CC Resolution 1999-064Zd RESOLUTION NO.99-64
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, APPROVING A
PARCEL MAP TO ALLOW SEVEN LOTS ON 12.5
NET ACRES PLUS A REMAINDER LOT
CASE NO.: PARCEL MAP 29052
LUNDIN DEVELOPMENT COMPANY
WHEREAS, the City Council of the City of La Quinta, California, did on
the 1 81h day of May, 1 999, hold a duly noticed Public Hearing to consider the request
of Lundin Development Company for approval of a Parcel Map to create seven
commercial parcels on 12.5 net acres in the Community Commercial CC) Zone
District, plus a 33 acre remainder parcel, located on the northwest corner of Jefferson
Street and 50th Avenue, more particularly described as:
PORTIONS OF SECTION 32, T5S, R7E, SBBM
WHEREAS, the Planning Commission of the City of La Quinta, California,
did on the 1 11h day of May, 1999, hold a duly noticed Public Hearing and adopted
Resolution 99-034, recommending approval of Parcel Map 29052, subject to
conditions; and,
WHEREAS, said Parcel Map has complied with the requirements of The
Rules to Implement the California Environmental Quality Act of 1970" as amended
Resolution 83-68), in that the Community Development Department has conducted
an Initial Study Environmental Assessment 98-375), and determined that the
proposed Parcel Map will not have a significant impact on the environment and a
Mitigated Negative Declaration of Environmental Impact has been certified; and,
WHEREAS, at said Public Hearing, upon hearing and considering all
testimony and arguments, if any, of all interested persons wanting to be heard, said
City Council did make the following mandatory findings of approval to justify approval
of said Parcel Map:
1. The proposed map and its design is consistent with the General Plan and
applicable proposed Specific Plan in that the parcels are intended and designated
for Community Commercial use. The development of the lots will comply with
applicable development standards such as setbacks, height restrictions, etc.
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Parcel Map 29052
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2. The design of the subdivision and proposed improvements are not likely to
cause environmental damage or substantially and avoidably injure fish, or
wildlife, or cause serious public health problems since the project is primarily
surrounded by development, or other urban improvements, and mitigation is
required by the Mitigated Negative Declaration EA 98-375).
3. The design of the proposed map will not conflict with easements acquired by
the public at large, for access through, or use of, property within the proposed
Map since none presently exist and new easements as needed will be provided
and recorded.
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 findings of the City
Council in this case;
2. That it does approve Parcel Map 29052 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 1 8th day of May, 1 999, by the following vote, to wit:
AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena
NOES: None
ABSENT: None
ABSTAIN: None
J0HNQfrJ.ENAQ(,ay?
City of La Qulnta, California
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Zd Resolution No.99-64
Parcel Map 29052
Adopted: 511S199
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ATTEST:
City of La Quinta, California
APPROVED AS TO FORM:
DAWN C. HoNEYWEL\1? City Attorney
City of La Quinta, California
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Zd RESOLUTION NO.99-54
CONDITIONS OF APPROVAL FINAL
PARCEL MAP 29052
LUNDIN DEVELOPMENT COMPANY
MAY18. 1999
PAGE 1
CONDITIONS OF APPROVAL
GENERAL
1. Upon City Council approval, a memorandum noting that City Conditions of
Approval for development applications exist and are available for review at City
Hall, shall be recorded against the property with the Riverside County
Recorder's office.
2. The subdivider agrees to defend, indemnify, and hold harmless the City of La
Quinta the City"), its agents, officers and employees from any claim, action or
proceeding to attack, set aside, void, or annul the approval of this tentative map
or any final map thereunder. The City shall have sole discretion in selecting its
defense counsel.
The City shall promptly notify the subdivider of any claim, action or proceeding
and shall cooperate fully in the defense.
3. Tentative Parcel Map No. 29052 shall comply with the requirements and
standards of 66410 through 66499.58 of the California Government Code
the Subdivision Map Act) and Chapter 1 3 of the La Quinta Municipal Code
LQMC).
