PCRES 2000-049PLANNING COMMISSION RESOLUTION 2000-049
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF LA QUINTA, CALIFORNIA,
RECOMMENDING TO THE CITY COUNCIL APPROVAL OF
PARCEL MAP 29791 TO MERGE 6 EXISTING PARCELS
INTO ONE 5.65 ACRE HOLDING.
CASE NO.: PARCEL MAP 29791
APPLICANT: JDD, LLC
WHEREAS, the Planning Commission of the City of La Quinta, California,
did on the 251h day of July, 2000, hold a duly noticed Public Hearing for JDD, LLC for
merger of six existing parcels into one comprised of 5.65 acres generally located at the
southeastern corner of Highway 111 and Washington Street, more particularly
described as:
APN: 643-020-002, 643-020-003, 643-020-004, 643-020-005,
643-020-006, &643-020 -007
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 recommending
approval of said Parcel Map 29791:
Finding Number 1 - Consistency with General Plan:
The property is designated Regional Commercial. The Land Use Element of the General
Plan encourages commercial retail development in this land use designation. The
project is consistent with the goals, policies and intent of the La Quinta General Plan
Land Use Element (Chapter 2) because retail commercial land uses are proposed. The
project, as conditioned, is also consistent with the goals, objectives, and policies of
the General Plan Circulation Element. Objectives contained in this element will be met
through improvements to Highway 1 1 1, which are critical to the buildout of the
General Plan circulation system.
Finding Number 2 - Consistency with City Zoning Ordinance:
1. The proposed retail development is consistent with the land uses specified in
the Zoning Ordinance. Conditional Use Permit requirements have been secured
for motorcycle and golf cart sales, as required in the Ordinance.
2. The proposed retail development is consistent with the development standards
contained in the City's Zoning Code, as enumerated in the concurrent Specific
Plan, SP 2000-047, which accompanies this parcel map.
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Planning Commission Resolution 2000-049
La Quinta Court - JDD, LLC
Parcel Map 29791
July 25, 2000
Conditions of approval are recommended ensuring compliance with the City's Zoning
Code.
Finding Number 3 - Compliance with the California Environmental Quality Act:
Parcel Map 29791 is subject to the requirements of the California Environmental
Quality Act per Public Resources Code Section 65457(a). An Environmental
Assessment (EA 2000-399) has been prepared, and a mitigated Negative Declaration
has been proposed.
Finding Number 4 - Site Design:
The proposed design of the subdivision conforms with the development standards
found in the General Plan and Zoning Ordinance.
The site is physically suitable for the proposed land division, as the area is flat and
without physical constraints, and the parcel merger is consistent with other larger
parcels surrounding the project site.
Finding Number 5 - Site Improvements:
1 . Storm water retention will be provided on -site, and conveyed to existing storm
water systems adjacent to the site.
2. Washington Street, Highway 111 and Simon Drive will be improved to City
standards.
3. Infrastructure improvements such as gas, electric, sewer and water will be
extended to service the site in underground facilities as required. No adverse
impacts have been identified based on letters of response from affected public
agencies.
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 constitute the findings of the Planning
Commission in this case;
2. That it does hereby confirm the conclusion that Environmental Assessment
2000-399 assessed the environmental concerns of this Parcel Map; and,
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Planning Commission Resolution 2000-049
La Quinta Court - JDD, LLC
Parcel Map 29791
July 25, 2000
3. That it does recommend approval to the City Council of Parcel Map 29791 for
the reasons set forth in this Resolution and subject to the attached conditions.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta Planning Commission held on this 25th day of July, 2000, by the following
vote, to wit:
AYES: Commissioners Abels, Butler, Kirk, Tyler, and Chairman Robbins
NOES: None
ABSENT: None
ABSTAIN: None
SIEVE ROBBINS, Chairman
City of La Quinta, California
ATTEST:
JElfiRY HI)RUAN, Community Development Director
Ciyv of La Quinta, California
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PLANNING COMMISSION RESOLUTION 2000-049
CONDITIONS OF APPROVAL - ADOPTED
LA QUINTA COURT - JDD, LLC
PARCEL MAP 29791
JULY 25, 2000
GENERAL
1. Upon conditional approval by the City Council of this development application,
the City Clerk shall prepare and record, with the Riverside County Recorder, a
memorandum noting that conditions of approval for development of the property
exist and are available for review at City Hall.
