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CC Resolution 2000-045 RESOLUTION NO. 2000-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP TO SUBDIVIDE 2.44 GROSS ACRES IN THE LOW DENSITY RESIDENTIAL. ZONING DISTRICT INTO TEN SINGLE FAMILY LOTS, ONE PRIVATE STREET LOT, AND THREE LANDSCAPE LOTS LOCATED ON THE EAST SIDE OF ADAMS STREET, APPROXIMATELY 360 FEET NORTH OF MILES AVENUE CASE NO.: TENTATIVE TRACT MAP 29624 APPLICANT: WORLD DEVELOPMENT WHEREAS, the City Council of the City of La Quinta, California, did on the 18th day of April, 2000, 2"d day of May, and 16th day of May, 2000, hold duly noticed Public Hearings at the request of World Development to subdivide 2.44 acres in the Low Density Residential Zoning District into ten single family residential lots, one private street lot, and three landscape lots, generally located on the east side of Adams Street, 360 feet north of Miles Avenue; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 28th day of March, and the 11th day of April, 2000, hold a duly noticed Public Hearing at the request of World Development to subdivide 2.44 gross acres in the Low Density Residential Zoning District into ten single family residential lots, one street lot, and three lettered landscape lots generally located on the east side of Adams Street, 360 feet north of Miles Avenue, and unanimously recommended approval under Planning Commission Resolution 2000-014, more particularly described as: Parcel 2 of Tentative Parcel Map 29288 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings to al3prove said Tentative Tract Map 29624: Resolution No. 2000-45 Tentative Tract 29624- Final World Development May 16, 2000 Page 2 Finding Number I - Consistency with CEQA Subsequent Environmental Assessment 99-382 was prepared for the proposed residential subdivision with a recommended Mitigated Negativ& Declaration of Environmental Impact. Special studies for noise, geotechnical issues, biology, cultural resources, and hydrology were prepared for the environmental review. With the implementation of the recommended mitigation measures for noise and biological issues, impacts will be mitigated to a level of insignificance. Finding Number 2 - Consistency with the General Plan The proposed tentative tract map is consistent with the City's General Plan with the implementation of Conditions of Approval to provide for adequate stormwater drainage for each lot, and the appropriate cul de sac radius width of 45 feet. The project proposes 4 dwelling units per acre which is consistent with the Low Density Residential land use designation of 2 to 4 dwelling units per acre. Finding Number 3 - Consistency of Design and Improvements The design and improvements of the proposed subdivision are ~sonsistent with the City's General Plan, with the implementation of recommended conditions of approval to ensure proper sidewalk widths and location, and timing of their construction. Finding Number 4 - Consistency of Public Easements As conditioned, the design of the subdivision and type of improvements, acquired by the public at large, for access through or use of property within the proposed subdivision will not conflict with such easements. Finding Number 5 - Public Health and Safety The design of the subdivision and type of improvements are not likely to cause serious public health problems, in that this issue was considered in Environmental Assessment 99-382 and Subsequent Environmental Assessment 99-382, in which no significant health or safety impacts were identified for the proposed project. Resolution No. 2000-45 Tentative Tract 29624- Final World Development May 16, 2000 Page 3 Findincj Number 6 - Suitability of Site The site of the proposed subdivision is physically suitable for the proposal as slopes do not exceed 20% and there are no identified geological constraints on the property that would prevent development pursuant to the geotechnical study prepared for the subdivision. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findi.ngs of the City Council in this case; 2. That it does hereby require compliance with those mitigation measures required for Tentative Tract Map 29624; 3. That it does approve Tentative Tract Map 29624 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 City Council held on this 16th day of May, 2000, by the following vote, to wit: AYES: Council Members Adolph, Henderson, Sniff, Mayor Pe~a NOES: None ABSENT: Council Member Perkins ABSTAIN: None JC)~ Ma~~or -- City of La Quinta, California Resolution No. 2000-45 Tentative Tract 29624- Final World Development May 16, 2000 Page 4 ATTEST: JUN EK,~er~ Cityo~a Qu~n~a, California (City Seal) APPROVED AS TO FORM: DAWN C. HONEYW~t~L, City Attorney City of La Quinta RESOLUTION 2000-45 CONDITIONS OF APPROVAL - FINAL TENTATIVE TRACT MAP 29624 WORLD DEVELOPMENT May 16, 2000 GENERAL 1. 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. 2. 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). 3. 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 (lID) · 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. Resolution 2000-45 Conditions of Approval - Final Tentative Tract Map 29624 - World Development May 16, 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. 4. 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 5. 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. 6. 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. 