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PCRES 2008-004PLANNING COMMISSION RESOLUTION 2008-004 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE. CITY COUNCIL APPROVAL OF THE SUBDIVISION OF A 42-ACRE PARCEL INTO A 290-UNIT RESIDENTIAL CONDOMINIUM SITE FOR THE PROPERTY LOCATED WITHIN THE PGA WEST DEVELOPMENT, BOUNDED ON THE NORTH AND EAST BY THE PGA WEST STADIUM COURSE AND CLUBHOUSE, AND ON THE SOUTH AND WEST BY PGA BOULEVARD CASE NO.: TENTATIVE TRACT MAP 33226 APPLICANT: PACIFIC SANTA FE CORPORATION WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 8t' day of January, 2008, hold a duly -noticed Public Hearing to consider a recommendation to the City Council for the approval of a Tentative Tract Map to allow the subdivision of a 42-acre parcel into a 290-unit residential condominium project, including a guard gatehouse and recreation complex, on ±42 acres, located within the PGA West development, bounded on the north and east by the PGA West Stadium Course and clubhouse, and on the south and west by PGA Boulevard, more particularly described as: LOT K AND PORTION OF LOT 1, TR 29421; PORTION OF PARCEL 7, PARCEL MAP 20426 WHEREAS, said Amendment have been filed concurrently with a General Plan Amendment, Zone Change, Specific Plan Amendment, Site Development Permit and a Development Agreement and in whole represents the development permit application for the project as contemplated; and, WHEREAS, the Department has prepared a Draft Subsequent Environmental Impact Report ("Draft SEIR"), State Clearinghouse #2007061056) in compliance with the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended. The Draft SEIR was presented to the La Quinta Planning Commission, which reviewed and considered the information contained in the Draft SEIR prior to its recommendations to the City Council on the project applications; and WHEREAS, the Planning Department did publish a public hearing notice in the Desert Sun newspaper, on the 15" day of December, 2007, as prescribed by the Municipal Code, with public hearing notices mailed to all property Planning Commission Resolution 2008-004 Tentative Tract Map 33226 Eden Rock at PGA West - Pacific Santa Fe Corporation January 8, 2008 owners within 500 feet of the property in question, as well as to all other property owners within the boundaries of the PGA West Specific plan area; and, WHEREAS, the Historic Preservation Commission, at their meeting held on the 18th, day of May, 2006, reviewed the archaeological and paleontological resources surveys associated with the applications, and adopted Minute Motions 2006-006 and 2006-007 respectively, recommending approval of these surveys to the Planning Commission, subject to staff -recommended conditions; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, the Planning Commission did make the following mandatory findings to justify a recommendation of approval of the Tentative Tract Map: 1. Tentative Tract Map 33226 is consistent with the La Quinta General Plan, and Specific Plan 83-002, Amendment No. 6, as proposed. The Tentative Tract Map is consistent with the Resort Mixed Use (RMU) land use designation as set forth in the General Plan, as amended by General Plan Amendment 2006-107, and is consistent with the Resort Mixed Use land use designation as set forth in Specific Plan 83-002, Amendment No. 6, as proposed. Tentative Tract Map 32266 subdivides the 42-acre site into residential condominium sites. The RMU designation permits mixed -use developments that include single- and multi -family residential, and condominium development. 2. The design and improvement of Tentative Tract Map 33226 are consistent with the La Quinta General Plan, and Specific Plan 83-002, Amendment No. 6, with the implementation of recommended conditions of approval to ensure proper street widths, perimeter walls, and timing of their construction, as well as adequate storm water drainage, street and other infrastructure improvements. The Draft SEIR requires specific off -site improvements to mitigate traffic -related impacts from this project. These improvements have been incorporated into the approval conditions for the Project, and identified in the Draft SEIR. The project density is consistent with the La Quinta General Plan and the PGA West Specific Plan, as amended, in that the development density of 6.93 units per acre is comparable to existing residential development within PGA West, which, when based on net density, ranges approximately between four to seven units per acre throughout several areas of the PGA West Specific Plan. Planning Commission Resolution 2008-004 Tentative Tract Map 33226 Eden Rock at PGA West - Pacific Santa Fe Corporation January 8, 2008 3. The design of Tentative Tract Map 33226 and proposed improvements are not likely to cause substantial environmental damage, nor substantially and avoidably injure fish or wildlife or their habitat. No significant biological resources have been identified to exist on the site. The Project site does not contain and is not proximate to any wetland, blue -line stream, marsh, vernal pool or other wildlife habit. The Project will not routinely use or transport any hazardous material(s), nor are there any hazardous materials identified to exist on the Project site. The Subsequent EIR prepared for the Project, which includes Tentative Tract Map 32266, determined that there are no significant impacts to air or water quality, biological or cultural resources, geology and soils which can not be mitigated to less than significant levels, with incorporation of recommended mitigation measures into the Project, which has been required. 4. The design of Tentative Tract Map 33226 and type of improvements are not likely to cause serious public health problems, in that this issue was considered and addressed in the Subsequent EIR prepared for the Project. The Project will not routinely use or transport any hazardous material(s), nor are there any hazardous materials identified to exist on the Project site. The Subsequent EIR prepared for the Project, which includes Tentative Tract Map 32266, determined that there are no significant impacts to air or water quality, geology soils, or other significant health or safety -related impacts which can not be mitigated to less than significant levels, with incorporation of recommended mitigation measures into the Project, which has been required. 