4. Prior to the issuance of a grading, construction or building permit, the applicant
shall obtain permits and/or clearances from the following public agencies:
Fire Marshal
* Public Works Department Grading Permit, Improvement Permit)
* Community Development Department
* Riverside Co. Environmental Health Department
9 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.
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CONDITIONS OF APPROVAL INAL
PARCEL MAP 29052
LUNDIN DEVELOPMENT COMPANY
MAY 18.1999
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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 Notice of Intent
received from the CWQCB prior to issuance of a grading or site construction
permit. The applicant shall ensure that the required Storm Water Pollution
Protection Plan is available for inspection at the project site.
5. The applicant shall comply with the terms and requirements of the infrastructure
fee program in effect at the time of issuance of building permits.
PROPERTY RIGHTS
6. Prior to approval of a final map, the applicant shall acquire or confer easements
and other property rights required of the tentative map or otherwise necessary
for construction or proper functioning of the proposed development. Conferred
rights shall include irrevocable offers to dedicate or grant access easements to
the City and Coachella Valley Water District for emergency services and for
maintenance, construction, and reconstruction of essential improvements,
including off-site water wells.
7. The applicant shall dedicate or grant public and private street right of way and
utility easements in conformance with the City's General Plan, Municipal Code,
applicable specific plans, and as required by the City Engineer.
8. Right of way dedications required of this development include:
a. Jefferson Street 60-foot half of a 1 20-foot right of way. In addition,
the owner shall make an irrevocable offer to grant an additional 1 7 feet
of right of way, not to exceed 250 feet in length), for future southbound
turn lanes at the Avenue 50 intersection.
b. Avenue 50 50-foot half of a 1 00-foot right of way
Dedications shall include additional widths as necessary for dedicated right and
left turn lanes, bus turnouts, and other features contained in the approved
construction plans.
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CONDITIONS OF APPROVAL FINAL
PARCEL MAP 29052
LUNDIN DEVELOPMENT COMPANY
MAY 18.1999
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If the City Engineer determines that access rights to proposed street rights of
way shown on the tentative map are necessary prior to approval of final maps
dedicating the rights of way, the applicant shall grant interim easements to
those areas within 60 days of written request by the City.
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. Jefferson Street 20 feet 37 feet along the southerly 250 feet of
frontage on Jefferson Street)
b. Avenue 50 20 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.
1 0. 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 public streets from all
frontage along the streets and properties except approved access points.
1 2. The applicant shall dedicate easements allowing all parcels created by this
parcel map full access to access drives and internal circulation facilities.
1 3. 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.
14. 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
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CONDITIONS OF APPROVAL FINAL
PARCEL MAP 29062
LUNOIN DEVELOPMENT COMPANY
MAY18. 1999
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15. The applicant shall cause no easements to be granted or recorded over any
portion of this property between the date of approval by the City Council and
the date of recording of any final map(s) covering the same portion of the
property unless such easements are approved by the City Engineer.
FINAL MAP(S) AND PARCEL MAP(S)
1 6. 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 and in a program format 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.
17. 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." All plans except precise
grading plans shall have signature blocks for the City Engineer. Precise grading
plans shall have signature blocks for Community Development Director and the
Building Official. Plans are not approved for construction until they are signed.
Streets and Drainage" plans shall normally include signals, sidewalks, bike
paths, gates and entryways, and parking lots. Landscaping" plans shall
normally include irrigation improvements, landscape lighting and perimeter walls.
Plans for improvements not listed above shall be in formats approved by the
City Engineer.
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CONDITIONS OF APPROVAL FINAL
PARCEL MAP 29052
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1 8. 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.
1 9. When final plans are approved by the City, the applicant shall furnish accurate
AutoCad files of the complete, approved public street 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
20. Depending on the timing of development of the parcels created by this map and
the concurrent status of off-site improvements, the subdivider may be required
to construct improvements, to reimburse the City or others for the cost of the
improvements, to secure the cost of the improvements for future construction
by others, or a combination of these methods.
