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PCRES 1998-020PLANNING COMMISSION RESOLUTION 98-020 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF SPECIFIC PLAN 84-004, AMENDMENT NO.2 CASE NO. SP 84-004, AMENDMENT NO.2 WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 28th day of April, 1998, hold a duly -noticed Public Hearing to consider Specific Plan Amendment No.2 to a mixed use development consisting of a combination of residential, golf course, tourist commercial and retail uses on 716.6 acres, generally bounded by four Arterial streets; Washington Street, Jefferson Street, Avenue 48, and Avenue 50. The project area is located at the south of Avenue 48, north of Avenue 50, west of Jefferson and east of Washington., more particularly described as: APN: BOOK 646, MAPS 2, and 43 through 40; AND BOOK 649 MAPS 10, 21, 37, 38, and 40 WHEREAS, said Specific Plan Amendment No. 2 has complied with the requirements of the California Environmental Quality Act of 1970 (as amended), pursuant to the adoption of Resolution 83-68 by the City Council, in that the Community Development Director has conducted an Initial Study (EA 98-357), reviewed a previously certified Addendum to Environmental Impact Report No. 90 for Specific Plan 84-004 and determined that the Zone Change will not have a significant adverse impact on the environment and a Mitigated Negative Declaration of Environmental Impact is recommended; 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 Planning Commission did make the following mandatory findings of approval to justify a recommendation for approval of said Specific Plan Amendment No.2: That the proposed Specific Plan Amendment No. 2 is consistent with the goals and policies of the La Quinta General Plan in that the property is designated Residential, Golf Course/Open Space, and Tourist Commercial which permits the uses proposed for the property. 2. This Amendment will not create conditions materially detrimental to the public health, safety, and welfare in that the resulting land uses and circulation will require Planning Commission and City Council review and approval of future development plans, which will ensure adequate conditions of approval. AAresoSP84-004amdNo2 Planning Commission Resolution 98-020 That the Specific Plan Amendment No. 2 is compatible with the existing and anticipated area development in that the project, as conditioned, provides adequate circulation. That the project will be provided with adequate utilities and public services to ensure public health and safety. 4. That the Specific Plan Amendment No.2 is consistent with the current Specific Plan approval and amendment process. That the proposed Specific Plan Amendment No. 2 is conceptual; further review will be required under a Site Development Permit review process at which time project related conditions will be attached to mitigate impacts. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: That the above recitations are true and correct and constitute the findings of the Commission in this case; That it does hereby recommend adoption of Environmental Assessment 98-357, a Mitigated Negative Declaration, indicating that the proposed Specific Plan Amendment No. 2 will not result in any significant environmental impacts as mitigated by the recommended Conditions of Approval; That it does hereby recommend approval of the above -described Specific Plan Amendment No. 2 request for the reasons set forth in this Resolution, and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 28th day of April, 1998, by the following vote, to wit: AYES: Commissioners Abets, Gardner, Kirk, Woodard, and Chairman Butler. NOES: None ABSENT: Commissioners Seaton and Tyl ! * ABSTAIN: None RI BUTLER, Chairman City of La Quinta, California Community Development Director of La Quinta, California A \resoSP84-004amdNo.2 PLANNING COMMISSION RESOLUTION 98- 020 CONDITIONS OF APPROVAL - ADOPTED SPECIFIC PLAN 84-004 AMENDMENT NO.2 APRIL 28,1998 GENERAL CONDITIONS OF APPROVAL Upon their approval by the City Council, the City Clerk is directed to file these Conditions of Approval with the Riverside County Recorder for recordation against the properties to which they apply. Land divisions within Specific Plan 84-004 shall comply with the requirements and standards of §§ 66410-66499.58 of the California Government Code (the Subdivision Map Act) and Chapter 13 of the La Quinta Municipal Code (LQMC) unless otherwise modified by the following conditions. Prior to the issuance of a grading or building permits for any facilities 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 Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (Potable water supply and work within the La Quinta Evacuation Channel) • 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 approval of the plans. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. For projects requiring project -specific NPDES construction permits, the applicant shall include a copy of the application for the Notice of Intent with grading plans submitted for plan checking. Prior to issuance of a grading or site construction permit, the applicant shall submit a copy of the proposed Storm Water Pollution Protection Plan for review by the Public Works Department. 4. 