7. Rights of way and easements required of this map include: A. PUBLIC STREETS 1) Adams Street: 44-foot half of an 88-foot right of way. B. PRIVATE STREETS 1) Ladera Drive: 29-foot width with parking provided on-site and enforced by the Homeowners' Association. The cul de sac bulb shall be similar in form to Riverside County Standard 800 with 45- foot radius, unless the General Plan requirement is changed to Resolution 2000-45 Conditions of Approval - Final Tentative Tract Map 29624 - World Development May 16, 2000 C. LANDSCAPE LOTS AND DRAINAGE EASEMENT 2) The applicant shall create lettered common landscape lots at the north end of the cul de sac (approximately 60 feet wide) and of the easterly 75 feet, plus or minus, of Lot 10 for maintenance by the homeowner's association. The applicant shall grant a permanent easement across the latter lot or a portion thereof, as necessary, to accept and convey drainage from Parcel 1 of Tentative Parcel Map 29288. 8. 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. 9. 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): A. Adams Street- 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. 10. 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. 11. The applicant shall vacate abutter's rights of access to Adams Street with the exception of the temporary construction access. 12. 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. Resolution 2000-45 Conditions of Approval - Final Tentative Tract Map 29624 - World Development May 16, 2000 appropriate, from owners of any abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments are to occur. 13. 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 14. 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 apprdved by the City Engineer. FINAL MAP(S) AND PARCEL MAP(S) 15. 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. 16. 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 4 Resolution 2000-45 Conditions of Approval- Final Tentative Tract Map 29624 -Wodd Development May 16, 2000 "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. 17. 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. 18. 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 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 19. 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. Resolution 2000-45 Conditions of Approval - Final Tentative Tract Map 29624 - World Development May 16, 2000 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. 20. 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. 21. If improvements required herein have been previously secured with the underlying Tentative Parcel Map 29288, the applicant will not be required to duplicate that security. However, final inspection and occupancy of homes in this tract will not be approved until the improvements are complete unless the applicant has an approved phasing plan and is in compliance with the provisions of the plan. 22. 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. 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. 23. 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) Resolution 200045 Conditions of Approval - Final Tentative Tract Map 29624 - World Development May 16, 2000 24. 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 25. This development shall comply with Chapter 8.11 of the LQM-C (Flood Hazard Regulations). If any portion of any proposed building lot in the development is or may be located within a flood hazard area as identified on the City's Flood Insurance Rate Maps, the development shall be graded to ensure that all floors and exterior fill (at the foundation) are above the level of the project (100-year) flood and building pads are compacted to 95% Proctor Density as required in Title 44 of the Code of Federal Regulations, Section 65.5(a) (6). Prior to issuance of building permits for lots which are so located, the applicant shall furnish certifications as required by FEMA that the above conditions have been met. 26. 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. 27. 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. 28. The applicant shall endeavor to minimize differences in elevation at abutting properties and between separate tracts and lots within this development. Building pad elevations on contiguous lots shall not differ by more than three feet except for lots within a tract or parcel map, but not sharing common street frontage, where the differential shall not exceed five feet. Resolution 2000-45 Conditions of Approval - Final Tentative Tract Map 29624 - World Development May 16, 2000 28. The applicant shall endeavor to minimize differences in elevation at abutting properties and between separate tracts and lots within this development. Building pad elevations on contiguous lots shall not differ by more than three feet except for lots within a tract or parcel map, but not sharing common street frontage, where the differential shall not exceed five feet. The limits given in this condition and the previous condition are not entitlements and more restrictive limits may be imposed in the map approval or plan checking process. If compliance with the limits is impractical, however, the City will consider alternatives which minimize safety concerns, maintenance difficulties and neighboring-owner dissatisfaction with the grade differential. 29. 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. 30. 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. 31. Prior to issuance of building permits, 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 32. This tract and the adjacent Parcel 1 from Tentative Parcel Map 29288 will be allowed to convey runoff along existing streets to retention basins constructed for Tract 23913 (Quinterra). The design of this site shall include provisions for surface flow of runoff from Parcel 1 to the surface of Ladera Drive. UTILITIES 8 Resolution 2000-45 Conditions of Approval - Final Tentative Tract Map 29624 - World Development May 16, 2000 33. 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. 34. All new utility lines shall be installed underground with the proposed development. 35. 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 36. 