2. The subdivider agrees to defend, indemnify, and hold harmless the City of La
Quinta (the "City"), its agents, officers and employees from any claim, action or
proceeding to attack, set aside, void, or annul the approval of this tentative map
or any final map thereunder. The City shall have sole discretion in selecting its
defense counsel.
The City shall promptly notify the subdivider of any claim, action or proceeding
and shall cooperate fully in the defense.
3. This tentative map and any final maps thereunder shall comply with the
requirements and standards of §§66410 through 66499.58 of the California
Government Code (the Subdivision Map Act) and Chapter 13 of the La Quinta
Municipal Code (LQMC).
4. Prior to the issuance of a grading, construction or building permit, the applicant
shall obtain permits and/or clearances from the following public agencies:
• Fire Marshal
• Public Works Department (Grading Permit, Improvement Permit)
• Community Development Department
• Riverside Co. Environmental Health Department
• Desert Sands Unified School District
• Coachella Valley Water District (CVWD)
• Imperial Irrigation District (llD)
• California Water Quality Control Board (CWQCB)
The applicant is responsible for any requirements of the permits or clearances
from those jurisdictions. If the requirements include approval of improvement
plans, applicant shall furnish proof of said approvals prior to obtaining City
approval of the plans.
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Planning Commission Resolution 2000-049 - Conditions of Approval
Specific Plan 2000-047, Parcel Map 29791, & Site Development Permit 2000-680
La Quinta Court - JDD, LLC
July 25, 2000
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 submit a copy of the CWQCB
acknowledgment of the applicant's Notice of Intent prior to issuance of a
grading or site construction permit. The applicant shall ensure that the required
Storm Water Pollution Protection Plan is available for inspection at the project
site.
5. Final maps under this tentative map shall be subject to the provisions of the
Infrastructure Fee Program and Development Impact Fee program in effect at
the time of final map approval.
PROPERTY RIGHTS
6. Prior to approval of a final map, the applicant shall acquire or confer easements
and other property rights required of the tentative map or otherwise necessary
for construction or proper functioning of the proposed development. Conferred
rights shall include irrevocable offers to dedicate or grant access easements to
the City for emergency services and for maintenance, construction, and
reconstruction of essential improvements.
7. The applicant shall dedicate or grant public and private street right of way and
utility easements in conformance with the City's General Plan, Municipal Code,
applicable specific plans, and as required by the City Engineer.
8. Right of way dedications required of this development include:
PUBLIC STREETS
A. Washington Street - additional variable width (21'-31') as required to
implement the "Ultimate Study" street alignment configuration plan dated
3/09/94. An additional variable width (0-8') shall be dedicated as
required if the left turn only lane at Simon Drive is approved.
9. Right of way geometry for knuckle turns and corner cut -backs shall conform
with Riverside County Standard Drawings #801 and #805 respectively unless
otherwise approved by the City Engineer.
10. Dedications shall include additional widths as necessary for dedicated right and
left turn lanes, bus turnouts, and other features contained in the approved
construction plans.
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Planning Commission Resolution 2000-049 - Conditions of Approval
Specific Plan 2000-047, Parcel Map 29791, & Site Development Permit 2000-680
La Quinta Court - JDD, LLC
July 25, 2000
11. If the City Engineer determines that access rights to proposed street rights of
way shown on the tentative map are necessary prior to approval of final maps
dedicating the rights of way, the applicant shall grant the necessary rights of
way within 60 days of written request by the City.
