 22. Depending on the timing of development of the lots or parcels created by this map and the status of off-site improvements at that time, the subdivider may be required to construct improvements, to construct additional improvements subject to reimbursement by others, to reimburse others who construct improvements that are obligations of this map, to secure the cost of the improvements for future construction by others, or a combination of these methods. In the event that any of the improvements required herein are constructed by the City, the applicant shall, at the time of approval of a map or other development or building permit, reimburse the City for the cost of those improvements. 23. The applicant shall construct improvements and/or satisfy obligations, or furnish an executed, secured agreement to construct improvements and/or satisfy obligations required by the City prior to approval of a final map or parcel map or issuance of a certificate of compliance for a waived parcel map. For secured agreements, security provided, and the release thereof, shall conform with Chapter 13, LQMC. Re.olu~n No. 2001-55 Conditions of Approv'a - Approwd Tentative Tr.ct 30096 M.y 15, 2001 Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 24. If improvements are secured, the applicant shall provide estimates of improvement costs for checking and approval by the City Engineer. Estimates shall comply with the schedule of unit costs adopted by City resolution or ordinance. For items not listed in the City's schedule, estimates shall meet the approval of the City Engineer. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies. Security is not required for telephone, gas, or T.V. cable improvements. However, development-wide improvements shall not be agendized for final acceptance until the City receives confirmation from the telephone authority that the applicant has met all requirements for telephone service to lots within the development. 25. If improvements are phased with multiple final maps or other administrative approvals (e.g., Site Development Permits), off-site improvements and common improvements (e.g., retention basins, perimeter walls & landscaping, gates) shall be constructed or secured prior to approval of the first phase unless otherwise approved by the City Engineer. Improvements and obligations required of each phase shall be completed and satisfied prior to completion of homes or occupancy of permanent buildings within the phase and subsequent phases unless a construction phasing plan is approved by the City Engineer. 26. If the applicant fails to construct improvements or satisfy obligations in a timely manner or as specified in an approved phasing plan or in an improvement agreement, the City shall have the right to halt issuance of building permits or final building inspections, withhold other approvals related to the development of the project or call upon the surety to complete the improvements. GRADING 27. Prior to issuance of a grading permit, the applicant shall furnish a preliminary geotechnical ("soils") report and an approved grading plan prepared by a qualified engineer. The grading plan shall conform with the recommendations of the soils report and be certified as adequate by a soils engineer or engineering geologist. Rs~oluflon No. 2001-~5 Condition. of Apl:~rov~ - App;oved M,y 15, 2001 Page 7 A statement shall appear on final maps (if any are required of this development) that a soils report has been prepared pursuant to Section 17953 of the Health and Safety Code. 28. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape areas outside the right of way unless otherwise approved by the City Engineer. 29. The applicant shall endeavor to minimize differences in elevation at abutting properties and between separate tracts and lots within this development. Building pad elevations on contiguous lots shall not differ by more than three feet except for lots within a tract or parcel map, but not sharing common street frontage, where the differential shall not exceed five feet. The limits given in this condition and the previous condition are not entitlements and more restrictive limits may be imposed in the map approval or plan checking process, If compliance with the limits is impractical, however, the City will consider alternatives which minimize safety concerns, maintenance difficulties -- and neighboring-owner dissatisfaction with the grade differential. 30. Prior to occupation of the project site for construction purposes, the applicant shall submit and receive approval of a fugitive dust control plan prepared in accordance with Chapter 6.16, LQMC. The Applicant shall furnish security, in a form acceptable to the city, in an amount sufficient to guarantee compliance with the provisions of the permit. 31. The applicant shall maintain graded, undeveloped land to prevent wind and water erosion of soils. The land shall be planted with interim landscaping or provided with other erosion control measures approved by the Community Development and Public Works Departments. 32. Prior to issuance of building permits, the applicant shall provide building pad certifications stamped and signed by qualified engineers or surveyors. For each pad, the certification shall list the approved elevation, the actual elevation, the difference between the two, if any, and pad compaction. The data shall be organized by lot number and listed cumulatively if submitted at different times.\ DRAINAGE The applicant shall comply with the provisions of Engineering Bulletin No. 97.03 and the following: Re~lutlon No. 2001 Condlfion~ of Approval - Approved Tentative Tract 30096 May 15, 2001 33. Stormwater falling on site during the peak 24-hour period of a 100-year storm (the design storm) shall be retained within the development unless otherwise approved by the City Engineer. The tributary drainage area shall extend to the centerline of adjacent public streets. 