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PCRES 1995-011PLANNING COMMISSION RESOLUTION 95-011 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF SPECIFIC PLAN 94-025 CASE NO. SP 94-025 - WINCHESTER DEVELOPMENT CORPORATION WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 28th day of March, 1995, hold a duly noticed Public Hearing to consider the request of Winchester Development Corporation for a 331.1 acre project, consisting of 277 residential units and 231.2 acres of open space recreation on a site generally located west of Jefferson Street (extended), south of 58th Avenue, and south of The Quarry development, more particularly described as: BEING A PORTION OF SECTION 29, TOWNSHIPS 6 SOUTH, RANGE 7 EAST, S.B.B.M. ASSESSOR PARCEL NUMBER 761-030-001 WHEREAS, said Specific Plan request has complied with the requirements of the California Environmental Quality Act of 1970 (as amended), and adopted by City Council Resolution 83-68, in that the Community Development Department has completed a Draft and Final EIR, which have been reviewed and considered by the Planning Commission of the City of La Quinta. WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to justify the recommendation for approval of said Specific Plan. 1. The proposed Specific Plan, in conjunction with General Plan Amendment 94-047 and Change of Zone 94-077, is consistent with the goals and policies of the La Quinta General Plan. 2. The Specific Plan, as conditioned, is compatible with the existing and anticipated area development. 3. The project will be provided with adequate utilities and public services to ensure public health and safety. 4. Adherence to the mitigation measures identified in the Final EIR, which have been incorporated into the Conditions of Approval, will ensure that all identified significant impacts will be reduced to levels of non -significance, with the exception RESOCC107 PLANNING COMMISSION RESOLUTION 95-011 of impacts to those issues, for which Statements of Overriding Considerations will be adopted by the La Quinta City Council. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California as follows: 1. That the above recitations are true and correct and constitute the findings of the Commission in this case; 2. That it does hereby recommend certification by separate resolution of the Final Environmental Impact Report for this Amendment to the La Quinta City Council. 3. That it does hereby recommend to the City Council approval of the above described Specific Plan request for the reasons set forth in this Resolution, and subject to the Conditions of Approval attached as Exhibit 'W'. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 28th day of March, 1995, by the following vote, to wit: AYES: Commissioners Abels, Barrows, Anderson, Newkirk, Butler, Gardner, and Chairman Adolph NOES: None ABSENT: None ABSTAIN: None DON A11OLPH, Chairman City of La Quinta, California ATTEST: RRY I�1MIAN, Community Development Director of LYQuinta, California PXSOCC.107 PLANNING COMMISSION RESOLUTION 95.011 CONDITIONS OF APPROVAL - APPROVED SPECIFIC PLAN 94.025 - Winchester Asset Development Corporation (Green) MARCH 28,1995 Modified by the Planning Commission March 28,1995 1. Upon their approval by the City Council, the City Clerk is authorized to file these Conditions of Approval with the Riverside County Recorder for recordation against the property to which they apply. 2. Specific Plan 94-025 shall comply with the requirements and standards of the State Subdivision Map Act and the City of La Quinta Land Division Ordinance, unless otherwise modified by the following conditions. 3. The development shall comply with Exhibit "A", the specific plan for Specific Plan 94.025, the Final EIR and the following conditions, which shall take precedence in the event of any conflicts with the provisions of the Specific Plan. 4. Exterior lighting for the project shall comply with the "Dark Sky" Lighting Ordinance. Plans shall be approved by the Community Development Department prior to issuance of a building permit. 5. Construction shall comply with all local and State Building Code requirements as determined by the Building and Safety Director. 6.* This specific plan approval shall expire and become void within four years unless extended by the Planning Commission through the approval of an annual program review. The annual review shall be requested at least 30-days prior to the expiration. During annual review by the Commission, the developerlappllcant shall be required to demonstrate good faith compliance with the terms of the specific plan. The applicant/developer of this project hereby agrees to furnish such evidence of compliance as the City, in the exercise of its reasonable discretion, may require. Evidence of good faith compliance may include, but shall not necessarily be limited to, good faith progress towards implementation of and compliance with the requirements of the specific plan. Upon conclusion of the annual review, the Commission may determine that the applicant has made good faith compliancelprogress and may extend the specific plan for one year. 8. This approval shall be in compliance with the approvals of General Plan Amendment 94.047 and Change of Zone 94.077. 