Loading...
CC Resolution 2007-062RESOLUTION NO. 2007-062 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION APPROVAL OF TENTATIVE TRACT 34969, SUBDIVIDING AN AREA WITHIN THE MADISON CLUB RESIDENTIAL DEVELOPMENT INTO A CLUBHOUSE SITE, PARKING LOT, TENNIS COURTS, AND FUTURE VILLAS SITE FOR THE MADISON CLUB CLUBHOUSE CASE NO.: TENTATIVE TRACT MAP 34969 APPLICANT: EAST OF MADISON, LLC WHEREAS, the City Council of the City of La Quinta, California, did on the 3rd day of July, 2007, hold a duly -noticed Public Hearing, to consider a recommendation on Tentative Tract Map 34969, a request to subdivide t 24.0 acres into 8 lots, including a clubhouse lot, parking/tennis court lot, and future residential villas lot, located generally on the south side of Avenue 52 and west of Monroe Street, more particularly described as: APN: 767-690-036 TO 767-690-040, 767-690-046, 767-200-091, 767-210-082 WHEREAS, the La Quinta Community Development Department has determined that this request has been assessed in conjunction with Environmental Assessment 2004-520 which was prepared for Specific Plan 1999-035 Amendment 1, which was certified on February 1, 2005. No changed circumstances or conditions are proposed which would trigger the preparation of subsequent environmental analysis pursuant to Public Resources Code Section 21166; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 12' day of June, 2007, hold a duly -noticed Public Hearing, as continued from the regularly -scheduled Public Hearing on May 22, 2007, to consider a recommendation on said Tentative Tract Map and, after hearing and considering all testimony and arguments, did adopt Planning Commission Resolution 2007-022, recommending to the City Council approval of said Tentative Tract 34969; and, WHEREAS, at the July 3`d 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 findings to justify their recommendation for approval of Tentative Tract Map 34969: Resolution No. 2007-062 Tentative Tract Map 34969 East of Madison, LLC July 3, 2007 Page 2 1. The design of proposed Tentative Tract Map is consistent with the city general plan and any applicable specific plans in that its street design and lots are in conformance with applicable goals, policies, and development standards, such as lot size, and will provide adequate infrastructure and public utilities. 2. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially injure fish or wildlife or their habitat because mitigation measures and conditions have been incorporated into the project approval to mitigate impacts where needed. 3. The design of the subdivision or type of improvements are not likely to cause serious public health problems because urban infrastructure improvements are existing, or will be installed, based on applicable local, State, and Federal requirements. 4. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision, for access through or use of the property within the subdivision in that none presently exist and access is provided within the project and to adjacent public streets. 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 hereby uphold the decision of the Planning Commission approving Tentative Tract Map 34969 for the reasons set forth in this Resolution, subject to Conditions of Approval, attached hereto; PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on the 3' day of July 2007, by the following vote, to wit: Resolution No. 2007-062 Tentative Tract Map 34969 East of Madison, LLC July 3, 2007 Page 3 AYES: Council Members Henderson, Osborne, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: Council Member Kirk DON AD PH, ME or City of La Quinta, California ATTEST: City Clerk City of La Q Inta, California (CITY SEAL) APPROVED AS TO FORM: L-"L---� AssiSA 0r, A� I M. ERINE JENSON, Ci At rney City of La Quinta, California CITY COUNCIL RESOLUTION NO. 2007-062 CONDITIONS OF APPROVAL - FINAL TENTATIVE TRACT MAP 34969 — MADISON CLUB CLUBHOUSE EAST OF MADISON, LLC JULY 3, 2007 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, 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. 3. This tentative tract map shall expire two years after City Council approval, unless recorded or granted a time extension pursuant to the requirements of La Quinta Municipal Code 9.200.080 (Permit expiration and time extensions). 4. 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) • Community Development Department • Riverside Co. Environmental Health Department • Coachella Valley Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SCAQMD Coachella Valley Resolution No. 2007-062 Conditions of Approval - FINAL Tentative Tract Map 34969 - Madison Club Clubhouse East of Madison, LLC Jury 3, 2007 Page 2 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. 5. Unless a project -specific NPDES construction permit is in effect at the time and covers this tentative tract map, a 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 ("NOI"►, 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 at 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 Permitee 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.cabmphandbooks.