34. Stormwater shall normally be retained in common retention basins. Individual-lot basins or other retention schemes may be approved by the City Engineer for lots 2Y2 acres in size or larger or where the use of common retention is impracticable. If individual-lot retention is approved, the applicant shall meet the individual-lot retention provisions of Chapter 13.24, LQMC. 35. Storm flow in excess of retention capacity shall be routed through a designated, unimpeded overflow outlet to the historic drainage relief route. 36. Storm drainage historically received from adjoining property shall be retained on site or passed through to the overflow outlet. 37. Retention facility design shall be based on site-specific percolation data which shall be submitted for checking with the retention facility plans. The design percolation rate shall not exceed two inches per hour. 38. Retention basin slopes shall not exceed 3:1. Maximum retention depth shall be six feet for common basins and two feet for individual-lot retention. 39. Nuisance water shall be retained on site and disposed of in dry wells, or as approved by the City Engineer. 40. In developments for which security will be provided by public safety entities (e.g., the La Quinta Safety Department or the Riverside County Sheriff's Department), retention basins shall be visible from adjacent street(s). No fence or wall shall be constructed around basins unless approved by the Community Development Director and the City Engineer. 41. If the applicant proposes discharge of stormwater directly or indirectly to the Coachella Valley Stormwater Channel, the applicant shall indemnify the City from the costs of any sampling and testing of the development's drainage discharge which may be required under the City's NPDES Permit or other City- or area-wide pollution prevention program, and for any other obligations and/or expenses which may arise from such discharge. The indemnification shall be executed and furnished to the City prior to issuance of any grading, construction or building permit and shall be binding on all heirs, executors, administrators, assigns, and successors in interest in the land within this tentative map excepting therefrom those portions required to be dedicated or deeded for public use. The form of the indemnification shall be acceptable to the City Attorney. If such discharge is approved for this development, the applicant shall make provisions in the CC&Rs for meeting these potential obligations. UTILITIES 42. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within the right of way and all above-ground utility structures including, but not limited to, traffic signal cabinets, electrical vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 43. Existing aerial lines within or adjacent to the proposed development and all proposed utilities shall be installed underground. Power lines exceeding 34.5 kv are exempt from this requirement. 44. Utilities shall be installed prior to overlying hardscape. For installation of utilities in existing, improved streets, the applicant shall comply with trench restoration requirements maintained or required by the City Engineer. The applicant shall provide certified reports of trench compaction for approval of the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 45. The applicant shall install the following street improvements to conform with the General Plan street type noted in parentheses. (Public street improvements shall conform with the City's General Plan in effect at the time of construction.) A. OFF-SITE STREETS (MADISON STREET) 1 ) Construct 43-foot half of 86-foot improvement (curb face to curb face) plus 6-foot meandering sidewalk. Applicant to construct median modifications to allow left-turn in from Madison Street as required by the Traffic Impact Analysis. 2) Applicant shall enter a secured agreement for the deferred installation of a traffic signal at the southernmost site access. Applicant's share -- will be 50% of the signal cost. Re~olutJon No. 2OO1-65 Condl~onl of ApprovaJ - Approved Tentative Tract 30096 May 15, 2001 page 10 B. PRIVATE STREETS 1) Residential: All residential streets to have 28-foot travel width measured gutter flowline to gutter flowline with on-street parking prohibited. The applicant will provide for perpetual enforcement of the restriction by the homeowners association. 2) Gated Entries: Provide minimum 2-car stacking for inbound traffic. 3) Intersections of Street "C" and Lot "O" and Street "D" and Lot "L" shall have 15-foot radius corners. C. CULS DE SAC 1 ) Use Riverside County Standard 800 (symmetric) or 800A (offset) with 38-foot curb radius. Entry drives, main interior circulation routes, turn knuckles, corner cutbacks, bus turnouts, dedicated turn lanes, and other features contained in the approved construction plans may warrant additional street widths as determined by the City Engineer. 46. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs, and sidewalks. Mid-block street lighting is not required. 