9. Applicant/developer shall work with Waste Management of the Desert to implement provisions of AB 939 and AB 1462. The appllcantldeveloper is required to work with Waste Management in setting up waste collection and recycling programs for this project. COXU%VL150 Conditions of Approval Specific Plan 94025-Green March 28,1995 10. If the applicant desires to phase improvements and obligations required by the Conditions of Approval, phasing plans shall be submitted to the Public Works Department for review and approval by the City Engineer. The phasing plans are not approved until they are signed by the City Engineer. The applicant shall complete required improvements and satisfy obligations in the order of the approved phasing plan. Improvements and obligations required of each phase shall be complete and satisfied prior to completion of homes or occupancy of permanent buildings within the phase unless a sub -phasing plan is approved by the City Engineer. 11. Prior to the issuance of a grading or building permit for construction of any building or use contemplated by this approval, 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 County Environmental Health Department * Desert Sands Unified School District * Coachella Valley Water District (CVWD) * Imperial Irrigation District * California Regional Water Quality Control Board (NPDES Permit) 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 approvals and signatures on the plans. Evidence of permits or clearances from the above jurisdictions shall be presented to the Building Division at the time of the application for a building permit for the use contemplated herewith. 12. Provisions shall be made to comply with the terms and requirements of the City's adopted Infrastructure Fee program in effect at the time of Issuance of building permits. 13. All adopted mitigation measures, as recommended in the Draft/Final EDt shall be incorporated Into all future project approvals relating to Specific Plan 94-025 where applicable and/or feasible. It is understood that certain measures will not be applicable to certain site specific CONAPRVL.150 2 Conditions of Approval Specific Plan 94.025-Green March 28, 1995 proposals, however, all development within the specific plan area shall be verified as in conformance with said specific plan and the mitigation adopted within the DraftlFinal EIR. The Specific Plan Draft and Final EIR shall be used in the review of all project proposals in the Specific Plan 94-025 area. Said mitigation measures are hereby incorporated into these conditions by reference. 14. Any proposed entry gates shall be subject to separate plot plan reviews to Insure adequate stacldnglqueuing space, fire access, etc. Plans including guard houses or similar structures will also be subject to Planning Commission approval. 15. Separate plot plan review of any maintenance facility site(s) shall be required with action taken by the Planning Commission, with a report of action to be sent to the City Council. 16. Building heights for residential uses shall be subject to height limits specified in the specific plan, except that no building or structure, regardless of use, exceeding one story (20-feet in heights shall be allowed within 200-feet of any perimeter property line/public street frontage. All building heights shall be measured from finish grade elevation. All other residential structures shall be limited to two stories, not to exceed 28-feet. 17. The minimum dwelling unit (living area) size for all residential units shall be 1,400 square feet (excluding attached or detached parking garage). 18. All dwelling units shall have a minimum two car garage measuring 20-feet by 20-feet in overall size. The garage can be either attached or detached. 19. The architectural style of the project shall be Spanish Colonial, Southwest Adobe, Pueblo, or other styles approved by the Planning Commission. 20. All roofing material within the project shall be clay or concrete tile barrel. The color of the roof tiles shall consist of desert hues. 21. All residencesldwellings are required to have illuminated building address numbers per the La Quinta Municipal Code. PROPERTY RIGHTS: 22. All easements, rights -of -way and other property rights necessary to facilitate the ultimate use of the subdivision and functioning of improvements shall be dedicated, granted or otherwise conferred, or the process of said dedication, granting, or conferral shall be ensured, prior to approval of a final map or filing of a Certificate of Compliance for waiver of a final map. The CONAPRVL.150 Conditions of Approval Specific Plan 94025-Green March 28,1995 conferral shall include irrevocable offers to dedicate or grant easements to the City for access to and maintenance, construction, and reconstruction of all required improvements which are located on privately -held lots or parcels. 