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. Resolution No. 2007.062 Conditions of Approval - FINAL Tentative Tract Map 34969 — Madison Club Clubhouse East of Madison, LLC July 3, 2007 Page 3 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. F. 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. 5. Permits issued under this approval shall 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). 6. 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 7. 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. Said conferred rights shall also include grant of access easement to the City of La Quinta for the purpose of graffiti removal by City staff or assigned agent in perpetuity and agreement to the method to remove graffiti and to paint over to best match existing. The applicant shall establish the aforementioned requirements in the CC&R's for the development or other agreements as approved by the City Engineer. 8. 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. 9. The private street rights -of -way to be retained for private use required for this development include: Resolution No. 2007.062 Conditions of Approval - FINAL Tentative Tract Map 34969 - Madison Club Clubhouse East of Madison, LLC July 3, 2007 Page 4 A. PRIVATE STREETS 11 Private Residential Streets Meriwether Way - Private Residential Street shall have a 28-foot travel width measured flow line to flow line for curbed treated streets with on -street parking 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. Shackleton Street (from the south intersection of Meriwether Way and Shackleton Street to the Parking Lot Entrance) - Private Residential Street shall have a 28-foot travel width measured flow line to flow line for curbed treated streets with on -street parking 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. The flush curb street section shall have a full 28 feet of travelable roadway as approved by the City Engineer and the Fire Department and provided the method of drainage conveyance is acceptable to the City Engineer. Shackleton Street (from the Parking Lot Entrance to the north intersection of Meriwether Way and Shackleton Street) — The flush curb street section shall have a full 28 feet width of right-of-way with 20 feet of travelable roadway as approved by the City Engineer and the Fire Department and provided the method of drainage conveyance is acceptable to the City Engineer. 10. The applicant shall offer for dedication on the Final Map a minimum, twenty two foot (221 wide combination drainage and 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 all utility purveyors including IID and CVWD and as approved by the City Engineer. Resolution No. 2007-062 Conditions of Approval - FINAL Tentative Tract Map 34969 — Madison Club Clubhouse East of Madison, LLC July 3, 2007 Page 5 11. 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. 12. 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. 13. 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. STREET AND TRAFFIC IMPROVEMENTS 14. 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. 15. The applicant shall construct the following street improvements to conform with the General Plan. A. PRIVATE STREETS 1) Private Residential Streets Meriwether Way - Private Residential Street shall have a 28-foot travel width measured flow line to flow line for curbed treated streets with on -street parking 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. Resolution No. 2007-062 Conditions of Approval - FINAL Tentative Tract Map 34969 — Madison Club Clubhouse East of Madison, LLC July 3, 2007 Page 6 Shackleton Street (from the south intersection of Meriwether Way and Shackleton Street to the Parking Lot Entrance) - Private Residential Street shall have a 28-foot travel width measured flow line to flow line for curbed treated streets with on -street parking 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. The flush curb street section shall have a full 28 feet of travelable roadway as approved by the City Engineer and the Fire Department and provided the method of drainage conveyance is acceptable to the City Engineer. Shackleton Street (from the Parking Lot Entrance to the north intersection of Meriwether Way and Shackleton Street) — The flush curb street section shall have a full 28 feet width of right-of-way with 20 feet of travelable roadway as approved by the City Engineer and the Fire Department and provided the method of drainage conveyance is acceptable to the City Engineer. Improvements shall include appurtenances such as traffic control signs and advance warnings signs, markings and other devices as required by the City Engineer and Community Development Director. Entry drives, main interior circulation routes, and other features shown on the approved construction plans, may require additional street widths as may be determined by the City Engineer. 16. 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: Private Residential Streets 3.0" a.c./4.5" c.a.b. Or the approved equivalents of alternate materials. Resolution No. 2007-062 Conditions of Approval - FINAL Tentative Tract Map 34969 — Madison Club Clubhouse East of Madison, LLC July 3, 2007 Page 7 17. 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. 18. 