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CC Resolution 2003-091 Legacy Villas TTM 31379RESOLUTION NO. 2003-091 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA aUlTA, CALIFORNIA, APPROVING A SUBDIVISION OF 44.g1 ACRES INTO 18 RESIDENTIAL AND OTHER COMMON LOTS LOCATED TO THE NORTHWEST OF THE INTERSECTION OF EISENHOWER DRIVE AND COACHELLA DRIVE CASE: TENTATIVE TRACT MAP 31379 APPLICANT: CENTEX DESTINATION PROPERTIES WHEREAS, the City Council of the City of La Quinta, California did, on the 16" day of September, 2003, hold duly noticed Public Hearing to consider a request by Centex Destination Properties to create 18 residential and other common lots on 44 t acres located to the northwest of the intersection of Coachella Drive and Eisenhower Drive in Tourist Commercial and Open Space Zoning Districts, more particularly described as: Assessor's Parcel Numbers 658-130-003 to -005 Parcel 1 of Lot Line Adjustment 2001-361 Portion of Section 36, T5S, R6E, SBBM WHEREAS, on July 14, 2003, . the Community Development Department mailed case file materials to all affected agencies for their review and comment. All written comments are on file with the Community Development Department; and WHEREAS, the City's Architecture and Landscape Review Committee reviewed this project on August 6, 2003, and on a 3-0 vote adopted Minute Motion 2003-031,K, recommended approval of the development plans, subject to specific landscaping requirements being met during plan check; and WHEREAS, the Community Development Department published the public hearing notice in the Desert Sun Newspaper on August 25, 2003, for the September 16, 2003 meeting, as prescribed by Section 13.12.100 (Public Notice Procedure) of the Subdivision Ordinance. Public hearing notices were also mailed to all property owners and residents within 500 feet of the tract map site; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 12' day of August, 2003, continue the public hearing to 9t' day of September, 2003, without discussion on 4-0 vote; and Resolution No. 2003-091 Tentative Tract Map 31379 - Centex Adopted: September 16, 2003 Page 2 WHEREAS, the City's Historic Preservation Commission reviewed the applicant's Phase II Archaeological Assessment on August 29, 2003, determining site monitoring was necessary during grading activities and that a conservation easement was needed for historic milling stations pursuant to adoption of Minute Motion 2003-01 1; and WHEREAS, the Planning Commission did on September 9, 2003, recommend to the City Council approval of TTM 31379 by adoption of Resolution 2003-064 on a 3-0 vote, subject to the attached conditions; and WHEREAS, the Community Development Department has completed Environmental Assessment 2003-478. Based upon this Assessment, the project will not have a significant adverse effect on the environment; therefore, a Mitigated Negative Declaration is recommended. A Notice of Intent to Adopt a Mitigated Negative Declaration was posted with the Riverside County Recorder's office on July 17, 2003, as required by Section 15072 of the California Environmental Quality Act statutes; and WHEREAS, at the Public Hearing upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, said City Council did make the following Mandatory Findings to justify approval of said Map: Finding A - Consistency with General Plan and applicable Specific Plans. The property is designated Tourist Commercial and Open Space which allows resort residential activities and conservation of hillside areas. The developer's project proposes residential lots for 280 units on the flat areas of the site with a perimeter retention basin around the project abutting toe -of -slope areas. This project is consistent with the goals, policies and intent of the La Quinta General Plan insofar as the creation of large residential lots for resort condominiums (six dwelling units per acre) will provide another type of housing market for La Quinta residents. Conditions are recommended requiring on- and off -site improvements based on the City's General Plan Circulation Element provisions. The property is designated Tourist Commercial and Open Space and is consistent with the City's General Plan Land Use Element. One- and two-story attached houses are proposed ranging in size from 1,300 square feet to 2,090 square feet under Site Development Permit 2003-778. The houses are plotted on private streets with common open space areas. The development of the project, as conditioned, will be compatible with the surrounding area, including the proposed Specific Plan. Resokstion No. 2003-091 Tentative Tract Map 31379 - Centex Adopted: September 16, 2003 Page 3 Finding B - Site Design and Improvements Infrastructure improvements to serve this project are located in the immediate area and will be extended based on the recommended Conditions of Approval. The private on -site street will provide access to the resort houses in compliance with Ci y requirements. Th subdivision layout is consistent with the Land Use Vision Statement in the Ci y's General Plan, which focuses on the facilitation and integration of development, through desirable design of residential developments to enhance the Ci y's