23. 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 to those properties alternate rights -of -way or access easements on alignments approved by the City Council. 24. The applicant shall dedicate public 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. Dedication required of this development include: A. Jefferson Street (realigned) - full -width right-of-way, width shall be determined in the approved Jefferson Street Alignment Study. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, etc. The applicant shall dedicate street rights -of -way prior to required approvals of any proposed subdivision or improvements to land within the specific plan boundaries. If the City Engineer determines that public 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, then developer shall grant temporary public access easements to those areas within 60-days of written request by the City. 25. The applicant shall dedicate 10-foot wide public utility easements contiguous with and along both sides of all private streets. 26. The applicant shall dedicate 20-foot common area setback lots adjacent to Jefferson Street. If Interior streets are private, the dedication shall be to a homeowners' association. If interior streets are public, the dedication shall be to the City. The minimum width may be used as an acreage width if a meandering wall design is approved. Where sidewalks, bikepaths, and/or equestrian trails are required, the applicant shall dedicate blanket easements over the setback lots for those purposes. 27. The applicant shall vacate vehicle access rights to Jefferson Street from lots abutting the street. Access to the development from Jefferson Street shall be restricted to that shown on the "Circulation" diagram in the specific plan. CONAPRVL.150 4 Conditions of Approval Specific Plan 94025-Green March 28, 1995 28. The applicant shall dedicate easements necessary for placement of and access to utility lines and structures, park lands, drainage basins, common areas, and mailbox clusters. 29. The applicant shall cause no easements to be granted or recorded over any portion of this property between the date of approval of this specific plan 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. 30. The applicant shall construct improvements and/or satisfy obligations, or enter into a secured agreement to construct improvements and/or satisfy obligations required by the City for any tentative tract map, parcel map, or approved phase of development prior to approval of the map or phase or issuance of a certificate of compliance in -lieu of a final map. . Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 31. If improvements are secured, the applicant shall provide approved estimates of the improvement costs. The estimates shall comply with the schedule of unit costs adopted by City resolution or ordinance. For items not contained in the City's schedule of costs, estimates shall meet the approval of the City Engineer. Estimates for utilities and other improvements under the jurisdiction of outside agencies shall be approved by those agencies. 32. If improvements are phased with multiple final maps or other administrative approvals (plot plans, conditional use permits, etc.), off -site improvements (i.e., streets) and development -wide improvements (i.e., perimeter walls, common area and setback landscaping, and gates) shall be constructed or secured prior to approval of the first final map unless otherwise approved by the engineer. 33. Improvement plans submitted to the City for plan checking shall be submitted on 24" X 36" media in the categories of "Rough Grading", "Precise Grading", "Streets and Drainage", and "Landscaping". All plans shall have signature blocks for the City Engineer and are not approved for construction until they are signed. "Streets and Drainage" plans shall normally include signals, sidewalks, bike paths, gates and entryways, parking lots, and water and sewer plans. Combined plans including water and sewer improvements shall have an additional signature block for the CVWD. The combined plans shall be signed by CVWD prior to their submittal for the City Engineer's signature. CONAPRVL150 Conditions of Approval Specific Plan 94.025-Green March 28,1995 "Landscaping" plans shall normally include landscaping improvements, irrigation, lighting, and perimeter walls. Plans for improvements not listed above, shall be in formats approved by the City Engineer. 