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. COA.SP84-004AMD.NO2 Planning Commission Resolution 98-020 Conditions of Approval Specific Plan 84-004, Amendment N2 April 28, 1998 5. All easements, rights of way and other property rights required of or otherwise necessary to facilitate the ultimate use of the development 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 final maps or parcel maps or a waivers of parcel maps lying over or adjacent to the required property rights. The conferral shall include irrevocable offers to dedicate or grant easements to the City for access to and maintenance, construction, and reconstruction of all essential improvements which are located on privately -held lots or parcels. 6. Prior to approval of final maps, parcel maps or grading plans and prior to issuance of grading permits, the applicant shall furnish proof of temporary or permanent 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. 7. 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. 8. The applicant shall 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. 9. Right of way grants required of this development include: A. Washington and Jefferson Streets - Sixty -foot halves of 120' rights of way B. Avenues 48 and 50 - Fifty -five-foot halves of 110' rights of way Grants shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. The applicant shall grant the above rights of way withing sixty days of written request by the City. 10. The applicant shall grant a flooding easement to CVWD for all areas of the development below the elevation of 50.00 feet which are not drainage isolated (to elevation 50.00) from the La Quinta Evacuation Channel. COA.SP84-004AMD.NO2 Planning Commission Resolution 98-020 Conditions of Approval Specific Plan 84-004, Amendment H2 April 28, 1998 11. The applicant shall dedicate 10-foot public utility easements contiguous with and along both sides of all private streets. 12. The applicant shall create perimeter setback lots, of minimum width as noted, adjacent to the following street rights of way: A. Washington Street - As constructed at the time of this Specific Plan update B. Avenues 48 and 50 and Jefferson Street - 20' Minimum widths may be used as average widths if meandering wall designs are approved. Required setback areas or lots shall apply to all existing and proposed street frontage of the property being subdivided including, but not limited to, remainder parcels and lots dedicated or deeded to others such as water well and power substation sites. Where public sidewalks are placed on privately -owned setback lots, the applicant shall dedicate blanket sidewalk easements over the setback lots. 13. The applicant shall vacate abutter's rights of access to Washington and Jefferson Streets and Avenues 48 and 50 from lots abutting the streets. Direct access to these streets shall be restricted to entry/exit drives approved by the City. 14. The applicant shall dedicate any easements necessary for placement of and access to utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas. 15. Prior to approval of any land division map, the applicant shall furnish accurate AutoCad files of the complete map, as approved by the City's map checker, on storage media and in a program format acceptable to the City Engineer. The files shall utilize standard AutoCad menu choices 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. 16. 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 & Drainage," and COA.SP84-004AMD.NO2 Planning Commission Resolution 98-020 Conditions of Approval Specific Plan 84-004, Amendment #2 April 28, 1998 "Landscaping." All plans except precise grading plans shall have signature blocks for the City Engineer. Precise grading plans shall have signature blocks for Community Development Director and the Building Official. Plans are not approved for construction until they are signed. "Streets and Drainage" plans shall normally include signals, sidewalks, bike paths, gates and entryways, and parking lots. If water and sewer plans are included on the street and drainage plans, the plans shall have an additional signature block for the Coachella Valley Water District (CVWD). The combined plans shall be signed by CVWD prior to their submittal for the City Engineer's signature. "Landscaping" plans shall normally include landscape improvements, irrigation, lighting, and perimeter walls. Plans for improvements not listed above shall be in formats approved by the City Engineer. 17. Grading and drainage plans within or directly affecting the La Quinta Evacuation Channel shall have signature blocks for CVWD. 18, 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. 19. When final plans are approved by the City, and prior to approval of the land division map, 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 choices 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 including approved revisions to the plans. 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. 20. The applicant shall construct improvements and/or satisfy obligations, or furnish executed, secured agreements to construct improvements and/or satisfy obligations required by the City prior to approval of final or parcel maps or issuance of certificates of compliance for waived parcel maps. For secured agreements, security provided, and the release thereof, shall conform with Chapter 13, LQMC. COA.SP84-004AMD.NO2 Planning Commission Resolution 98-020 Conditions of Approval Specific Plan 84-004, Amendment N2 April 28, 1998 Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 21. If improvements are secured, the applicant shall provide approved estimates of improvement costs. 