12. The applicant shall create perimeter setbacks along public rights of way as
follows (listed setback depth is the average depth if meandering wall design is
approved):
Washington Street - 20-feet.
State Highway 1 1 1 - 50-feet.
Simon Drive - 10-feet.
The setback requirement applies to all frontage including, but not limited to,
remainder parcels and sites dedicated for utility purposes.
Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks,
the applicant shall dedicate blanket easements for those purposes.
13. The applicant shall dedicate easements necessary for placement of and access
to utility lines and structures, drainage basins, mailbox clusters, park lands, and
common areas.
14. The applicant shall vacate abutter's rights of access to public streets and
properties from all frontage along the streets and properties except access
points shown on the approved tentative map and Site Development Permit.
15. The applicant shall furnish proof of easements or written permission, as
appropriate, from owners of any abutting properties on which grading, retaining
wall construction, permanent slopes, or other encroachments are to occur.
16. If the applicant proposes vacation or abandonment of any existing rights of way
or access easements which will diminish access rights to any properties owned
by others, the applicant shall provide approved alternate rights of way or access
easements to those properties or notarized letters of consent from the property
owners.
17. The applicant shall cause no easements to be granted or recorded over any
portion of this property between the date of approval of this tentative map by
the City Council and the date of recording of any final map(s) covering the same
portion of the property unless such easements are approved by the City
Engineer.
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Planning Commission Resolution 2000-049 - Conditions of Approval
Specific Plan 2000-047, Parcel Map 29791, & Site Development Permit 2000-680
La Quinta Court - JDD, LLC
July 25, 2000
FINAL MAP(S) AND PARCEL MAPS)
18. Prior to approval of a final map, the applicant shall furnish accurate AutoCad
files of the complete map, as approved by the City's map checker, on storage
media acceptable to the City Engineer. The files shall utilize standard AutoCad
menu items so they may be fully retrieved into a basic AutoCad program.
If the map was not produced in AutoCad or a file format which can be
converted to AutoCad, the City Engineer may accept raster -image files of the
map.
IMPROVEMENT PLANS
As used throughout these conditions of approval, professional titles such as
"engineer," "surveyor," and "architect" refer to persons currently certified or
licensed to practice their respective professions in the State of California.
19. Improvement plans shall be prepared by or under the direct supervision of
qualified engineers and landscape architects, as appropriate. Plans shall be
submitted on 24" x 36" media in the categories of "Rough Grading," "Precise
Grading," "Streets & Drainage," and "Landscaping." Precise grading plans shall
have signature blocks for Community Development Director and the Building
Official. All other plans shall have signature blocks for the City Engineer.
Plans are not approved for construction until they are signed.
"Streets and Drainage" plans shall normally include signals, sidewalks, bike
paths, entry drives, gates, and parking lots. "Landscaping" plans shall normally
include irrigation improvements, landscape lighting and entry monuments.
"Precise Grading" plans shall normally include perimeter walls.
Plans for improvements not listed above shall be in formats approved by the
City Engineer.
20. The City may maintain standard plans, details and/or construction notes for
elements of construction. For a fee established by City resolution, the applicant
may acquire standard plan and/or detail sheets from the City.
21. When final plans are approved by the City, the applicant shall furnish accurate
AutoCad files of the complete, approved plans on storage media acceptable to
the City Engineer. The files shall utilize standard AutoCad menu items so they
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Planning Commission Resolution 2000-049 - Conditions of Approval
Specific Plan 2000-047, Parcel Map 29791, & Site Development Permit 2000-680
La Quinta Court - JDD, LLC
July 25, 2000
may be fully retrieved into a basic AutoCad program. At the completion of
construction and prior to final acceptance of improvements, the applicant shall
update the files to reflect as -constructed conditions.
If the plans were not produced in AutoCad or a file format which can be
converted to AutoCad, the City Engineer may accept raster -image files of the
plans.