quality of life. ings C through E - Compliance with the California Environmental Quality Act Va ious environmental studies were prepared for this project, and after careful ev luations, the Historic Preservation Commission and various City Departments -- ha a determined that the proposed Map could not have a significant adverse im act on the environment provided that recommended mitigation is incorporated int the project pursuant to Environmental Assessment 2003-478. Fiddina F - Public Health Concerns Th design of the proposed subdivision map, and its related improvements, are not lik ly to cause serious public health problems, in that responsible agencies have re iewed the project for these issues with no significant concerns identified. The he Ith, safety and welfare of current and future residents can be assured based on th recommended conditions, which serve to implement mitigation measures for th project. The Fire Department has evaluated the street design layout and recommended approval subject to certain standards being met, including fire hydrant spacing, access gating design parameters, emergency only access connections,, etc. is I fur Co rel; wii 3. improvements comply with City requirements, provided on -site water retention candled in common basin(s). Dust control measures shall be required during any ther on -site construction work as required by Chapter 6.16 of the Municipal Je. The site is physically suitable for the proposed land division, as the area is itively flat and without physical constraints, and the Map design is consistent h other surrounding residential neighborhoods. Resolution No. 2003-091 Tentative Tract Map 31379 - Centex Adopted: September 16, 2003 Page 4 Under the City's General Plan (Chapter 5) policies, citywide recreation and park development is required. This project, as conditioned, shall comply with Chapter 13.48 of the Subdivision Ordinance during plan check review. Finding G - Site Design (Public Easements) Easements will be retained and required in order to provide access and related infrastructure improvements for the construction of the houses on the proposed lots, ensuring adequate facilities for future homeowners in compliance with Section 13.24.100 of the Subdivision Ordinance. 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 correct and constitute the findings of said City Council in this case; and 2. That it does hereby certify Environmental Assessment 2003-478 in that no significant effects on the environment were identified, provided mitigation measures are met; and 3. That it does hereby approve Tentative Tract Map 31379 for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held .on this 16t' day of September, 2003, by the following vote, to wit: AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph NOTES: None ABSENT: None ABSTAIN: None DON AD LPH, Mayor City of La Quinta, California Resolution No. 2003-091 Tentative Tract Map 31379 - Centex Adopted: September 16, 2003 Page 5 ATTEST: JU . GREEK, CMC, City Clerk City of La Quinta, California (CITY CLERK) APPROVED AS TO FORM: A" M. KATHERINE JENSON, ity ttorney City of La Quinta, California CITY COUNCIL RESOLUTION 2003-091 CONDITIONS OF APPROVAL — FINAL t TENTATIVE TRACT MAP 31379, CENTEX SEPTEMBER 16, 2003 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 thereunder. 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 thereunder, 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-quinta.org. 3. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain the necessary clearances and/or permits from the following agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District (DSUSD) • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency 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. Resolution No. 2003-091 Conditions of Approval - Final Tentative Tract Map 31379, Centex Adopted: September 16, 2003 Page 2 4. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08-DWQ . A. For construction activities including clearing, grading or excavation of land that disturbs five (5) acres or more of land, or that disturbs less than five (5) acres of land, but which is a part of a construction project that encompasses more than five (5) acres of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. 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. The map shall be recorded within two years, unless an extension is granted pursuant to the requirements of Subdivision Ordinance. �. Resolution No. 2003-091 Conditions of Approval - Find Tentative Tract Map 31379, Centex Adopted: September 16, 2003 Page 3 PROPERTY RIGHTS 6. 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. 7. The applicant shall offer for dedication on the Final Map all public street right-of- ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 8. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Eisenhower Drive (Primary Arterial, Option B 100' ROW) — 50- foot from the centerline of the existing raised median. 