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 utilities and other improvements under the jurisdiction of outside agencies shall be approved by those agencies. Security is not required for telephone, gas, or T.V. cable improvements. However, tract 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. 22. The applicant shall pay cash or provide security in guarantee of cash payment for applicant's required share of improvements which are or have been constructed by others (participatory improvements). 23. Graded, 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. 24. Prior to occupation of development sites for construction purposes, the Applicant shall submit and receive approval of fugitive dust control plans prepared in accordance with Chapter 6.16, LQMC. 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. 25. The applicant shall comply with the City's flood protection ordinance. 26. The applicant shall furnish a thorough preliminary geological and soils engineering report ("soils report") with grading plans. 27. Grading plans shall be prepared by a registered civil engineer and must meet the approval of the City Engineer prior to issuance of grading permits. The grading plan shall conform with the recommendations of the soils report(s) and shall be certified as adequate by a soils engineer or an engineering geologist. A statement shall appear on final map(s) that soils reports have been prepared pursuant to Section 17953 of the Health and Safety Code. COA.SP84-004AMD.NO2 Planning Commission Resolution 98-020 Conditions of Approval Specific Plan 84-004, Amendment #2 April 28, 1998 28. The applicant shall endeavor to minimize differences in elevation at the interface of this development with abutting properties and of 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, but not sharing common street frontage, where the differential shall not exceed five feet. If compliance with this requirement is impractical, the City will consider and may approve alternatives which minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 29. Prior to issuance of building permits, the applicant shall provide documents, bearing the seal and signature of a California registered civil engineer or surveyor, that list actual building pad elevations for the building lots. The document shall list the pad elevation approved on the grading plan, the as -built elevation, and the difference between the two, if any. The data shall be organized by map and lot number and shall be listed cumulatively if submitted at different times. The applicant shall comply with the provisions of Engineering Bulletin No. 97.03 and the following: 30. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 31. 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. 32. Storm flow in excess of retention capacity shall be routed through a designated overflow outlet and into the historic drainage relief route. 33, Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 34. Nuisance water shall be retained on site. 35. If the applicant proposes drainage of stormwater from a design storm directly or indirectly to public waterways, the applicant and, subsequently, the Homeowners' Association shall be responsible for any sampling and testing of the development's effluent which may 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 COA.SP84-004AMD.NO2 Planning Commission Resolution 98-020 Conditions of Approval Specific Plan 84-004, Amendment N2 April28, 1998 of the development's stormwater or nuisance water. The tract CC & Rs shall reflect the existence of this potential obligation. UTILITIES 36. All existing and proposed utilities within or 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. 37. In areas where hardscape surface improvements are planned, underground utilities shall be installed prior to the hardscape improvements. The applicant shall provide certified reports of utility trench compaction tests for approval of the City Engineer. 38. The City is contemplating adoption of a major 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 land being divided may be subject to the provisions of the ordinance. 39. The applicant shall develop all internal roads in accordance with the design standards specified in the specific plan and the structural standards in effect at the time of tentative tract approval. All internal roads shall remain private. A. The primary loop road shall be constructed to a minimum pavement width of 40 feet. B. All private collector, local and cul de sac streets serving residential uses shall be a minimum width of 32 feet. C. Street widths and configurations for resort complexes and hotel uses shall be subject to review and approval when preliminary site plans and traffic generation rates are available. 