5. The design and improvements required for Tentative Tract Map 33226 will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. There is an existing portion of an easement for Avenue 56, and several utility easements that exist on the property. These easements will be relocated, retained or abandoned as appropriate in order to maintain public access as determined to be necessary in context with the Project and surrounding existing development. The project is surrounded by improved land which is not under control of the applicant, and which, as part of its development, has previously obtained any necessary means of access. All necessary right-of- way for construction of off -site improvements associated with this parcel will be provided as required under the La Quinta General Plan and the approval conditions of this Project. Planning Commission Resolution 2008-004 Tentative Tract Map 33226 Eden Rock at PGA West - Pacific Santa Fe Corporation January 8, 2008 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 recommend to the City Council approval of Tentative Tract Map 33226, as referenced in the title of this Resolution, for the reasons set forth in this Resolution, and subject to the Conditions of Approval as attached. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta Planning Commission, held on this the 81" day of January, 2008, by the following vote, to wit: AYES: Commissioners Quill, Wilkinson, and Chairman Alderson NOES: Commissioner Barrows ABSENT: Commissioner Engle ABSTAIN: None ED ALDMSON, Chairman City of La Quinta, California ATTEST: JOI WION, Planning Director of La Quinta, California PLANNING COMMISSION RESOLUTION 2008-004 EXHIBIT"A" CONDITIONS OF APPROVAL — ADOPTED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC JANUARY 8, 2008 January 8, 2008 revisions in legislative format GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Tract Map, or any Final Map recorded there under. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Tentative Tract Map shall expire two years after City Council approval, unless recorded or granted a time extension pursuant to Title 13 of the La Quinta Municipal Code (§13.12.160; Extensions of Time for Tentative Maps). 3. This Tentative Tract Map, and any Final Map recorded there under, shall comply with the requirements and standards of Government Code §§ 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-guinta.org. 4. Tentative Tract 33226 shall comply with all applicable terms, conditions and/or mitigation measures for the following related approvals: Subsequent EIR; SCH #2007061056 Specific Plan 83-002, Amendment #6 Site Development Permit 2006-852 Development Agreement 2006-011 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Planning Director shall determine precedence. 5. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: Fire Marshal Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Improvement Permit Planning Department • Riverside County Environmental Health Department • Coachella Valley Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency • South Coast Air Quality Management District (SCAQMD) The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. A project -specific NPDES construction permit must be obtained by the applicant; and who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NO]"), prior to the issuance of a grading or site construction permit by the City. 6. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permittee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at,www.cabmohandbooks com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. 7. Approval of this Tentative Tract Map shall not be construed as approval for any horizontal dimensions implied by any site plans or exhibits unless specifically identified in the following conditions of approval. PROPERTY RIGHTS 8. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 9. The applicant shall retain for private use on the Final Map all private street rights -of - way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 10. The private street rights -of -way to be retained for private use required for this development include: A. PRIVATE STREETS (OFF -SITE) 1) PGA Boulevard (Arterial, 11 0'and 120' ROW) — No additional private street dedication is required. B. PRIVATE STREETS (ON -SITE) 1) Street'A' and 'B' - Private Residential Streets measured at gutter flow line to gutter flow line shall have a 32 feet travel width with parking restricted to one side, and provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Planning Department prior to recordation. 2) Street'C' — Entry Driveway as shown on the approved Tentative Tract Map and as per these conditions of approval. 3) Street'D' - Private Residential Streets measured at gutter flow line to gutter flow line shall have a 36-foot travel width where double loaded. The travel width may be reduced to 32 feet with parking restricted to one side, and 28 feet if on -street parking is prohibited, and provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Engineering Department prior to recordation. 4) Street'E', 'F', 'G', 'H' and T - Private Residential Streets measured at gutter flow line to gutter flow line shall have a 36-foot travel width where double loaded. The travel width may be reduced to 32 feet with parking restricted to one side, and 28 feet if on -street parking is prohibited, and provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Engineering Department prior to recordation. C. Emergency Turn Around for Street'E', 'F', 'G', and 'H'. 