2) Additional right of way dedication as needed to implement the realignment of the northwesterly half of the Eisenhower Drive and other improvements as described in Condition No. 55(A). The applicant shall make a good faith effort to acquire said additional right of way dedication from the property owner to the south, KSL Development Corporation. If the applicant is unable to acquire the needed right if way, the applicant shall request the City Council to consider acquiring the right of way via eminent domain at the applicant's expense. 9. The applicant shall retain for private use on the Final Map all private street right- of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 10. Private street right-of-ways to be retained for private use required for this development include: A. PRIVATE STREETS Resolution No. 2003-091 Conditions of Approval - Final Tentative Tract Map 31379, Centex Adopted: September 16, 2003 Page 4 1) Entry Drive — 76-foot right of way to accommodate improvements as described in Condition No. 55 (131). Additional right of way dedication as needed for the Entry Drive connection (Lot A) to Eisenhower Drive as shown on the Tentative Tract Map 31379. 2) Private Streets: 36-foot travel width measured gutter flow line to gutter flow line with parking allowed on both sides of the streets. The travel width may be reduced to 32 feet with parking restricted to one side, and 28 feet if on -street parking is prohibited, and provided there is adequate off-street parking for residents and visitors, and the applicant 'makes provisions for ongoing enforcement of the parking restriction. Property line shall be placed at the back of curb similar to the lay out and the typical street section shown in the tentative map. Use of smooth curves instead of angular lines at property lines is recommended. Curve radii for curbs at all street intersections shall not be less than 25 feet except at the entry roads similar to the lay out shown on the rough grading plan. 11. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. 12. When the City Engineer determines that access rights to the proposed street right-of-ways shown on the approved Tentative Tract Map are necessary prior to approval of the Final Map dedicating such right-of-ways, the applicant shall grant the necessary right-of-ways within 60 days of a written request by the City. 13. The applicant shall offer for dedication on the Final Map a ten -foot wide public utility easement along both sides of all private streets. Such easement may be reduced to five feet in width with the express written approval of IID. 14. The applicant shall create perimeter landscaping setbacks along all public right- of-ways as follows: �.. Resolution No. 2003-091 Conditions of Approval - Final Tentative Tract Map 31379, Centex Adopted: September 16, 2003 Page 5 A. Eisenhower Drive (Primary Arterial, Option 6) - 20-foot from the R/W-P/L. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes and any additional right of way dedicated from KSL Development Corporation. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 15. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, parklands, and common areas on the Final Map. 16. Direct vehicular access to Eisenhower Drive from lots with frontage along Eisenhower Drive is restricted, except for those access points identified on the tentative tract map, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final tract map. 17. 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. 18. , The applicant shall grant easement for an access road, identified as Lot F, connecting Tract 29436 to the proposed entry drive prior to recording of Tract 31379. 19. When an applicant proposes the vacation, or abandonment, of any existing right-of-way, or access easement, the recordation of the tract map is subject to the applicant providing an alternate right-of-way or access easement, to those properties, or notarized letters of consent from the affected property owners. 20. . 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. Resolution No. 2003-091 Conditions of Approval - Final Tentative Tract Map 31379, Centex Adopted: September 16, 2003 Page 6 FINAL MAPS 21. Prior to the City's approval of a Final Map, the applicant shall furnish accurate AutoCAD files of the Final Map that was approved by the City's map checker on a storage media acceptable to the City Engineer. Such files shall be in a standard AutoCAD format so as to be fully retrievable into a basic AutoCAD program. Where a Final Map was not produced in an AutoCAD format, or produced in a file that can be converted to an AutoCAD format, the City Engineer will accept a raster -image file of such Final 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. 22. 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. 23. The following improvement plans shall be prepared and submitted for review and approval by the City. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. Off -Site Street Plan: 1 " = 40' Horizontal, 1 " = 4' Vertical The street improvement plans shall include permanent traffic control and separate plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, mounding, and berming design in the combined parkway and landscape setback area. B. On -Site Street Plan: 1 if = 40' Horizontal, 1 " = 4' Vertical C. On -Site Rough Grading Plan: lit = 40' Horizontal D. On -Site Precise Grading Plan: 1 if = 30' Horizontal Resolution No. 2003-091 E Conditions of Approval - Final { Tentative Tract Map 31379, Centex Adopted: September 16, 2003 Page 7 Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All Off -Site Plan & Profile Street Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1- foot of cover, or sufficient cover to clear any adjacent obstructions. 