40. The following minimum off -site street improvements shall be constructed to conform with the General Plan street type noted in parentheses: A. Washington Street and the portion of Avenue 48 from Washington Street to Dune Palms Road have been constructed by the applicant at the time of this specific plan amendment. B. Avenue 48 (Primary Arterial) - Reimburse the City for the cost to construct the applicant's half of this street from Dune Palms Road to Jefferson Street. COAM84.004AMD.NO2 Planning Commission Resolution 98-020 Conditions of Approval Specific Plan 84-004, Amendment #2 April 28, 1998 C. Jefferson Street (Major Arterial) - Fifty -one -foot half of 102' improvement (curbface to curbface) plus six-foot sidewalk for the length of the applicant's frontage. D. Avenue 50 (Primary Arterial) - Forty -three-foot half of 86' improvement (curbface to curbface) plus six-foot sidewalk for the length of the applicant's frontage. 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. 41. The minimum rate of progress on the applicant's remaining responsibility for off -site streets (approximately 2.1 of the original 3.1 miles of improvements) shall be as follows (Area 5 lots are not included in or affected by this schedule): A. At the time of approval of this amendment to the specific plan, the applicant shall reimburse the City for the cost of improvements to Avenue 48 between Dune Palms Road and Adams Street (one-half mile). B. At the time of approval of the next land division providing for residential units, the applicant shall secure, build or reimburse (at the City's option) an additional one-half mile of improvements. The improvements shall be completed when directed by the City but no later than the time of issuance of a building permit for the 538th residential unit. C. At the time of approval of the map allowing the 539st residential unit, the applicant shall secure, build or reimburse (at the City's option) an additional one-half mile of improvements. The improvements shall be completed as directed but no later than the time of issuance of a building permit for the 619th residential unit. D. At the time of approval of the map allowing the 620st residential unit, the applicant shall secure, build or reimburse (at the City's option) all remaining off -site improvements. The improvements shall be completed as directed by the City but no later than the time of issuance of a building permit for the 700th residential unit. The above notwithstanding, all off -site street improvements determined necessary to serve developing portions of the Specific Plan area shall be constructed, secured or reimbursed at the time of approval of those portions of the development and shall be completed as required by the City. All off -site street improvements shall be completed no later than five years after the approval of this Specific Plan. Improvements and reimbursements so required may exceed the minimum rate of progress outlined above. COA.SP84-004AMD.NO2 Planning Commission Resolution 98-020 Conditions of Approval Specific Plan 84-004, Amendment #2 April 28, 1998 42, Improvements shall include all appurtenances such as traffic signs, channelization markings and devices, raised medians if required, street name signs, and sidewalks. Mid -block street lighting is not required. 43. The City Engineer may require improvements extending beyond development boundaries such as, but not limited to, pavement elevation transitions, street width transitions, or other incidental work which will ensure that newly constructed improvements are safely integrated with existing improvements and conform with the City's standards and practices. 44. Improvement plans for all on- and off -site streets and access gates shall be prepared by registered professional engineer(s) authorized to practice in the State of California. Improvements shall be designed and constructed in accordance with the LQMC, adopted Standard and Supplemental Drawings and Specifications, the specific plan, and as approved by the City Engineer. 45. Street right of way geometry for culs de sac, 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. 46. All streets proposed to serve residential or other access driveways shall be designed and constructed with vertical curbs and gutters or shall have other approved methods to convey nuisance water without ponding and to facilitate street sweeping. 47. Street pavement sections shall be based on a Caltrans design 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./4.50" 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" The listed structural sections are minimums, not defaults. Street pavement sections shall be designed using Caltrans design procedures with site -specific data for soil strength and traffic volumes. The applicant shall submit current (no more than two years old) mix designs for base materials, Portland cement concrete and asphalt concrete, including complete mix design lab results, for review and approval by the City. For mix designs over six months old, the submittal shall include recent (no more than six months old at the time proposed for construction) aggregate gradation test results to confirm that the mix design gradations can COA.SP84-004AMD.NO2 Planning Commission Resolution 98-020 Conditions of Approval Specific Plan 84-004, Amendment N2 April 28, 1998 be reproduced in production of the base or paving material. Construction operations shall not be scheduled until mix designs are approved. 