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CC Resolution 2004-081 Hideaway TTM 32453RESOLUTION NO. 2004-081 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA APPROVING THE SUBDIVISION OF 27 + ACRES INTO 28 RESIDENTIAL LOTS AND MISCELLANEOUS LOTS CASE NO.: TENTATIVE TRACT 32453 ND LA QUINTA PARTNERS LLC WHEREAS, The City Council of the City of La Quinta, California, did on the 20" day of July, 2004, hold a duly noticed Public Hearing to consider the request of ND La Quinta Partners, LLC for the subdivision of 27 + acres into 28 residential lots and other miscellaneous lots, located on the east side of Village Club Drive (Hideaway Club Drive), more particularly described as: Lots 141, and W, Tract 29894-2 and Portion of Tract 29894-3 WHEREAS, said Tentative Tract Map has complied with the requirements of "The Rules to Implement the California Environmental Quality Act -- . of 19-70" as amended (Resolution 83-63) in that an Environmental Impact Report for Environmental Assessment 99-380 (State Clearinghouse #1999061109) was certified by the City Council on November 24, 2000, for Tentative Tract Map 29894, Specific Plan 99-035 and Conditional Use Permit 2000-053 in compliance with the requirements of the California Environmental Quality Act of 1970, as amended. This request is in conformance with that approval and no changed circumstances or conditions exist which would trigger the preparation of subsequent environmental review; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 22Id day of June, 2004, hold a public hearing to consider this request, and adopted Resolution 2004-040, recommending approval subject to conditions; and 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 approval of said Tentative Tract Map 32453: 1. The Tentative Tract Map and its design is consistent with the General Plan and Specific Plan 99-035 in that its street design and lots are in conformance with applicable goals, policies, and development standards, such as lot size and will provide adequate infrastructure and public utilities. Resolution No. 2004-081 Tentative Tract Map 32453 ND la Quinta Partners, LLC Adopted: July 20, 2004 Page 2 2. The design of the revised subdivision, or its proposed improvements, is not likely to create environmental damage or substantially and avoidably injure wildlife or their habitat because mitigation measures and conditions have been implemented as required. 3. The design of the revised subdivision and the proposed types of improvements are not likely to cause serious public health problems because urban improvements exist or will be installed based on applicable local, State, and Federal requirements. 4. The design of the revised subdivision and the proposed types of improvements will not conflict with easements acquired by the public at large, for access through or use of the property within the subdivision in that none presently exist and access is provided within the project and to adjacent public streets. 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 Tentative Tract Map 32453 for the reasons set forth in this Resolution, subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 20' day of July, 2004, by the following vote, to wit: . AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None Resolution No. 2004-081 Tentative Tract Map 32453 ND is Quinta Partners, LLC Adopted: July 20, 2004 Page 3 AON.ADOLPH, Mapor City of La Quinta, California ATTEST: JU S. GhEEK, CMC, Cit e City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, vdtyAfftorney City of La Quinta, California CITY COUNCIL RESOLUTION 2004-081 TENTATIVE TRACT MAP 32453 - ND LA QUINTA PARTNERS CONDITIONS OF APPROVAL - FINAL ADOPTED: JULY 20, 2004 GENERAL 1. The applicant agrees to defend, indemnify 'and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Tract Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Tentative Tract Map, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 3. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following 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 (IID) • California Water Quality Control Board -(CWQCB) • SunLine Transit Agency The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. Resolution No. 2004-081 Conditions of Approval - Final Tentative Tract Map 32453 - ND La Quinta Partners, LLC Adopted: July 20, 2004 Page 2 4. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08-DWQ. A. For construction activities including clearing, grading or excavation of land that- disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water. Pollution Protection Plan ("SWPPP"). The applicant or his/her designer can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC): 1) Temporary Soil Stabilization (erosion control) . 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. Resolution No. 2004-081 �---. Conditions of Approval - Final Tentative Tract Map 32453 - ND La Quinta Partners, LLC Adopted: July 20, 2004 Page 3 F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. 5. Permits issued under this approval shall be subject to the provisions of ,the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). PROPERTY RIGHTS 6. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the 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. 7. The applicant shall retain for private use on the Final Map all private street right-of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 8. The private street right-of-ways to be retained for private use required for this development include: A. PRIVATE STREETS Private Residential Streets measured at the gutter flow line to gutter flow line shall be 28 feet with on -street parking prohibited, provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Engineering Department prior to recordation. 