1) The turn around shall conform to the shape shown on the tentative tract map except for minor revisions as may be required by the City Engineer and/or The Riverside County Fire Department. The proposed handle bar design utilizing the street and Village Home Driveway shall be approved by the Riverside County Fire Department. D. Common Driveway (Village Homes) — Private Residential Common Driveways to be a minimum of 24 feet travel width and as shown on the approved Tentative Tract Map. Additional width and turning radius may be required by the Public Works Department and Riverside Fire Department in the plan check process and as approved by the City Engineer and Fire Marshal. E. Common Driveway (Courtyard Homes) — Private Residential Common Driveways to be a minimum of 23 feet of travel width and as shown on the approved Tentative Tract Map. Additional width and turning radius may be required by the Public Works Department and Riverside Fire Department in the plan check process and as approved by the City Engineer and Fire Marshal. Curve radii for curbs at all street intersections shall not be less than 25 feet. Additionally, the inside curb radius shall be a minimum of 35 feet where road alignments are greater than 90 degrees or as approved by the City Engineer. 11. 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. 12. When the City Engineer determines that access rights to the proposed street rights - of -way shown on the approved Tentative Tract Map are necessary prior to approval of the Final Map dedicating such rights -of -way, the applicant shall grant the necessary rights -of -way within 60 days of a written request by the City. 13. The applicant shall offer for dedication on the Final Map a ten -foot wide public utility easement contiguous with, and along both sides of all private streets. Such easement may be reduced to five feet in width with the express written approval of IID. The listed setback depth shall be the average depth where a meandering wall design is approved. The setback requirements shall apply to all frontages 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 offer for dedication blanket easements for those purposes on the Final Map. 14. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. 15. Direct vehicular access to PGA Boulevard from lots with frontage along PGA Boulevard is restricted, except for those access points identified on the tentative tract map, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final tract map. 16. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 17. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. 18. The applicant shall be responsible for the vacation and granting of easements for existing easements over the proposed tentative tract map that may be affected by proposed improvements. Pursuant to this condition, the applicant shall apply forthe street vacation of Airport Drive and provide all applicable exhibits and legal descriptions and perform all necessary abandonments or relocation of easements and or facilities as required by all affected utility purveyors over the Airport Drive right of way within 45 days of City Council approval of this tentative tract map. STREET AND TRAFFIC IMPROVEMENTS 19. The applicant shall comply with the provisions of Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties And Development), LQMC for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 20. The applicant shall construct the following street improvements to conform to the General Plan (street type noted in parentheses.) A. OFF -SITE PRIVATE STREETS 1) PGA Boulevard (Arterial, 120' ROW) — No additional private street widening is required. 2) Other required improvements in the PGA Boulevard private street right-of-way and/or adjacent landscape setback area include: a) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. The applicant shall reconstruct all curb and gutter at existing intersections that do not provide access to the tentative tract as required by the City Engineer. b) 8-foot wide meandering sidewalk/Class I Golf Cart Path as shown on the approved tentative tract map from the northerly property line to the proposed primary entry. c) Reconstruct the existing 22-foot wide raised landscaped median as needed to accommodate full movements at the entry. Additionally, the applicant shall provide adequate length of left turn deceleration lane with in the median as determined by a California Licensed Traffic Engineer and as approved by the City Engineer. d) Reconstruct and remove existing pavement, curb and gutter, and curb returns previously constructed and not required for. access to the tentative tract. The locations are, at a minimum, across Jack Nicklaus and across the existing clubhouse entrance at the north end of the tentative tract map. The applicant shall extend improvements beyond the subdivision 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). B. REQUIRED PROJECT FAIR -SHARE IMPROVEMENTS (OFF -SITE PUBLIC STREETS PER RK Engineering Group, Inc. Traffic Impact Study) 1) Madison Street at Avenue 54. The applicant shall design and install the traffic signal at the Madison Street/Avenue 54 intersection. Applicant shall enter into a SIA to post security for 100 % of the cost to design and install the traffic signal prior to issuance of an on -site grading permit; the security shall remain in full force and effect until the signal is actually installed by the applicant. The applicant shall pay into the Development Impact Fee (DIF) Study applicable at time of building permit issuance to install the traffic signal with an eastbound right turn overlap phase on Avenue 54. Additionally, the applicant shall install appurtenances to provide hard wire interconnection with the Jefferson Street at Avenue 54 traffic signal to include conduit and pull boxes as well as any required preemption equipment and appurtenances required by the Fire Station at the corner of Avenue 54 and Madison Street. The applicant shall have executed a DIF Agreement with the City of La Quinta within 60 days after entitlement. 