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. PARKING LOTS and ACCESS POINTS 19. The design of parking facilities shall conform to LQMC Chapter 9.150 (Parking). 20. Entry drives, main interior circulation routes, corner cutbacks, dedicated turn lanes, ADA accessibility route to private streets. and other features shown on the approved construction plans, may require additional street widths and other improvements as may be determined by the City Engineer. 21. General access points and turning movements of traffic to on site private streets are limited to the access locations approved for Site Development Permit 2007- 883 and these conditions of approval. 22. 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: Parking Lot & Aisles (Low Traffic) 3.0" a.c./4.5" c.a.b. Parking Lot & Aisles (High Traffic) 4.5" a.c./5.5" c.a.b. Loading Areas 6" P.C.C./4" c.a.b. or the approved equivalents of alternate materials. Resolution No. 2007-062 Conditions of Approval - FINAL Tentative Tract Map 34969 - Madison Club Clubhouse East of Madison. LLC July 3, 2007 Page 8 23. 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. 24. 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. 25. 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 MAPS 26. Prior to the City's approval of a Final Map, the applicant shall furnish accurate 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 1 " = 40' Scale. 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 Resolution No. 2007-062 Conditions of Approval - FINAL Tentative Tract Map 34969 - Madison Club Clubhouse East of Madison, LLC July 3, 2007 Page 9 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 Non -Residential Precise Grading/Storm Drain Plan 1 " = 20' Horizontal B. PM10 Plan 1" = 40' Horizontal C. SWPPP (unless covered by SWPPP for Tentative Tract Map No. 34969) 1 " = 40' Horizontal D. Storm Drain Plans 1 " = 40' Horizontal, 1 " = 4' Vertical NOTE: A through D to be submitted concurrently. E. On -Site Street Improvements/Signing & Striping Plan 1 " = 40' Horizontal, 1 " = 4' Vertical The following plans shall be submitted to the Building and Safety Department for review and approval. The plans shall utilize the minimum scale specified, unless otherwise authorized by the Building and Safety Director 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. F. On -Site Residential Precise Grading Plan 1 " = 30' Horizontal 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 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. In addition to the normal set of improvement plans, an "On -Site Non -Residential Precise Grading" plan is required to be submitted for approval by the Building Official, Community Development Director, and the City Engineer. Resolution No. 2007-062 Conditions of Approval - FINAL Tentative Tract Map 34969 — Madison Club Clubhouse East of Madison, LLC July 3, 2007 Page 10 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 On -Site Non -Residential Precise Grading Plan when it is submitted for plan checking. "On -Site Non -Residential 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. 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-guinta.org). 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. At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the mylars in order to reflect the as -built conditions. 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 ("SIA") 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. Resolution No. 2007-062 Conditions of Approval - FINAL Tentative Tract Map 34969 — Madison Club Clubhouse East of Madison, LLC July 3, 2007 Page 11 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. 35. When improvements are phased through a "Phasing Plan," or an administrative approval (e.g., Site Development Permits), all 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. 36. 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 on -site improvements. B. Construct additional on -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. Resolution No. 2007-062 Conditions of Approval - FINAL Tentative Tract Map 34969 — Madison Club Clubhouse East of Madison, LLC July 3. 2007 Page 12 37. 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. 38. 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. 39. 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 40. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 41. 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. 42. 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 Resolution No. 2007-062 Conditions of Approval - FINAL Tentative Tract Map 34969 — Madison Club Clubhouse East of Madison, LLC July 3, 2007 Page 13 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. 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. 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. 43. 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. 44. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 45. Building pad elevations of perimeter lots shall not differ by more that one foot higher from the building pads in adjacent developments. 46. 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. 47. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus five tenths of a foot (0.51 from the elevations shown on the approved Tentative Tract Map, the applicant shall submit the proposed grading changes to the Public Works Department for a substantial conformance finding review. Resolution No. 2007-062 Conditions of Approval - FINAL Tentative Tract Map 34969 — Madison Club Clubhouse East of Madison, LLC July 3, 2007 Page 14 48. 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. DRAINAGE 49. The approved hydrology and drainage report for Tract Map No. 34969 shall be refined for this Tentative Tract Map for stormwater handling as approved by the City Engineer. 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. 06-15 - Underground Retention Basin Design Requirements. 50. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. L1Y11f11rMAti 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. Resolution No. 2007-062 Conditions of Approval - FINAL Tentative Tract Map 34969 — Madison Club Clubhouse East of Madison, LLC July 3, 2007 Page 15 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. Additionally, grease traps and the maintenance thereof shall be located as to not conflict with access aisles/entrances. CONSTRUCTION 55. The City will conduct final inspections of 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 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. The applicant shall submit the landscape plans for approval by the Community Development Department and green sheet sign off by the Public Works Department. When plan checking has been completed by the Community Development Department, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the Community Development Director, however landscape plans for landscaped median on public streets shall be approved by the both the Community Development Director and the City Engineer. Where City Engineer Resolution No. 2007.062 Conditions of Approval - FINAL Tentative Tract Map 34969 - Madison Club Clubhouse East of Madison, LLC July 3, 2007 Page 16 approval is not required, the applicant submits for a green sheet approval by the Public Works Department. Final landscape plans for on -site planting shall be reviewed by the ALRC and approved by the Community Development Director prior to issuance of first building permit. Final plans shall include all landscaping associated with this project. NOTE: Plans are not approved for construction until signed by the Community Development Director. 60. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Community Development Director. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 18 inches of curbs along public streets. 61. 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, 5" Edition or latest", in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right-of-way. QUALITY ASSURANCE 62. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 63. 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. 64. 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. Resolution No. 2007-062 Conditions of Approval - FINAL Tentative Tract Map 34969 — Madison Club Clubhouse East of Madison, LLC July 3, 2007 Page 17 65. 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. 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. MAINTENANCE 66. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 67. 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 68. 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. 69. Permits issued under this approval shall 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). 70. Tentative Tract 34969 shall provide for parks through payment of an in -lieu fee, as specified in Chapter 13.48, LQMC. The in -lieu fee (sometimes referred to as the "Quimby Fee") shall be based on the fair market value of the land within the subdivision. Land value information shall be provided to the Community Development Director, via land sale information, a current fair market value of land appraisal, or other information on land value within the subdivision. The Community Development Director may consider any subdivider -provided or other land value information source for use in calculation of the parkland fee. Resolution No. 2007-062 Conditions of Approval - FINAL Tentative Tract Map 34969 — Madison Club Clubhouse East of Madison, LLC July 3, 2007 Page 18 FIRE DEPARTMENT 71. Final Fire Department conditions will be addressed prior to final map. A plan check fee must be paid to the Fire Department at the time building plans are submitted. All questions regarding Fire Marshal conditions should be directed to the Fire Department Planning & Engineering staff at (760) 863-8886. COMMUNITY DEVELOPMENT 72. Prior to final map approval, the applicant shall submit to the Community Development Department and Public Works Director for review, a copy of any proposed Covenants, Conditions, and Restrictions (CC&R's) for the project. If Community Development Director determines City Attorney review is necessary, a deposit will be required for reimbursement of City Attorney review fees. 73. No Certificate of Occupancy (either temporary or final) for the Madison Club clubhouse site shall be issued by the Building and Safety Department until Tract Map 34969 has been recorded with the County of Riverside. Said map shall include the condominiumization of the five residential units on Lot 1.