IMPROVEMENT AGREEMENT
22. Depending on the timing of development of the lots or parcels created by this
map and the status of off -site improvements at that time, the subdivider may
be required to construct improvements, to construct additional improvements
subject to reimbursement by others, to reimburse others who construct
improvements that are obligations of this map, to secure the cost of the
improvements for future construction by others, or a combination of these
methods.
In the event that any of the improvements required herein are constructed by
the City, the Applicant shall, at the time of approval of a map or other
development or building permit, reimburse the City for the cost of those
improvements.
23. The applicant shall construct improvements and/or satisfy obligations, or furnish
an executed, secured agreement to construct improvements and/or satisfy
obligations required by the City prior to approval of a final map or parcel map
or issuance of a certificate of compliance for a waived parcel map. For secured
agreements, security provided, and the release thereof, shall conform with
Chapter 13, LQMC.
Improvements to be made or agreed to shall include removal of any existing
structures or obstructions which are not part of the proposed improvements..
24. If improvements are secured, the applicant shall provide estimates of
improvement costs for checking and approval by the City Engineer. Estimates
shall comply with the schedule of unit costs adopted by City resolution or
ordinance. For items not listed in the City's schedule, estimates shall meet the
approval of the City Engineer.
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Planning Commission Resolution 2000-049 - Conditions of Approval
Specific Plan 2000-047, Parcel Map 29791, & Site Development Permit 2000-680
La Quinta Court - JDD, LLC
July 25, 2000
25. Estimates for improvements under the jurisdiction of other agencies shall be
approved by those agencies. Security is not required for telephone, gas, or T.V.
cable improvements. However, development -wide improvements shall not be
agendized for final acceptance until the City receives confirmation from the
telephone authority that the applicant has met all requirements for telephone
service to lots within the development.
26. If improvements are phased with multiple final maps or other administrative
approvals (e.g., Site Development Permits), off -site improvements and common
improvements (e.g., retention basins, perimeter walls & landscaping, gates) shall
be constructed or secured prior to approval of the first phase unless otherwise
approved by the City Engineer. Improvements and obligations required of each
phase shall be completed and satisfied prior to occupancy of permanent
buildings within the phase and subsequent phases unless a construction phasing
plan is approved by the City Engineer.
27. If the applicant fails to construct improvements or satisfy obligations in a timely
manner or as specified in an approved phasing plan or in an improvement
agreement, the City shall have the right to halt issuance of building permits or
final building inspections, withhold other approvals related to the development
of the project or call upon the surety to complete the improvements.
GRADING
28. Prior to issuance of a grading permit, the applicant shall furnish a preliminary
geotechnical ("soils") report and an approved grading plan prepared by a
qualified engineer. The grading plan shall conform with the recommendations
of the soils report and be certified as adequate by a soils engineer or engineering
geologist.
A statement shall appear on final maps (if any are required of this development)
that a soils report has been prepared pursuant to Section 17953 of the Health
and Safety Code.
29. 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.
30. Prior to occupation of the project site for construction purposes, the applicant
shall submit and receive approval of a Fugitive Dust Control plan prepared in
accordance with Chapter 6.16, LQMC. The applicant shall furnish security, in
a form acceptable to the city, in an amount sufficient to guarantee compliance
with the provisions of the permit.
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Planning Commission Resolution 2000-049 - Conditions of Approval
Specific Plan 2000-047, Parcel Map 29791, & Site Development Permit 2000-680
La Quinta Court - JDD, LLC
July 25, 2000
31. The applicant shall maintain graded, undeveloped land to prevent wind and
water erosion of soils. The land shall be planted with interim landscaping or
provided with other erosion control measures approved by the Community
Development and Public Works Departments.
32. Prior to issuance of any improvement after rough grading is complete, the
applicant shall provide building pad certifications stamped and signed by
qualified engineers or surveyors. For each pad, the certification shall list the
approved elevation, the actual elevation, the difference between the two, if any,
and pad compaction. The data shall be organized by lot number and listed
cumulatively if submitted at different times.