48, Final inspection and occupancy of homes or other permanent buildings within the development will not be approved until the homes or permanent buildings have improved access to publicly -maintained streets. The improvements shall include streets and sidewalks, traffic control devices and street name signs. WALLS AND LANDSCAPI IN 49. Final inspection and occupancy of homes and buildings within tracts abutting the perimeter will occur only after the perimeter wall has been constructed adjacent to those tracts. Perimeter walls along public streets shall be installed within one year of the applicants' construction or participation in the costs of the streets. 50. The applicant shall provide landscape improvements in the perimeter setback areas or lots along all adjacent public streets. Landscape improvements shall coincide with construction of the adjacent perimeter wall unless otherwise approved by the City Engineer. 51. Landscape and irrigation plans for landscaped lots, landscape setback areas, medians, 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. 52. 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. 53. 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. 54. The applicant shall ensure that landscaping plans and utility plans are coordinated to provide visual screening of above -ground utility structures. 55. The applicant shall provide public transit amenities as required by Sunline Transit and/or the City Engineer. COA.SP84-004AMD.NO2 Plannning Commission Resolution 98-020 Conditions of Approval Specific Plan 84-004, Amendment k2 April 28, 1998 UALITY ASSURANCE 56. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 57. The subdivider shall arrange and bear the cost of measurement, sampling and testing not performed by the City but necessary to provide evidence that materials and their placement comply with plans and specifications. 58. The applicant shall employ or retain California registered civil engineers, geotechnical engineers, or surveyors, as appropriate, who will provide, or have their agents provide, sufficient supervision and verification of the construction to be able to furnish and sign accurate record drawings. 59. 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. The applicant shall revise the plan computer files previously submitted to the City to reflect the as -constructed condition. 60. The applicant shall make provisions for continuous and perpetual maintenance of all required improvements unless and until expressly released from said responsibility by the City. 61. 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 plan checking and permits. 62. The final Conditions of Approval shall be incorporated in the Final Specific Plan document. 63. Applicant agrees to indemnify, defend, and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out the City's approval of this project. The City of La Quinta shall have the right to select its defense counsel at its sole discretion. COA.SP84-004AMD.NO2 Planning Commission Resolution 98-020 Conditions of Approval Specific Plan 84-004, Amendment N2 April28, 1998 64. Fringe -Toed Lizard mitigation fees in effect at the time of permit issuance, shall be paid Prior to land disturbance activities (i.e. grading permit). 65. The applicant shall comply with the recommendations of the Archaeology Report prepared by the Archaeological Research Unit in 1995 for this project. 66. During grading activities, the project site shall be monitored by a professionally qualified archaeological monitor. The monitor is authorized to temporarily divert or stop equipment in order to investigate and mitigate exposed cultural deposits. A final report of the monitoring activities shall be submitted to the City's Historic Preservation Commission for review. 67. Prior to issuance of a grading permit, the applicant shall retain a professionally qualified paleontologist to provide monitoring of earthmoving activities, including trenching for both on -site and off -site related work. Prior, to commencing grading activities, the paleontologist shall conduct a preliminary survey and surface collection of any paleontological resources. The, project paleontologist shall prepare a monitoring and salvage program for review and approval by the Community development Department prior to implementation. During grading activities, the project site shall be monitored by a professionally qualified paleontologist who maintains the necessary paleontologic collecting permits and repository agreements. In areas of known high potential, the project paleontologist may designate a paleontologic monitor to be present during 100% of the earth -moving activities. If, after 50% of the grading is completed, it can be demonstrated that the level of monitoring should be reduced, the project paleontologist may so amend the mitigation program. The paleontologic monitor(s) is authorized to temporarily divert equipment is authorized to temporarily divert equipment while removing fossils. Prior to issuance of occupancy, the project paleontologist shall submit a final report to the Community Development Director. The final report shall discuss the methods used, results of the surface survey, identification, cataloging, curation, and storage of fossil materials collected; and the significance of the paleontological resources. A final report of the finds and their significance after all operations are complete shall be reviewed by the Historic Preservation Commission for acceptability. Acceptance of the final report for the project by the Historic Preservation Commission signifies completion of the program of mitigation. COA.SP84-004AMD.NO2