34. The City may maintain digitized standard plans for elements of construction. For a fee established by City resolution, the developer may acquire the standard plan computer files or standard plan sheets prepared by the City. When final plans are approved by the City, the developer shall furnish accurate computer files of the complete, approved plans on storage media and in program format acceptable to the City Engineer. GRADING: 35. Graded but undeveloped land shall be maintained to prevent dust and blowsand nuisances. The land shall be planted with interim landscaping or provided with other wind and water erosion control measures approved by the Community Development and Public Works Departments. 36. The applicant shall comply with the City's Flood Protection Ordinance. 37. A thorough preliminary engineering, geological and soils engineering investigation shall be conducted. The report of the investigation ("the soils report") shall be submitted with the grading plan. 38. A grading plan shall be prepared by a registered civil engineer and must meet the approval of the City Engineer prior to issuance of a grading permit. The grading plan shall confirm with the recommendations of the soils report and shall be certified as adequate by a soils engineer or an engineering geologist. A statement shall appear on the final map(s� if any are required of this development, that a soils report has been prepared pursuant to Section 17953 of the Health and Safety Code. CONAPRVL150 Conditions of Approval Specific Plan 94025-Green March 28,1995 40. 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 6.10, La Quinta Municipal Code. In accordance with said Chapter, 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. 41. Prior to issuance of any building permit the applicant shall provide a separate document bearing the seal and signature of a California registered civil engineer, geotechnical engineer, or surveyor that lists actual building pad elevations. The document shall, for each building pad in the development, state the pad elevation approved on the grading plan, the as -built elevation, and shall clearly identify the difference, if any. The data shall be organized by development phase and lot number and shall be cumulative if the data is submitted at different times. DRAINAGE: 42. Stormwater falling on site during the peak 24-hour period of a 100-year storm shall be retained on site (rather than detained and released as proposed in the specific plan document). The tributary drainage area for which the developed is responsible shall extend to the centerline of adjacent public streets. 43. 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 2.5 acres in size or larger or where the use of common retention is determined by the City Engineer to be impracticable. 44. If individual lot retention is approved, the following conditions shall apply: A. Each private lot proposed for on -site retention shall be designed to receive and safely convey stormwater in excess of retention capacity, including inflow from adjacent properties. Front yards shall drain to the street unless constrained by the overall lay of the land. Basin capacity calculations and grading plans for each lot shall consider previously -approved grading plans for adjacent properties and shall be submitted, with copies of the previously approved adjacent lot plans, to the City Engineer for plan checking and approval. B. Prior to or concurrently with recordation of the final subdivision map, a homeowners' association or lot owner's association (HOA) shall be legally established and Covenants, Conditions and Restriction (CC & Rs) recorded. The CC & Rs shall stipulate the requirement for design, construction and maintenance of individual on lot basins CONAPRVL.150 VA Conditions of Approval Specific Plan 94-025-Green March 28,1995 and the required retention capacity for each individual lot. The CC & Rs shall grant the BOA irrevocable rights to enter and maintain each individual retention basin and all other grading and facilities necessary for the stormwater retention design. The CC & Its shall establish, in an irrevocable manner that: 1. The BOA has responsibility for the overall retention capacity of the development; 2. If the BOA falls to maintain the overall retention capacity, the City shall have the right to seek other remedies to restore and/or maintain the overall capacity or to establish or expand downstream facilities to mitigate the off - site effects of the HOA's failure to maintain the overall capacity; and; 3. The BOA shall promptly reimburse the City for any and all costs incurred in exercising such right. C. The final subdivision map shall establish a perpetual easement granting the City the right to enter and maintain retention basins and other drainage facilities and grading as necessary to preserve or rester the approved stormwater conveyance and retention design with no compensation to any property owner of the BOA. 45. In design of retention facilities, the basin percolation rate shall be considered to be zero unless the applicant provides site -specific data that indicates otherwise. Retention basin slopes shall not exceed 3:1. IF retention is on individual lots, the retention depth shall not exceed two feet. If retention is in one or more common retention basins, the retention depth shall not exceed six feet. 46. A trickling sand filter and leachfield of a design approved by the City Engineer shall be Installed to percolate nuisance water. The sand filter and leach field shall be sized to percolate 22 gallons per day per 1,000 square feet of drainage area. 47. No fence or wall shall be constructed around retention basins except as approved by the Community Development Director and the City Engineer. 48. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 49. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow outlet and into the historic drainage relief route. CONAPRVL.150 Conditions of Approval Specific Plan 94.025-Green March 28,1995 50. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 51. If any portion of the 100-year, 24-hour storm flow from this development is to be conveyed directly or indirectly to the Whitewater Storm Evacuation Channel or the La Quinta Evacuation Channel or will otherwise drain to water bodies subject to the NPDES, the applicant may be required to design and install first -flush storage, oillwater separation devices, or other screening or pretreatment method(s) to minimize the potential for conveyance of stormwater contamination to off -site locations. Drainage to off -site locations an methods of treatment or screening shall meet the approval of the City Engineer and CVWD. UTILITIES: 52. All existing and proposed utilities within or immediately adjacent to the proposed development shall be installed underground. High voltage power lines which the power authority will not accept underground are exempt from this requirement. 53. In areas where hardscape surface improvements are planned, underground utilities shall be installed prior to construction of the surface improvements. The applicant shall provide certified reports of utility trench compaction tests for approval of the City Engineer. 54.* The CIty is contemplating adoption of a major infrastructure and thoroughfare improvement program. If the program is in effect 60 days prior to recordation of any final map or issuance of a Certificate of Compliance for any waived final map, the development or portions thereof shall be subject to the provisions of the ordinance. If this development Is not subject to a major thoroughfare improvement program, the applicant shall design and construct street improvements as fisted below. 55. Improvement plans for all on- and off -site streets and access gates shall be prepared by a registered civil engineer. Improvements shall be designed and constructed in accordance with the La Quinta Municipal Code, adopted Standard and Supplemental Drawings and Specifications, and as approved by the City Engineer. Street right-of-way geometry for cul-de-sacs, knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #800, #801, and #805 respectively unless otherwise approved by the City Engineer. CONAPRVL.150 9 Conditions of Approval Specific Plan 94-025-Green March 28,1995 Street pavement sections shall be based on a Caltrans design procedure for a 20-year life and shall consider soil strength and anticipated traffic loading, including site and building construction traffic. The minimum pavement sections shall be as follows: Residential & Parking Areas 3.0" a.c.14.5O" a.b. Collector 4.0"15.00" Secondary Arterial 4.0"16.00" Primary Arterial 4.51116.00" Major Arterial 5.51116.50" If the applicant proposes to construct a partial pavement section which will be subjected to traffic loadings, the partial section shall be designed with a strength equivalent to the 20-year design strength. 56. Improvements shall include all appurtenances such as traffic signs, channelization markings, raised medians if required, street name signs, sidewalks, and mailbox clusters approved in design and location by the U.S. Post Office and the City Engineer. Mid -block street lighting is not required. 57. The City Engineer may require improvements extending beyond subdivision boundaries such as, but not limited to, pavement elevation transitions, street width transitions, or other incidental work which will insure that newly constructed improvements are safely integrated with existing improvements and conform with the City's standards and practices. 58. The following minimum street improvements shall be constructed to conform with the General Plan street type noted in parentheses: A. OFF -SITE STREETS 1. 58th Avenue, Jefferson Street and 62nd Avenue have several alignment issues that have been addressed by the Jefferson Street Alignment Study which identifies a new alignment to resolve those issues. Development of Phases Il and III, as defined in the "Phasing Plan" diagram of this specific plan, shall not begin until at least two lanes of the realigned streets have been installed from 58th Avenue to the south line of Section 29. 