9. When the City Engineer determines that access rights to the proposed street right-of-ways shown on the approved Tentative Tract Map are necessary prior to approval of the Final Map dedicating such right-of-ways, the applicant shall grant the necessary right-of-ways within 60 days of a written request by the City. Resolution No. 2004-081 Conditions of Approval -Final Tentative Tract Map 32453 - ND La Quinta Partners, LLC Adopted: July 20, 2004 Page 4 10. The applicant shall offer for dedication on the Final Map a ten -foot wide public utility easement contiguous with, and along all private streets subject to IID approval. Such easement may be reduced to five feet in width with the express written approval of IID. 11. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, and common areas on the Final Map. 12. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 13. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. FINAL.MAPS 14. Prior to the City's approval of a Final Map, the applicant shall furnish accurate AutoCAD files of the Final Map that was approved by the City's map checker on a storage media acceptable to the City Engineer. Such files shall be in a standard AutoCAD format so as to be fully retrievable into a basic AutoCAD program. Where a Final Map was not produced in an AutoCAD format, or produced in a file that can be converted to an AutoCAD format, the City Engineer will accept a raster -image file of such Final 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. 15. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of Section 13.24.040 (Improvement Plans), LQMC. Resolution No. 2004-081 Conditions of Approval - Final Tentative Tract Map 32453 - ND La Quints Partners, LLC Adopted: July 20, 2004 Page 5 16. The following improvement plans shall be prepared and submitted for review and approval by the City. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by .the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Street Plan: ill = 40' Horizontal, 1 " = 4' Vertical B. On -Site Precise Grading Plan: ill = 30' Horizontal C. Site Development Plan 1 " = 30' Horizontal f Other engineered improvement plans prepared for City approval that are not j listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 2001 California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted to the Engineering Department in conjunction with the Site Development Plan when it is submitted for plan checking. "On -Site Precise Grading" plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and ADA requirements. 17. The City maintains standard plans, detail sheets and/or construction notes for elements of construction on the Public Works Online Engineering Library at http://www.la-guinta.org/publicworks/tractl/z onlinelibrary/0 intropage.htm. 18. The applicant shall furnish a complete set of the AutoCAD files of all approved improvement plans on a storage media acceptable to the City Engineer. The files shall be saved in a standard AutoCAD format so they may be fully retrievable through a basic AutoCAD program. Resolution No. 2004-081 Conditions of Approval - Final Tentative Tract Map 32453 - ND La Quinta Partners, LLC Adopted: July 20, 2004 Page 6 At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the AutoCAD files in order to reflect the as -built conditions. Where the improvement plans were not produced in a standard AutoCAD format, or a file format that can be converted to an AutoCAD format, the City Engineer will accept raster -image files of the plans. IMPROVEMENT SECURITY AGREEMENTS 19. Prior to approval of any Final Map, the applicant shall construct all on and off -site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement ("SIA") guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 20. Any Subdivision Improvement Agreement ("SIA") entered -into by and between the applicant and the City of La Quinta, for the- purpose of guaranteeing the completion of any improvements related to this Tentative Tract Map, shall comply with the provisions of Chapter 13.28 (Improvement Security), LQMC. 21. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. When improvements are phased through a "Phasing Plan," or an administrative approval (e.g., Site Development Permits), all common on -site improvements (e.g., backbone utilities, retention basins, perimeter walls, landscaping and gates) shall be constructed, or secured through a SIA, prior to the issuance of any permits in the first phase of. the development, or as otherwise approved by the City Engineer. Improvements and obligations required of each subsequent phase shall either be completed, or secured through a SIA, prior to the completion of homes or the occupancy of permanent buildings within such latter phase, or as, otherwise approved by the City Engineer. Resolution No. 2004-081 a.-- Conditions of Approval - Final Tentative Tract Map 32453 - ND La auinta Partners, LLC Adopted: July 20, 2004 Page 7 In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. In the event that any of the improvements required for this development are constructed by -the City, the applicant shall, prior to the approval of the Final Map, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 22. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on -site and off -site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule adopted by City resolution, r-- or ordinance. For items not listed in the City's unit cost schedule, the proposed unit costs shall be approved by the City Engineer. At the time the applicant submits its detailed construction cost estimates for conditional approval of the Final Map by the City Council, the applicant shall also submit one copy each of an 8-1 /2" x 11 " reduction of each page of the Final Map, along with a copy of an 8-1 /2" x 11 " Vicinity Map. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. 23. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. Resolution No. 2004-081 Conditions of Approval - Final Tentative Tract Map 32453 - ND La Quinta Partners, LLC Adopted: July 20, 2004 Page 8 GRADING 24. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 25. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer.. 26. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC, and D. A Best Management Practices report prepared in accordance with Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), LQMC. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 27. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. Resolution No. 2004-081 Conditions of Approval - Final Tentative Tract Map 32453 - ND La Quints Partners, LLC Adopted: July 20, 2004 Page 9 28. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of. Approval. 29. Building pad elevations of perimeter lots shall not differ by more that one foot from the building pads in adjacent developments. 30. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 31. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus three tenths of a foot from the elevations shown on the approved Tentative Tract Map, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 32. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. DRAINAGE "Stormwater handling shall conform with the approved hydrology and drainage report for Tract No. 29894-2 for the Hideaway Resort. Nuisance water shall be disposed of in an approved manner." Resolution No. 2004-081 Conditions of Approval - Final Tentative Tract Map 32453 - ND La auinta Partners, LLC Adopted: July 20, 2004 Page 10 UTILITIES 33. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 34. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 35. Underground 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 all utility trench compaction for approval by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 36. The applicant shall comply with the provisions of Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties And Development), LQMC for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. A. PRIVATE STREETS 1) Lot A, B and D - Construct full improvements full 28-foot wide travel width improvements measured gutter flow line to gutter flow line. On -street parking shall be prohibited and the applicant shall make provisions for perpetual enforcement of the No Parking restrictions. Resolution No. 2004-081 Conditions of Approval - Final Tentative Tract Map 32453 - ND La Quinta Partners, LLC Adopted: July 20, 2004 Page 11 B. PRIVATE 'CUL DE SACS 1) Shall be constructed according to the lay out shown on the tentative map with 38-foot curb radius or greater at the bulb or hammer head design similar to the layout shown on the approved Tentative Tract Map as approved by the Fire Marshal. C. COURTYARD DRIVEWAYS 1) The courtyard driveway area throat widths and layouts shall conform to the shape shown on the approved tentative map and be a minimum 20-foot accessway. Parking shall be prohibited in all common courtyard driveway and cul de sac areas. The applicant shall make provisions for ongoing enforcement of the parking restriction. D. PARKING LOTS AND ACCESS DRIVEWAYS 1) Parking facilities shall conform to LQMC Chapter 9.150 (Parking) and the latest ADA standards and policies. 37. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic): Minimum structural sections shall be as follows: Residential/Parking Lot Area 3.0" a.c./4.5" c.a.b. or the approved equivalents of alternate materials. 38. 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. 39. .General access points and turning movements of traffic are limited to the following: Resolution No. 2004-081 Conditions of Approval - Final Tentative Tract Map 32453 - ND La Quinta Partners, LLC Adopted: July 20, 2004 Page 12 Direct access from lots abutting Village Club Drive is prohibited except at the Private Street Lots A and B as shown on the approved tentative tract map. 40. 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. 41. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. CONSTRUCTION 42. The City will conduct final inspections of 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 in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. LANDSCAPING 43. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 44. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 45. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. Resolution No. 2004-081 Conditions of Approval - Final Tentative Tract Map 32453 - ND La Quints Partners, LLC Adopted: July 20, 2004 Page 13 46. The applicant shall submit the landscape plans for approval by the Community Development Department (CDD), prior to plan checking by the Public Works Department. When plan checking has been completed by CDD, the applicant shall obtain the approval and signatures of CVWD and , the Riverside County Agricultural Commissioner, prior to submittal for signature by the City Engineer. NOTE: Plans are not approved for construction until signed by the City Engineer. 47. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 18 inches of curbs along public streets. QUALITY ASSURANCE 48. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 49. The applicant shall employ, 'or retain, qualified engineers, surveyors, and such other appropriate professionals as are required to provide the expertise with which to prepare and sign accurate record drawings, and to provide adequate construction supervision. 50. The applicant shall arrange for, and bear the cost of, all measurements, sampling and testing procedures not included in the City's inspection program, but which may be required by the City, as evidence that the construction materials and methods employed comply with the plans, specifications and other applicable regulations. 51. Upon completion of construction, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing," "As - Built" or "As -Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all AutoCAD or raster -image files previously submitted to the City, revised to reflect the as -built conditions. Resolution No. 2004-081 Conditions of Approval - Final Tentative Tract Map 32453 - ND La Quinta Partners, LLC Adopted: July 20, 2004 Page 14 MAINTENANCE 52. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 53. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. FEES AND DEPOSITS 54. The applicant shall comply with the provisions of Section 13.24.180 (Fees and Deposits), LQMC. These fees include all deposits and fees required by the City for plan checking- and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 55. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). MISCELLANEOUS 56. The applicant shall show that all required building setbacks shall be provided when the final map is approved. Minor changes shall be allowed to ensure that the setbacks are provided. 57. Conditions, Covenants, and Restrictions (CC and R's) shall be submitted to the City for review and approval prior to recordation of the Final Map. Provisions shall include all necessary easements to ensure use of all common areas, private areas by all residents and guests. Additionally, they shall include restrictions to ensure residential lots and their assigned garage lot, if separate, cannot be sold separately or separated. 58. All dwelling units within the tract which are rented for periods of 30 days or less, shall be subject to the Transient Occupancy Tax provisions of Municipal Code Section 3.24.030, and the owner shall be responsible for the collection and remittance of the tax to the City. The CC&R's shall include provisions for implementation of this condition. Resolution No. 2004-081 Conditions of Approval - Final Tentative Tract Map 32453 - ND La Quints Partners, LLC Adopted: July 20, 2004 Page 15 FIRE MARSHAL 59. For single-family residential areas, approved standard fire hydrants, located at each intersection and spaced 330 feet apart with no portion of any lot frontage more than 165 feet from a hydrant. Minimum fire flow shall be 1000 GPM for a 2-hour duration at 20 PSI. 60. For any buildings with public access i.e. recreational halls, clubhouses, etc. or buildings with a commercial use i.e. gatehouses, maintenance sheds, apartments, etc. Super fire hydrants are to be placed no closer than 25 feet and not more than 165 feet from any portion of the first floor of said building following approved travel ways around the exterior of the building. Minimum fire flow for these areas would be 1500 GPM for a 2-hour duration at 20 PSI. 61. The water mains shall be designed to provide a for a potential fire flow of 2500 GPM and an actual fire flow available from any one hydrant connected to any given main of 1500 GPM for a 2-hour duration at 20 PSI residual operating pressure. 62. Blue dot retro-reflectors shall be placed in the street 8 inches from centerline to the side that the fire hydrant is on, to identify fire hydrant locations. 63. City of La Quinta ordinance requires all buildings, other than single family, 5,000 sq. ft. or larger to be fully sprinkled. NFPA 13 Standard. Sprinkler plans will need to be submitted to the Fire Department. Area separation walls may not be used to reduce the need for sprinklers. 64. Any turn or cul-de-sac requires a minimum 38-foot outside turning radius. 65. All structures shall be accessible from an approved roadway to within 150 feet of all portions of the exterior of the 1s' floor of the buildings as measured by outside path of travel. 66. The minimum dimension for access roads and gates is 20 feet clear and unobstructed width and a minimum vertical clearance of 13 feet 6 inches in height. Resolution No. 2004-081 Conditions of Approval -Final Tentative Tract Map 32453 - ND La Quinta Partners, LLC Adopted: July 20, 2004 Page 16 67. Any gate provid'ing access from a public roadway to a private entry roadway shall be located at least 35 feet setback from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Where a one- way road with a single traffic lane provides access to a gate entrance, a 38- foot turning radius shall be used. 68. Gates shall be automatic, minimum 20 feet in width and shall be equipped with a rapid entry system (KNOX). Plans shall be submitted to the Fire Department for approval prior to installation. Automatic gate pins shall be rated with a shear pin force, not to exceed 30 pounds. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. 69. . The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. Two sets of water plans are to be submitted to .the Fire Department for approval. 70. The applicant or developer shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or signs. 71. Building plan check is to run concurrent with the City plan check. Submittals are the responsibility of the owner.