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.) A. OFF-SITE STREETS 1) Adams Street - Construct eight-foot sidewalk. B. ON-SITE PRIVATE STREETS 1 ) Ladera Drive - 28-foot travel width (between curb faces). The cul de sac bulb shall be similar in form to Riverside County Standard 800 with a 44.5-foot radius, unless the General Plan is amended to allow a smaller radius. C. Applicant provides gate and turnaround on Ladera Drive. 37. 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. Resolution 2000-45 Conditions of Approval - Final Tentative Tract Map 29624 - World Development May 16, 2000 38. 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 shall be stamped and signed by qualified engineers. 39. Streets shall have vertical curbs which convey water without ponding and provide lateral containment of dust and residue for street sweeping. Unused curb cuts on any lot shall be restored to normal curbing prior to final inspection of permanent building(s) on the lot. 40. The applicant shall design street pavement sections using Caltrans' design procedure (20-year life) and site-specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows (or approved equivalents for alternate materials): Residential & Parking Areas 3.0" a.c./4.50" c.a.b. Collector 4.0"/5.00" Secondary Arterial 4.0"/6.00" Primary Arterial 4.5"/6.00" Major Arterial 5.5"/6.50" 41. 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. 42. The City will conduct final inspections of homes and other habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly-maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on-site streets 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 tract or when directed by the City, whichever comes first. ]0 Resolution 2000-45 Conditions of Approval - Final Tentative Tract Map 29624 - World Development May 16, 2000 LANDSCAPING 43. The applicant shall provide landscaping in required setbacks and common lots. The gated entry landscaping shall include three 24" box trees, 'eleven 5 gallon shrubs, three 15 gallon trees, and sod. The landscaping plan shall be submitted to the Community Development Department for review and approval prior to issuance of building permits. 44. 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. 45. 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 publis streets. PUBLIC SERVICES 46. The applicant shall provide public transit improvements as required by Sunline Transit and approved by the City Engineer. QUALITY ASSURANCE 47. The applicant shall employ construction quality-assurance measures which meet the approval of the City Engineer. 48. 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. Resolution 2000-45 Conditions of Approval - Final Tentative Tract Map 29624 - World Development May 16, 2000 49. 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. 50. 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 51. The applicant shall maintain required public improvements until expressly released from this responsibility by the appropriate public agency. The applicant shall make provisions in the CC&Rs for continuous, perpetual maintenance of the perimeter wall and landscaping and the common landscape lot required herein. FEES AND DEPOSITS 52. 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. MISCELLANEOUS 53. The design of the perimeter wall along Adams Street shall be slump stone with a 1-inch masonry cap and pilasters to match the wall at each property line point. The wall shall be curved at the southwest corner, adjacent to Adams Street. 54. Prior to issuance of a grading permit, final perimeter landscaping plans shall be revised to include: ]2 Resolution 2000-45 Conditions of Approval - Final Tentative Tract Map 29624 - World Development May 16, 2000 A. A three foot high landscape berm along Adams Street. B. Minimum lO-foot tall tree sizes (1.5-inch to 2-inch caliper measuring 6- inches from ground level). C. A plant palette that matches that approved for SDP 99-655 (First School of the Desert) along Adams Street. 55. At locations where the proposed development shares a common property line where an existing wall encloses properties in the adjacent development, the applicant shall accomplish the Zoning Code required 5-foot minimum wall height in accordance with one of the following methods: A. If permission from the adjacent property owner is received, and if additional wall height can be structurally achieved, add additional course(s) of matching block to the existing wall. This alternative shall be __ rejected by the adjacent landowner before utilizing the second alternative. B. If the adjacent property owner does not consent to the first alternative, the applicant shall achieve the 5-foot minimum wall height by constructing a new wall with matching block, as close as physically possible, adjacent to the existing wall, and fill the empty space between the two walls with pea gravel and slurry cap. The two walls shall be structurally bound together with tie rods. 56. The CC&R's of Tract 29624 shall contain language reflecting the following provisions: "On-street parking of any Recreational Vehicles (RV's) (including but not limited to boats, recreational vehicles, motor homes, trailers, buses, campers, mobile homes, inoperable vehicles, or similar vehicles) shall be prohibited at all times along Ladera Drive, both within Tentative Tract 29624 and east of the subdivision, by residents of Tentative Tract 29624. Parking for such vehicles shall be restricted to storage on the property behind a masonry wall of not less than five (5) feet in height which is equipped with a solid gate that shields the subject vehicle from view from the street. Temporary parking in individual driveways is permitted for a maximum of 24 hours as RV's are prepared for use or storage." A copy of the CC&R's shall be submitted to the Community Development Department for review and approval regarding this condition. ]3