DRAINAGE
The applicant shall comply with the provisions of Engineering Bulletin No. 97.03 and
the following:
33. Stormwater falling on site during the peak 24-hour period of a 100-year storm
(the design storm) shall be handled as follows:
A. The tributary drainage area shall extend to the centerline of adjacent
public streets.
B. Developer shall discharge storm water from on -site, and off -site tributary
area assigned to the development site, into existing storm drain located
in Washington Street. Developer shall pay a prorated share of cost to
design and install the storm drain. The prorated share shall be calculated
on the basis of tributary area contributed by the subject development
relative to the tributary area served by the storm drain.
C. The applicant shall indemnify the City from the costs of any sampling and
testing of the development's drainage discharge into the Coachella Valley
Stormwater Channel which may be required under the City's NPDES
Permit or other City- or area -wide pollution prevention program, and for
any other obligations and/or expenses which may arise from such
discharge. The indemnification shall be executed and furnished to the
City prior to issuance of any grading, construction or building permit and
shall be binding on all heirs, executors, administrators, assigns, and
successors in interest in the land within this tentative map excepting
therefrom those portions required to be dedicated or deeded for public
use. The form of the indemnification shall be acceptable to the City
Attorney.
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Planning Commission Resolution 2000-049 - Conditions of Approval
Specific Plan 2000-047, Parcel Map 29791, & Site Development Permit 2000-680
La Quinta Court - JDD, LLC
July 25, 2000
UTILITIES
34. The applicant shall obtain the approval of the City Engineer for the location of
all utility lines within the right of way and all above -ground utility structures
including, but not limited to, traffic signal cabinets, electrical vaults, water
valves, and telephone stands, to ensure optimum placement for practical and
aesthetic purposes.
35. Existing aerial lines within or adjacent to the proposed development and all
proposed utilities shall be installed underground. Power lines exceeding 34.5
kv are exempt from this requirement.
36. Utilities shall be installed prior to overlying hardscape. For installation of utilities
in existing, improved streets, the applicant shall comply with trench restoration
requirements maintained or required by the City Engineer. The applicant shall
provide certified reports of trench compaction for approval of the City Engineer.
STREET AND TRAFFIC IMPROVEMENTS
37. The applicant shall install the following street improvements to conform with
the General Plan street type noted in parentheses. (Public street improvements
shall conform with the City's General Plan in effect at the time of construction.)
OFF -SITE STREETS
Washington Street - Widen and reconstruct street to implement "Ultimate
Study" street alignment configuration plan dated 3/09/94. Reconstruction shall
include removal and reconstruction of: landscaped median island; existing
pavement as needed east of the west AC curb of the existing median; curb,
gutter and 8-foot wide meandering sidewalk; and traffic signal and striping
modifications and revisions as needed to implement the new street
configuration.
Entry drives, main interior circulation routes, turn knuckles, corner cutbacks, bus
turnouts, dedicated turn lanes, and other features contained in the approved
construction plans may warrant additional street widths as determined by the
City Engineer.
Improvements shall include appurtenances such as traffic control signs,
markings and other devices, raised medians if required, street name signs, and
sidewalks.
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Planning Commission Resolution 2000-049 - Conditions of Approval
Specific Plan 2000-047, Parcel Map 29791, & Site Development Permit 2000-680
La Quinta Court - JDD, LLC
July 25, 2000
38. The applicant may be required to extend improvements beyond development
boundaries to ensure they safely integrate with existing improvements (e.g.,
grading; traffic control devices and transitions in alignment, elevation or
dimensions of streets and sidewalks).
39. Improvements shall be designed and constructed in accordance with the LQMC,
adopted standards, supplemental drawings and specifications, and as approved
by the City Engineer. Improvement plans for streets, access gates and parking
areas shall be stamped and signed by qualified engineers.
40. Streets shall have vertical curbs or other approved curb configurations which
convey water without ponding and provide lateral containment of dust and
residue for street sweeping. If a wedge or rolled curb design is approved, the
lip at the flowline shall be vertical (1 /8" batter) and a minimum of 0.1' in height.