47. The applicant may be required to extend improvements beyond development boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 48. Improvements shall be designed and constructed in accordance with the LQMC, adopted standards, supplemental drawings and specifications, and as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 49. Knuckle turns and corner cut-backs shall conform with Riverside County Standard Drawings #801 and #805 respectively unless otherwise approved by the City Engineer. Re.oluflon No. 2001 Condition~ of Approval ~ Approwd 50. Streets shall have vertical curbs or other approved curb configurations which convey water without ponding and provide lateral containment of dust and residue for street sweeping. If a wedge or rolled curb design is approved, the lip at the flowline shall be vertical (1/8" batter) and a minimum of 0.1' in height. Unused curb cuts on any lot shall be restored to normal curbing prior to final inspection of permanent building(s) on the lot. 51. The applicant shall design street pavement sections using Caltrans' design procedure (2C-year life) and site-specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows (or approved equivalents for alternate materials): Residential & Parking Areas 3.0" a.c./4.50" c.a.b. Collector 4.0"/5.00" Secondary Arterial 4.0"/6.00" Primary Arterial 4.5"/6.00" Major Arterial 5.5"/6.50" 52. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved, 53. The City will conduct final inspections of homes and other habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly-maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on-site streets are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to fina~ inspections of the last ten percent of homes within the tract or when directed by the City, whichever comes first. 54. General access points and turning movements of traffic are limited to the following: Re~olution No. 2001-55 Condition, of Approval - Approved Ten~tlw Tract 30096 May 15, 2001 Page 12 A. Primary Entry (North Access): Right turn in, right turn out. B. Secondary Entry (South Access): No turning restrictions. LANDSCAPING 55. The applicant shall provide landscaping in required setbacks, retention basins, common lots, and park areas. 56. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. The applicant shall submit plans for approval by the Community Development Department prior to plan checking by the Public Works Department. When plan checking is complete, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner prior to submitting for signature by the City Engineer. Plans are not approved for construction until signed by the City Engineer. 57. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn shall be minimized with no lawn or spray irrigation within 18 inches of curbs along public streets. PUBLIC SERVICES 58. The applicant shall provide public transit improvements as required by Sunline Transit and approved by the City Engineer. QUALITY ASSURANCE 59. The applicant shall employ construction quality-assurance measures which meet the approval of the City Engineer. 60. The applicant shall employ or retain qualified civil engineers, geotechnical engineers, surveyors, or other appropriate professionals to provide sufficient construction supervision to be able to furnish and sign accurate record drawings. Remlu~on No. 2001-6E Conclil~n. of Approv,a - Approved Tentm]ve Tract 30096 M=y 15, 2001 Pag~ 13 61. The applicant shall arrange and bear the cost of measurement, sampling and testing procedures not included in the City's inspection program but required by the City as evidence that construction materials and methods comply with plans, specifications and applicable regulations. 62. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all improvement plans which were signed by the City. Each sheet shall be clearly marked "Record Drawings," "As~Built" or "As-Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. The applicant shall revise the CAD or raster-image files previously submitted to the City to reflect as-constructed conditions. MAINTENANCE 63. The applicant shaft make provisions for continuous, perpetual maintenance of all on~site improvements, perimeter landscaping, access drives, and sidewalks. The applicant shall maintain required public improvements until expressly released -- from this responsibility by the appropriate public agency. FEES AND DEPOSITS 64. The applicant shall pay the City's established fees for plan checking and construction inspection. Fee amounts shall be those in effect when the applicant makes application for plan checking and permits. 65. FIRE MARSHALL Final conditions will be addressed when building plans are reviewed. A plan check fee must be paid to the Fire Department at the time building plans are submitted. All questions regarding Fire Marshall conditions should be directed to the Fire Department Planning & Engineering staff at (760) 863-8886. MISCELLANEOUS 66. Lots "C" and "D' will be required to allow emergency vehicle access and turn- around areas at the west end. The turn-around areas will be required to be have decorative brick pavers. Re~olu~on No. 2001-5~ Condition~ of Approve/- Approved TentctJve Tract 30096 May 15, 2001 page 14 67. The Conditions, Covenants and Restrictions ("CC&R's) for the project shall include a provision which states that the project is one intended for vacation use and that any users or occupants of the unit, including owners, shall not remain in the unit for a period that exceeds six months of any calendar year. The CC&R's shall further provide that when any owner is not in residency at his unit, said owner may rent his unit, provided however, that said owner shall be required to collect and pay to the City Transient Occupancy Tax on all transient rentals in accordance with the City's then existing Ordinances. The CC&R's shall also include a provision that allows the City to enforce the provision of the CC&R's (concurrently with the Home Owners Association) that contain the above conditions. Further, the CC&R's also contain a provision that precludes the Occupancy and Transient Occupancy Tax restriction of the CC&R's from being changed by any party without the prior approval of the City. Prior to issuance of the first building permit, applicant shall submit a copy of final CC&R's to the City for compliance review of this condition. 68. Phase I shall include off-site and on-site utility and street improvements, recreational and other amenities.