2. Jefferson Street (adjacent to this development) - improvement section as determined by the Jefferson Street Alignment Study. CONAPRVL.150 10 Conditions of Approval specific Plan 94025-Green March 28,1995 B. PRIVATE STREETS AND CULS DE SAC 1. Residential - 36-feet wide if double loaded (buildings on both sides), 32-feet if single loaded. 2. Collector (z300 homes or 3,000 vpd) - 40-feet wide. 59. All streets proposed for residential or other access drives shall be designed and constructed with curbs and gutters or shall have other approved methods to convey nuisance water without pending in yard or drive areas. 60. Access points and turning movements of traffic shall be restricted to locations shown on the "Circulation" diagram of the specific plan. 61. Prior to occupancy of completed buildings within the development, the applicant shall install traffic control devices and street name signs along access roads to those buildings. LANDSCAPING 62. The applicant shall provide landscape improvements in the perimeter setback areas or lots along Jefferson Street. 63. Landscape and irrigation plans for landscaped lots, landscape setback areas, medians, common retention basins, and park facilities shall be prepared by a licensed landscape architect. Landscape and irrigation plans shall be approved by the Community Development Department. Landscape and irrigation construction plans shall be submitted to the Public works Department for review and approval by the City Engineer. The plans are not approved for construction until they have been approved and signed by the City Engineer, the Coachella Valley water District, and the Riverside County Agricultural Commissioner. 64. 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 5-feet of curbs along public streets. 65. Slopes shall not exceed 3:1 in perimeter setbacks, medians and other publicly- or commonly - maintained landscape areas. 66. Unless otherwise approved by the City Engineer, common basins and park areas shall be designed with a turf grass surface which can be mowed with standard tractor -mounted equipment. CONAPRVL.150 11 Conditions of Approval specific Plan 94-025-Green March 28,1995 67. The applicant shall insure that landscaping plans and utility plans are coordinated to provide visual screening of above -ground utility structures. 68. Prior to approval of building permits the applicant shall prepare a water conservation plan which shall include consideration of: A. Methods to minimize the consumption of water, including water saving features incorporated into the design of the structures, the use of drought tolerant and low-water usage landscaping materials, and programs to increase the effectiveness of landscape and golf course irrigation, as recommended by CVWD and the State Department of Water Resources. B. Methods for maximizing groundwater recharge, including the construction of groundwater recharge facilities. C. Methods for minimizing the amount of water used for on -site irrigation, including the use of reclaimed water from sewage treatment facilities. The water energy plan shall be subject to review and acceptance by CVWD prior to final approval by the City Engineer. 69. Desert or native plant species and drought resistant planning materials shall be required for at least 90% of common planting areas. Provisions shall also be made for planting materials which provide forage and nesting areas for nearby wildlife. 70. The applicant shall submit a copy of the proposed grading, landscaping and irrigation plans to the CVWD for review and approval with respect to the District's Water Management Program. PUBLIC SERVICES - FIRE MARSHAL: 71. All water mains and fire hydrants providing the required fire flows shall be constructed in accordance with the City Fire Code in effect at the time of development. 72. The level of service required for this project shall be aligned with the criteria for Catalog II - Urban as outlined in the Fire Protection Master Plan and as follows: A. Fire station located within three miles. B. Receipt of full "first alarm"assignment within 15 minutes. Impacts to the Fire Department are generally due to the increased number due to the increased number of emergency and public service calls generated by additional buildings and human population. A fiscal analysis for this project shall identify a funding source to mitigate any CONAPRVL.150 12 Conditions of Approval Specific Plan 94025-Green March 28,1995 impacts associated with any capitol costs and the annual operating costs necessary for an increased level of service. Said analysis shall be subject to review and approval by the Riverside County Fire Department and the City of La Quinta. COACRELLA VALLEY WATER DISTRICT: 73. The applicant shall comply with the requirements of the CVWD as stated in the District's letter dated December 28,1994, attached to these Conditions of Approval. During project development all irrigation facilities shall be designed to utilize reclaimed water sources when such sources become available. ELECTRICAL UTILITIES: 74. The applicant shall comply with the requirements