If the subdivider is required to construct improvements for which this document
or Specific Plan 98-034 only obligate a share of the cost, the subdivider may
seek reimbursement of the remaining cost from the City or from adjacent
developments, as appropriate, under the City's reimbursement policy.
21. 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 1 3, 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.
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PARCEL MAP 29052
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MAY is. 1999
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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 utilities and other 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., a Site Development Permit), off-site improvements and common
improvements e.g., retention basins, perimeter walls & landscaping) shall be
constructed or secured prior to approval of the first phase unless otherwise
approved by the City Engineer. Improvements and obligations required of each
phase shall be completed and satisfied prior to completion of homes or
occupancy of permanent buildings within the phase and subsequent phases
unless a construction phasing plan is approved by the City Engineer.
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 LQMC Flood Hazard
Regulations). If any portion of any proposed building lot in the development is
located within or immediately adjacent to a flood hazard area as identified on
the City's Flood Insurance Rate Maps, the development shall be graded to
ensure that all building pads, including basement and garage areas, are above
the level of the project flood. Prior to issuance of building permits for lots
which are so located, the applicant shall receive Conditional Letters of Map
Revision based on Fill CLOMRIF) from FEMA. Prior to final acceptance by the
City of subdivision improvements, the applicant shall have received final
LOMR/Fs for all such lots.
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PARCEL MAP 29052
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26. The applicant shall furnish a preliminary geotechnical soils") report and a
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. The plan must be approved by the
City Engineer prior to issuance of a grading permit. A statement shall appear
on final maps if any are required of this development) that a soils report has
been prepared pursuant to Section 1 7953 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 lots within this development. Building pad
elevations on contiguous lots shall not differ by more than three feet. If
compliance with this requirement is impractical, the City will consider and may
approve alternatives which minimize safety concerns, maintenance difficulties
and neighboring-owner dissatisfaction with the grade differential.
29. Prior to 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 a civil engineer or surveyor. The
certifications shall list approved pad elevations, actual elevations, and the
difference between the two, if any. The data shall be organized by lot number
and shall be listed cumulatively if submitted at different times.
DRAINAGE
The applicant shall comply with the provisions of Engineering Bulletin No.97.03 and
the following:
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32. The design of the development shall not cause any increase in flood boundaries,
levels or frequencies in any area outside the development.
33. Stormwater falling on site during the peak 24-hour period of a 100-year storm
the design storm) shall be retained within the development unless otherwise
approved by the City Engineer. The tributary drainage area shall extend to the
centerline of adjacent public streets.
34. Stormwater shall normally be retained in common retention basins. Individual-
lot basins or other retention schemes may be approved by the City Engineer for
lots 21/2 acres in size or larger or where the use of common retention is
impracticable. If individual-lot retention is approved, the applicant shall meet
the individual-lot retention provisions of Chapter 1 3.24, LQM C.
35. Storm flow in excess of retention capacity shall be routed through a designated,
unimpeded overflow outlet to the historic drainage relief route.
36. Storm drainage historically received from adjoining property shall be retained on
site or passed through to the overflow outlet.
37. Retention facility design shall be based on site-specific percolation data which
shall be submitted for checking with the retention facility plans. The design
percolation rate shall not exceed two inches per hour.
38. Retention basin slopes shall not exceed 3:1. Maximum retention depth shall be
six feet.
39. Nuisance water shall be retained on site and disposed of in a manner designed
to contain surges of 3 gphll 0O0 sq. ft. of landscape area) and to infiltrate 5
gpd/1 000 sq. ft.
40. In developments for which security will be provided by public safety entities
e.g., the La Quinta Safety Department or the Riverside County Sheriff's
Department), retention basins shall be visible from adjacent street(s). No fence
or wall shall be constructed around basins unless approved by the Community
Development Director and the City Engineer.
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PARCEL MAP 29052
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UTILITIES
41. The applicant shall obtain the approval of the City Engineer for the location of
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 aesthetic as well as practical purposes.