2) Jefferson Street at Avenue 54. b. The applicant shall design and install the traffic signal at the Jefferson Street/Avenue 54 intersection. Applicant shall enter into a SIA to post security for 100 % of the cost to design and install the traffic signal prior to issuance of an on -site grading permit; the security shall remain in full force and effect until the signal is actually installed by the applicant. The applicant shall pay into the Development Impact Fee (DIF) Study applicable at time of building permit issuance to install the traffic signal with an eastbound right turn overlap phase on Avenue 54. Additionally, the applicant shall install appurtenances to provide hard wire interconnection with the Madison Street at Avenue 54 traffic signal to include conduit, interconnect cable and pull boxes. The applicant shall have executed a DIF Agreement with the City of La Quinta within 60 days after entitlement. C. FUTURE PROJECT FAIR -SHARE IMPROVEMENTS (OFF -SITE PUBLIC STREETS PER RK Engineering Group, Inc. Traffic Impact Study) 1) Washington Street at Avenue 50. a) The applicant shall pay his fair -share for improvements to install a second southbound left turn lane, a second eastbound left turn lane, a second west bound through lane, and a westbound right turn overlap phase. The amount of the applicant's fair share for the above mentioned improvements shall be as approved by the City Engineer and the applicant's contribution is as enumerated in the approved Draft Subsequent EIR under Section 1.1.0 Transportation, Traffic, Parking and Circulation. 2) Jefferson Street at Avenue 50. a) The applicant shall pay his fair -share for improvements to install a second southbound left turn lane, a second eastbound left turn lane, and a second westbound through lane. The amount of the applicant's fair share for the above mentioned improvements shall be as approved by the City Engineer and the applicant's contribution is as enumerated in the approved Draft Subsequent EIR under Section 11.0 Transportation, Traffic, Parking and Circulation. D. PRIVATE STREETS 1) Street'A' and 'B'- Private Residential Streets measured at gutter flow line to gutter flow line shall have a 32 feet travel width with parking restricted to one side, and provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed bythe Planning Department prior to recordation. 2) Street 'C' — Entry Driveway as shown on the approved Tentative Tract Map and as per these conditions of approval. 3) Street 'D' - Private Residential Street measured at gutter flow line to gutter flow line shall have a 36-foot travel width where double loaded. The applicant shall establish provisions for ongoing enforcement of the parking restriction in the CC&R's, which shall be reviewed by the Engineering Department prior to recordation. 4) Street'E', 'F', 'G', 'H' and 'I' - Private Residential Streets measured at gutter flow line to gutter flow line shall have a 28-foot travel width with on -street parking prohibited, provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Engineering Department prior to recordation. D. Common Driveway (Village Homes) — Private Residential Common Driveways to be a minimum of 24 feet travel width and as shown on the approved Tentative Tract Map. Additional width and turning radius may be required by the Public Works Department and Riverside Fire Department in the plan check process and as approved by the City Engineer and Fire Marshal. E. Common Driveway (Courtyard Homes) — Private Residential Common Driveways to be a minimum of 23 feet of travel width and as shown on the approved Tentative Tract Map. Additional width and turning radius may be required by the Public Works Department and Riverside Fire Department in the plan check process and as approved by the City Engineer and Fire Marshal. F. Emergency Turn Around for Street 'E', 'F', 'G', and 'H' 1) The turn around shall conform to the shape shown on the tentative tract map except for revisions as may be required by the City Engineer and/or The Riverside County Fire Department. The proposed handle bar design utilizing the street and Village Home Driveway shall be approved by the Riverside County Fire Department. 21. All gated entries shall provide for a three -car minimum stacking capacity for inbound traffic to be a minimum length of 62 feet from call box to the street; and shall provide for a full turn -around outlet for non -accepted vehicles. Where a gated entry is proposed, the applicant shall submit a detailed exhibit at a scale of V =10', demonstrating that those passenger vehicles that do not gain entry into the development can safely make a full turn -around (minimum radius to be 24 feet) out onto the main streetfrom the gated entry. Pursuant to said condition, there shall be a minimum of twenty five feet width provided at the turn -around opening provided. Two lanes of traffic shall be provided on the entry side of each gated entry, one lane shall be dedicated for residents and one lane for visitors. The two travel lanes shall be a minimum of 20 feet of total paved roadway surface or as approved by the Riverside County Fire Department. Entry drives, main interior circulation routes, standard knuckles, corner cutbacks, bus turnouts, dedicated turn lanes and other features shown on the approved construction plans, may require additional street widths as may be determined by the City Engineer. 22. As the Primary Entry Gate cannot accommodate a 45-foot truck turning radius and maneuvering to provide access for large moving vans to make right turns (WB-62 Interstate Semi Trailer) onto Street "A" from the entry and left turn movements from Street "A" exiting out the Primary Entry Gate, the applicant shall establish provisions in the CC&R's for the gate attendant to direct vehicles to the left along Street "B" and exiting through the secondary entry. Additionally, as theinternal streets configuration: limits large moving van (WB-62) turning movements, the applicant shall also establish a provision in the CC&R's to advise prospective owners of said limitation. The CC&R's shall be reviewed and approved by the Planning and Public Works Departments prior to recordation. 23. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Residential 3.0" a.c./4.5" c.a.b. PGA Boulevard 4.5" a.c./6.0" c.a.b. Or the approved equivalents of alternate materials. 24. 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. 25. General access points and turning movements of traffic are limited to the following: A. Primary Entry (PGA Boulevard): Full turn movements are permitted except as conditioned above for large moving van movements (WB-62). B. Secondary Entry (PGA Boulevard): Right turn in and out is permitted at the existing Roundabout. Left turn in and out is prohibited due to the roundabout design concept in place. 23. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. Mid -block street lighting is not required. 24. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. FINAL MAP 25. Prior to the City's approval of a Final Map, the applicant shall furnish mylars of the Final Map that were approved by the City's map checker on a storage media acceptable to the City Engineer. The Final Map shall be of a 1" = 40' scale. 26. The applicant shall abandon or relocate existing easements over the tentative tract map prior to recordation of the Final Map as required by the agency and/or individual favored and as approved by the City Engineer. Additionally, the applicant shall relocate existing utility facilities that are required by all utility purveyors prior to issuance of the first building permit or as approved by the City Engineer. 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. 27. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of Section 13.24.040 (Improvement Plans), LQMC. 28. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Rough Grading Plan 1" = 40' Horizontal 6, PM10 Plan 1" = 40' Horizontal C. SWPPP 1" = 40' Horizontal NOTE: A through C to be submitted concurrently. D. On -Site Precise Grading Plan (Multi -Tenant) 1" = 30' Horizontal E. Off -Site Private Street Improvement/Storm Drain Plan 1" = 40' Horizontal, V = 4' Vertical F. Off -Site Private Street Signing & Striping Plan V = 40' Horizontal The Off -Site street improvement plans shall have separate plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, mounding, and berming design in the combined parkway and landscape setback area. G. On -Site Street Improvements/Signing & Striping/Storm Drain Plan 1" = 40' Horizontal, 1 "= 4' Vertical H. Off -Site Public Street Traffic Signal Plan 1" = 20' Horizontal NOTE: D through H to be submitted concurrently Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All Off -Site Plan & Profile Street Plans and Signing & Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. All On -Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 2001 California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted to the Engineering Department in conjunction with the Site Development Plan when it is submitted for plan checking. In addition to the normal set of improvement plans, an "On -Site Precise Grading" plan is required to be submitted for approval by the Building Official and the City Engineer. "On -Site Precise Grading" plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and ADA requirements. "Street Parking" plan shall include appropriate signage to implement the "No Parking" concept, or alternatively an on -street parking policy shall be included in the CC & R's subject to City Engineer's Approval. The parking plan or CC & R's shall be submitted concurrently with the Street Improvement Plans. 29. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the Online Engineering Library at the City website (www.la-ouinta.orq). Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. 30. The applicant shall furnish a complete set of the mylars of all approved improvement plans on a storage media acceptable to the City Engineer. 31. Upon completion of construction, and prior to final acceptance of the improvements by the City, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing," "As -Built' or "As -Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all approved mylars previously submitted to the City, revised to reflect the as -built conditions. The applicant shall employ or retain the Engineer Of Record during the construction phase of the project so that the EOR. can make site visits in support of preparing As Built drawings. However, if subsequent approved revisions have been approved by the City Engineer and reflect said "As -Built" conditions, the Engineer Of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. IMPROVEMENT SECURITY AGREEMENTS 32. Prior to approval of any Final Map, the applicant shall construct all on and off -site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement ("SIX) guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 33. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Tract Map, shall comply with the provisions of Chapter 13,28 (Improvement Security), LQMC. 34. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. When improvements are phased through a "Phasing Plan," or an administrative approval (e.g., Site Development Permits), all off -site improvements and common on -site improvements (e.g., backbone utilities, retention basins, perimeter walls, landscaping and gates) shall be constructed, or secured through a SIA, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer. Improvements and obligations required of each subsequent phase shall either be completed, or secured through a SIA, prior to the completion of homes or the occupancy of permanent buildings within such latter phase, or as otherwise approved by the City Engineer. In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 35. Depending on the timing of the development of this Tentative Tract Map, and the status of the off -site improvements at the time, the applicant may be required to: A. Construct certain off -site improvements. B. Construct additional off -site improvements, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this tentative tract map. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these means, as the City may require. Off -Site Improvements should be completed on a first priority basis. The applicant shall complete Off -Site Improvements in the first Rhase of construction or by the issuance of the 20% Building Permit or the 24 Building Permit. Per the RK Engineering Traffic Impact Study dated October 30, 2007, the traffic signals at the Jefferson Street/Avenue 54 and Madison Street Avenue 54 intersections shall be operational before the project opening date or as required by the City Engineer. 36. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on -site and off -site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule adopted by City resolution, or ordinance. For items not listed in the City's unit cost schedule, the proposed unit costs shall be approved by the City Engineer. At the time the applicant submits its detailed construction cost estimates for conditional approval of the Final Map by the City Council, the applicant shall also submit one copy each of an 8-1/2" x 11" reduction of each page of the Final Map, along with a copy of an 8-1/2" x 11" Vicinity Map. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. GRADING 37. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 38. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 39. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer, B. A preliminary geotechnical ("soils') report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC, and D. A Best Management Practices report prepared in accordance with Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), LQMC. In conjunction with submittal of grading plans, the required geotechnical investigation shall include an analysis of the liquefaction potential on the site, and shall propose remediation, if necessary. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. The Preliminary Soils Report shall check for subsidence and hydrological collapse of existing as well as proposed construction as approved during the plan check process. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 40. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 41. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform to pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 42. Building pad elevations of perimeter lots shall not differ by more that one foot higher from the building pads in adjacent developments. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. uirector. i nese pad elevations shall be lowered to the greatest feasible extent minimized to the greatest degree possible between the Manor and Village unit lots as approved by the City Engineer and Planning Director. 45. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor with applicable compaction tests and over excavation documentation. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. 46. Within 30 days of the initiation of any ground disturbing activity on the project site, the project proponent shall cause a protocol -compliant burrowing owl survey to be completed, submitted to the Planning Department, and approved. Should the species be identified on the site, the biologist's recommendations for relocation shall be implemented prior to the issuance of any ground disturbance permit. DRAINAGE 47. Stormwater handling shall conform to the approved hydrology and drainage report for PGA West Development and as modified for this Tentative Tract Map. 48. Nuisance water shall be retained on site. Nuisance water shall be disposed of per approved methods contained in Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. 49. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 50. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. UTILITIES 51. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 52. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 53. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 54. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. CONSTRUCTION 55. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to private (Off -Site) streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first LANDSCAPE AND IRRIGATION 56. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 57. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 58. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 59. Final landscaping and irrigation plans shall be prepared by a licensed professional landscape architect, shall be reviewed by the Architecture and Landscaping Review Committee, the Planning Commission, and approved by the Planning Director prior to issuance of the first building permit. All landscape plans shall be drafted in coordination with the preliminary grading plans. An application for Final Landscape Plan Check shall be submitted to the Planning Department for final landscape plan review, along with the appropriate fee. Said plans shall include all landscaping associated with this project, including perimeter landscaping, and be in compliance with Chapter 8.13 (Water Efficient Landscaping) of the Municipal Code, as in effect at time of plan submittal. The landscape and irrigation plans shall be approved by the Coachella Valley Water District and Riverside County Agriculture Commissioner prior to submittal of the final plans to the Planning Department. NOTE: Plans are not approved for construction until signed by the Planning Director 60, Landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Director and the Coachella Valley Water District. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 24 inches of curbs along public streets. 61. Enhanced landscaping shall be provided along the north project boundary, for purposes of screening views of the Manor units from surrounding residential views toward those units. 62. Proposed landscape palettes for all landscape components of the project shall be consistent with the master palette included in Specific Plan 83-002, Amendment#6, and shall not include tree species which can generate excessive green waste, such as Bottle Trees, Crape Myrtle, Jacaranda, etc. as appropriate. 63. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the AASHTO "A Policy on Geometric Design of Highways and Streets, 51n Edition or latest, in the design and/or installation of all landscaping and appurtenances abutting and within the private street right-of-way. 64. The final landscape plans shall reflect a significant effort to reduce the use of turf areas in all landscaping, common and private. Specifically, plans shall minimize or eliminate all turf areas adjacent to sidewalks and roadways. PUBLIC SERVICES 65. The applicant shall provide any public transit improvements as may be required by SunLine Transit Agency and approved by the City Engineer. At this time, SunLine has not requested any such improvements; however, should such a request be made in the future, depending on project phasing and completion, the applicant may be required to provide certain said improvements. 