Unused curb cuts on any lot shall be restored to normal curbing prior to final
inspection of permanent building(s) on the lot.
41. Parking lot design shall conform with the City's Off -Street Parking Ordinance as
delineated in Chapter 9.15 of the LQMC.
42. 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.
43. The City will conduct final inspections of buildings only when the on -site
parking lot improvements are completed.
44. General access points and turning movements of traffic are limited to the
following:
A. Washington Street and on -site driveway shall be limited to right -turn
movements only.
B. Washington Street and Simon Drive shall be limited to right -turn
movements only along with eastbound access to Simon Drive from
southbound Washington Street. No access from westbound Simon Drive
to southbound Washington Street will be allowed.
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Planning Commission Resolution 2000-049 - Conditions of Approval
Specific Plan 2000-047, Parcel Map 29791, & Site Development Permit 2000-680
La Quinta Court - JDD, LLC
July 25, 2000
C. Simon Drive and on -site driveway will allow full turning movements.
D. Highway 111 and on -site driveway shall be limited to right -turn
movements only.
LANDSCAPING
45. The applicant shall provide landscaping in required setbacks and common lots.
46. Landscape and irrigation plans for landscaped lots and setbacks, medians,
retention basins, and parks shall be signed and stamped by a licensed landscape
architect.
The applicant shall submit plans for approval by the Community Development
Department prior to plan checking by the Public Works Department. When plan
checking is complete, the applicant shall obtain the signatures of CVWD and the
Riverside County Agricultural Commissioner prior to submitting for signature by
the City Engineer. Plans are not approved for construction until signed by the
City Engineer.
47. Landscape areas shall have permanent irrigation improvements meeting the
requirements of the City Engineer. Use of lawn shall be minimized with no lawn
or spray irrigation within 18 inches of curbs along public streets.
48. An 8-foot sidewalk shall be constructed along Washington Street, and along
Highway 111. The sidewalk shall meander within the Right -of -Way and
setback.
PUBLIC SERVICES
49. The applicant shall provide public transit improvements as required by CalTrans
and Sunline Transit and approved by the City Engineer. Improvements shall
include a bus turnout location and passenger waiting shelter along Highway
111. The shelter shall be the City adopted standard for Highway 111.
QUALITY ASSURANCE
50. The applicant shall employ construction quality -assurance measures which meet
the approval of the City Engineer.
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Planning Commission Resolution 2000-049 - Conditions of Approval
Specific Plan 2000-047, Parcel Map 29791, & Site Development Permit 2000-680
La Quinta Court - JDD, LLC
July 25, 2000
51. The applicant shall employ or retain qualified civil engineers, geotechnical
engineers, surveyors, or other appropriate professionals to provide sufficient
construction supervision to be able to furnish and sign accurate record
drawings.
52. The applicant shall arrange and bear the cost of measurement, sampling and
testing procedures not included in the City's inspection program but required by
the City as evidence that construction materials and methods comply with
plans, specifications and applicable regulations.
53. Upon completion of construction, the applicant shall furnish the City
reproducible record drawings of all improvement plans which were signed by the
City. Each sheet shall be clearly marked "Record Drawings," "As -Built" or "As -
Constructed" and shall be stamped and signed by the engineer or surveyor
certifying to the accuracy of the drawings. The applicant shall revise the CAD
or raster -image files previously submitted to the City to reflect as -constructed
conditions.
MAINTENANCE
54. The applicant shall make provisions for continuous, perpetual maintenance of
all on -site improvements, perimeter landscaping, access drives, and sidewalks.
The applicant shall maintain required public improvements until expressly
released from this responsibility by the appropriate public agency.
FEES AND DEPOSITS
55. The applicant shall pay the City's established fees for plan checking and
construction inspection. Fee amounts shall be those in effect when the
applicant makes application for plan checking and permits.
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