42. Existing and proposed wire and cable utilities within or adjacent to the proposed
development shall be installed underground. Power lines exceeding 34.5 kv are
exempt from this requirement.
43. Underground utilities shall be installed prior to overlying hardscape. The
applicant shall provide certified reports of trench compaction for approval of the
City Engineer.
STREET AND TRAFFIC IMPROVEMENTS
44. The City is contemplating adoption of a major thoroughfare improvement
program. Any property within this development which is not subdivided or does
not have a current a Site Development Permit 60 days or more after the
program is in effect shall be subject to the program as determined by the City.
45. 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 General Plan standards in effect at the time of construction
which, if different than the listed improvements, shall prevail.
a. OFF-SITE STREETS
I. Jefferson Street Major Arterial) Construct 51-foot half of a 102-
foot improvement between outside curb faces, including
landscape median) plus a 6-foot meandering sidewalk.
II. Avenue 50 Primary Arterial) Construct 38-foot half of a 76-foot
improvement between outside curb faces, including landscape
median) plus a 6-foot meandering sidewalk.
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CONDITIONS OF APPROVAL FINAL
PARCEL MAP 29052
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MAY19 1999
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iii. Jefferson Street/Avenue 50 InterseCtion Responsibility for 7.5%
of the Cost of signal improvements plus a proportionate share,
with the remainder of the specific plan area, of any other
improvements or modifications which may be warranted by the
timing and traffic loadings imposed by development of the specific
plan area.
iv. In the event any of the above improvements are constructed by
the City prior to the applicant recording a final map, the Applicant
shall reimburse the City, at the time the final map is approved by
the City Council for the cost of that portion of the improvements
constructed by the City that are required by these conditions of
approval.
46. General access points and turning movements of traffic are limited to the
following:
a. Public Street Frontage driveways as approved by Specific plan 98-034.
b. Access from Parcel 7 of this development to Street Lot I of the residential
subdivision proposed in Specific Plan 98-034.
47. 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.
48. The applicant may be required to extend improvements beyond development
boundaries to ensure they safely integrate with existing improvements e.g.,
grading; traffic control devices and transitions in alignment, elevation or
dimensions of streets and sidewalks).
49. Improvements shall be designed and constructed in accordance with the LQMC,
adopted standards, supplemental drawings and specifications, and as approved
by the City Engineer. Improvement plans for streets, access gates and parking
areas shall be stamped and signed by qualified engineers.
50. Street 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.
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CONDITIONS OF APPROVAL F?NAL
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51. 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.14.50" a.b.
Collector 4.0"/5.00"
Secondary Arterial 4.0"16.00"
Primary Arterial 4.5"/6.00"
Major Arterial 5.5"/6.50"
52. 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.
53. 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.
LANDSCAPING
54. The applicant shall provide landscaping in required setbacks, retention basins,
common lots, and park areas.
55. 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 the 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.
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56. 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 1 8 inches of curbs along public streets.
PUBLIC SERVICES
57. The applicant shall provide public transit improvements as required by Sunline
Transit and/or the City Engineer.
QUALITY ASSURANCE
58. The applicant shall employ construction quality-assurance measures which meet
the approval of the City Engineer.
59. 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.
60. 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
and specifications.
61 Upon completion of construction, the applicant shall furnish the City
reproducible record drawings of all public improvement plans which were signed
by the City Engineer. 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
62. The applicant shall make provisions in the Codes, Covenants and Restrictions
for continuous, perpetual maintenance of all interior improvements, perimeter
setbacks and access drives. The provisions shall include specific cost
responsibilities and enforcement provisions. The applicant shall maintain public
improvements until expressly released from said responsibility by the City.
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FEES AND DEPOSITS
63. 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.
64. Prior to approval of a final map or completion of any approval process for
modification of boundaries of the property or lots subject to these conditions,
the applicant shall process a reapportionment of any bonded assessment(s)
against the property and pay the cost of the reapportionment.
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