66. For residential areas, approved standard fire hydrants, located at each intersection and spaced 330 feet apart with no portion of any lot frontage more than 165 feet from a hydrant. Minimum fire flow shall be 1000 GPM for a 2-hour duration at 20 PSI. 67. For any buildings with public access i.e. recreational halls, clubhouses, etc. or buildings with a commercial use i.e. gatehouses, maintenance sheds, etc. Super fire hydrants are to be placed no closer than 25 feet and not more than 165 feet from any portion of the first floor of said building following approved travel ways around the exterior of the building. Minimum fire flow for these areas would be 1500 GPM for a 2-hour duration at 20 PSI. 68. Blue dot retro-reflectors shall be placed in the street 8 inches from centerline to the side that the fire hydrant is on, to identify fire hydrant locations. 69. City of La Quinta ordinance requires all buildings 5,000 sq. ft. or larger to be fully sprinkled per NFPA 13/13R/13D Standard. If required, sprinkler plans will need to be submitted to the Fire Department. Area separation walls may not be used to reduce the need for sprinklers. 70. Any turn -around requires a minimum 38-foot turning radius 71. All structures shall be accessible from an approved roadway to within 150 feet of all portions of the exterior of the first floor. 72. The minimum dimension for access roads and gates is 20 feet clear and unobstructed width and a minimum vertical clearance of 13 feet 6 inches in height. 73. Any gate providing access from a road shall be located at least 35 feet setback from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Where a one-way road with a single traffic lane provides access to a gate entrance, a 38-foot turning radius shall be used. 74. Gates may be automatic or manual and shall be equipped with a rapid entry system (KNOX). Plans shall be submitted to the Fire Department for approval prior to installation. Automatic gate pins shall be rated with a shear pin force, not to exceed 30 pounds. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. Automatic gates shall be provided with backup power. 75. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. Two sets of water plans are to be submitted to the Fire Department for approval. 76. The applicant or developer shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or signs. QUALITY ASSURANCE 77. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 78. The applicant shall employ, or retain, qualified engineers, surveyors, and such other appropriate professionals as are required to provide the expertise with which to prepare and sign accurate record drawings, and to provide adequate construction supervision. 79. The applicant shall arrange for, and bear the cost of, all measurements, sampling and testing procedures not included in the City's inspection program, but which may be required by the City, as evidence that the construction materials and methods employed comply with the plans, specifications and other applicable regulations. 80. Upon completion of construction, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing," "As -Built" or "As - Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all approved mylars previously submitted to the City, revised to reflect the as - built conditions. MAINTENANCE 81. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 82. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. FEES AND DEPOSITS 83. The applicant shall comply with the provisions of Section 13.24.180 (Fees and Deposits), LQMC. These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 84. Tentative Tract 33226 shall provide for parks through payment of an in -lieu fee, as specified in Chapter 13.48, LQMC. Based on the requirements of Section 13.48.050 LQMC, the amount of park land required for 290 units is 2.436 acres. The in -lieu payment(s) shall be based upon this acreage requirement, and on the fair market value of the land within the subdivision. Land value information shall be provided to the Planning Director, via land sale information, a current fair market value appraisal, or other information on land value within the subdivision. In -lieu fees may be paid for each proposed final map phase of a multiple -phased map. Payment of the in -lieu fee shall be made prior to, or concurrently with recordation of the first final map within the tentative map. 85, Permits issued under this approval shalt be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 86. Provisions shall be made to comply with the terms and requirements of the City's adopted Art in Public Places program in effect at the time of issuance of building permits. 87. Tentative Tract 33226 shall provide for parks through payment of an in -lieu fee, as specified in Chapter 13.48, LQMC. Based on the requirements of Section 13.48.050 LQMC, the amount of park land required for 290 units is 2.436 acres. The in -lieu payment(s) shall be based upon this acreage requirement. In -lieu fees may be paid for each proposed final map phase of a multiple -phased map. Payment of the in -lieu fee shall be made prior to, or concurrently with, recordation of the first final map within the tentative map. 88. Applicant shall pay the fees as required by the Coachella Valley Unified School District, as in effect at the time requests for building permits are submitted. 