of the Imperial Irrigation District as stated in the District's letter dated November 15,1994, attached to these Conditions of Approval. RECREATION: 75. Prior to any final map approval by the City Council, the applicant shall meet the parkland dedication requirements as set forth in Section 13.24.030, La Quinta Municipal Code and in compliance with the goals and policies of the La Quinta Parks and Recreation Master Plan. 76. The applicant shall provide public transit amenities as required by Sunline Transit and/or the City Engineer. These amenities shall include, as a minimum, a bus turnout location and passenger waiting shelter. The location and character of the turnout and shelter shall be as determined by Sunline Transit and the City Engineer. QUALITY ASSURANCE 77. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 78. The applicant shall employ or retain California registered civil engineers, geotechnical engineers, or surveyors, as appropriate, who will provide, or have his or her agents provide, sufficient supervision and verification of the construction to be able to furnish and sign accurate record drawings and certify compliance of all work with approved plans, specifications and applicable codes. CONAPRVL.150 13 Conditions of Approval Specific Plan 94025-Green March 28,1995 79. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all plans which were signed by the City Engineer. Each sheet of the drawings shall have the words "Record Drawings," "As -Built" or "As -Constructed" clearly marked on each sheet and be stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. 80. The applicant shall make provisions for continuous maintenance of landscaping and related improvements in landscaped setbacks, retention basins and other public or common areas until those areas have been accepted for maintenance by a homeowner's association (developments with private and/or gated interior streets) or the City's Landscape and Lighting District (developments without private or gated interior streets The applicant shall maintain all other improvements until final acceptance, by the City Council, of all improvements within each map or phase. 81. The applicant shall provide an Executive Summary Maintenance Booklet for streets, landscaping and related improvements, perimeter walls, drainage facilities, or any other improvements to be maintained by an BOA. The booklet should include drawings of the facilities, recommended maintenance procedures and frequency, and a costing algorithm with fixed and variable factors to assist the BOA in planning for routine and long term maintenance. FEES AND DEPOSITS 82.* The applicant shall pay all deposits and fees required by the City for plan checking and construction inspection. Deposit and fee amounts shall be those in effect when the applicant makes application for the plan checks and permits. The applicant shall additionally pay any fees of any nature required by the City at the time of recording of the final map or the issuance of a building permit according to the fee requirements in effect at the time of issuance or approvals for those items. 83. Prior to approval of a final map or completion of any approval process for modification of boundaries of the property subject to these conditions, the applicant shall process a reapportionment of any bonded assessment(s) against the property and pay all costs of the reapportionment. 94. In order to mitigate impacts on public schools, applicant shall comply with the following: CONAPRVL150 14 Conditions of Approval Specific Plan 94025-Green March 28,1995 "Prior to the issuance of any building permits, the applicant shall provide the Community Development Department with written clearance from the DSUSD stating that the per -unit impact fees have been paid." 85. The California Fish and Game Environmental filing fees shall be paid. The fee is $950.00 plus $78.00 for the Riverside County document processing. The fee shall be paid within 24hours after review by the City Council. MISCELLANEOUS 86. The applicant shall comply with applicable provisions of the National Pollution Discharge Elimination system (NPDES) and the City's NPDES permit. 87. if the City finds it necessary to revise or abandon the Jefferson Street specific alignment contemplated at the time of approval of this specific plan, the applicant shall revise this specific plan as required by the City to fully address revised access routing. 88 * For all open space designated areas that are 20-percent or more in slope, a conservation easement shall be prepared for City review and approval prior to recordation of the final map recordation and shall then be recorded with the County Recorder's Office. 89.* The developer agrees to indemnify, defend, and hold harmless the City of La Qufnta in the event of any legal claim or litigation arising out of the City's approval of the Final EIR, the General Plan Amendment and/or the Specific Plan for this project. CONAPRVL150 15