89. A fee of $2,564.00, payable to Riverside County, is due to this office within 24 hours of any City Council approval. This is required by the County to post the Notice of Determination and offset costs associated with AB 3158 (Fish and Game Code 711.4). PLANNING DEPARTMENT 90. Revisions to the tentative map during plan check including, but not limited to, lot line alignments, easements, improvement plan revisions, and similar minor changes which do not alter the design (layout, street pattern, etc.) may be administratively approved through the plan check process, with the mutual consent and approval of the Planning and Public Works Directors. It is recognized that certain lot boundaries for Lots 1-83 (Courtyard unit lots) may need to be adjusted from their tentative alignments, to allow for the precise plotting of unit footprints for the zero -lot line Courtyard product. Any such replotting of the approved tentative map, shall be reviewed under the substantial conformance process and shall not constitute a need to file a revised tentative map. 91. Applicant shall ensure compliance with all mitigation measures set forth in the Subsequent Environmental Impact Report (SEIR), SCH #2007061056, as part of all related conditions of approval, as identified in Condition #4. These mitigation measures are required to address potentially significant impacts to Air Quality (Short -Term Construction Impacts); Cultural Resources; Noise; Public Services (Schools); Transportation, Traffic, Parking and Circulation (Project Traffic, Cumulative Impacts). 92. Applicant shall prepare project CC&R's to address parking restrictions for on -street guest parking and all other guest parking areas, including any use of common driveway space for parking. Parking provisions shall also include allowances for golf cart use and parking within the tentative map area. In addition, the CC&R's shall incorporate provisions as set forth in Development Agreement 2006-011. 93. Building heights, setbacks, parking and other development standards shall be in compliance with the approved plan documents for the Eden Rock at PGA West project, and any precedent conditions of approval for Tentative Tract Map 33226, Specific Plan 83-002, Amendment #6 and Site Development Permit 2006-852. 94. A final acoustical analysis shall be completed and submitted for review at time of building permit plan check, based on final lot layout and pad elevations, to demonstrate that the City's standards for interior and exterior CNEL levels will be met for each proposed dwelling unit. 95. Applicant shall provide options for active recreational use amenities to the Planning Department for review and approval, to be located in the larger common open areas adjacent to the northern Village units, as delineated on the approved Open Space Exhibit. ARCHAEOLOGY 96. The site shall be monitored during on and off -site trenching and rough grading by qualified archaeological monitors. Proof of retention of monitors shall be given to the City prior to issuance of the first earth -moving or clearing permit. A tribal monitor from the Ramona Band of Cahuilla Indians shall be included in the monitoring crew. The monitors shall be empowered to temporarily halt or divert equipment to allow for City notification and analysis. 97. The developer/property owner shall enter into a pre -excavation agreement with the Ramona Band of Cahuilla Indians, which addresses inadvertent discoveries of cultural resources and the disposition of cultural resources found during the development of the project. Inadvertent discoveries of human remains, if such discovery should occur, shall be handled according to applicable State laws. 98. The final report on the monitoring shall be submitted to the Planning Department prior to the issuance of the first Certificate of Occupancy for the project. 99. Collected archaeological resources shall be properly packaged for long term curation, in polyethylene self -seal bags, vials, or film cans as appropriate, all within acid -free, standard size, comprehensively labeled archive boxes and delivered to the City prior to issuance of first Certificate of Occupancy for the property. Materials shall be accompanied by descriptive catalogue, field notes and records, primary research data, and the original graphics. 100. The conditions of approval for this item shall be included in the submitted Phase I report prior to issuance of the first permit requiring monitoring. 101. If prehistoric or historic resources are discovered during monitoring or the subsequent construction phase, the Community Development Department shall be notified immediately. PALEONTOLOGY 102. On and off -site monitoring of earth -moving and grading in areas identified as likely to contain paleontological resources shall be conducted by a qualified paleontological monitor. The monitor shall be equipped to salvage fossils as they are unearthed to avoid construction delays and to remove samples of sediments that are likely to contain the remains of small fossil invertebrates and vertebrates, including a program of screen washing for micro invertebrate fossils. The monitor shall be empowered to temporarily halt or divert equipment to allow removal of abundant or large specimens. Proof that a monitor has been retained shall be given to City prior to issuance of first earth -moving permit, or before any clearing of the site is begun. Any earth moving activity in Holocene -age lakebed required for the proposed project shall be monitored by a qualified paleontologist. The paleontologist shall be empowered to redirect earth moving activities if required to identify and remove resources. The monitor shall also be equipped to quickly remove resources if found. The monitor shall submit, within 30 days of completion of earth moving activities, a report of findings to the Community Development Department for its review and approval. Any resource removed from the site shall be properly documented and curated. 103. Recovered specimens shall be prepared to the point of identification and permanent preservation, including washing of sediments to recover small invertebrates and vertebrates. 104. A report of findings with an appended itemized inventory of specimens shall be submitted to the City prior to the first occupancy of a residence being granted by the City. The report shall include pertinent discussions of the significance of all recovered resources where appropriate. The report and inventory, when submitted will signify completion of the program to mitigate impacts to paleontological resources. 105. Collected resources and related reports, etc. shall be given to the City for curation. Packaging of resources, reports, etc. shall complywith standards commonly used in the paleontological industry.