24. The City maintains standard plans, detail sheets and/or construction notes for elements of construction. For a fee, established by City Resolution, the applicant may purchase such standard plans, detail sheets and/or construction notes from the City. 25. The applicant shall furnish a complete set of the AutoCAD files of all approved improvement plans on a storage media acceptable to the City Engineer. The files shall be saved- in a standard AutoCAD format so they may be fully retrievable through a basic AutoCAD program. At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the AutoCAD files in order to reflect the as -built conditions. Where the improvement plans were not produced in a standard AutoCAD format, or a file format that can be converted to an AutoCAD format, the City Engineer will accept raster -image files of the plans. IMPROVEMENT SECURITY AGREEMENTS 26. 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. Resolution No. 2003-091 Conditions of Approval - Final Tentative Tract Map 31379, Centex Adopted: September 16, 2003 Page 8 27. 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. 28. 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. 29. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. GRADING 30. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 31. 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. 32. 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 or architect, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC, and D. A Best Management Practices report prepared in accordance with Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), LQMC. P_ Resdution No. 2003-091 [ Conlitions of Approval - Find Tentative Tract Map 31379, Centex F Adopted: September 16, 2003 Page 9 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. 33. 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. 34. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e., the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six (6) of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches 0 8") behind the curb. 35. 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. 36. Building pad elevations of perimeter lots shall not differ by more that one foot from the building pads in adjacent developments. 37. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. Resolution No. 2003-091 Conditions of Approval - Final Tentative Tract Map 31379, Centex Adopted: September 16, 2003 Page 10 Building pad elevations on contiguous interior lots shall not differ by more than three feet except for lots that do not share a common street frontage, where the differential shall not exceed five feet. 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. 38. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus three tenths of a foot from the elevations shown on the approved Tentative Tract Map, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 39. 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. 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. nRAINAi;F 40. The applicant shall comply with the provisions of Section 13.24.120 (Drainage), LQMC, Engineering Bulletin No. 97.03. More specifically, stormwater falling on site during the 100-year 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. The design storm shall be either the 3-hour, 6-hour or 24-hour event producing the greatest total runoff. 41. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site -specific data indicating otherwise. Resolution No. 2003-091 Conditions of Approval - Final Tentative Tract Map 31379, Centex Adopted: September 16, 2003 Page 11 42. Nuisance water shall be retained on site. In residential developments, nuisance water shall be disposed of in a trickling sand filter and leach field approved by the City Engineer. The sand filter and leach field shall be designed to contain surges of up to 3 gph/1,000 sq. ft. of landscape area, and infiltrate 5 gpd/1,000 sq. ft. 43. The project shall be designed to accommodate purging and blowoff water (through underground piping and/or retention facilities) from any on -site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. 44. No fence or wall shall be constructed around any retention basin unless approved by the Community Development Director and the City Engineer. 45. For on -site common retention basins, retention depth shall be according to Engineering Bulletin 97.03 and Amendment #1, and side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. 46. Stormwater- may not be retained in landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to Section 9.100.040(B)(7), LQMC. 47. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 48. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic drainage relief route. 49. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. UTILITIES 50. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. Resolution No. 2003-091 Conditions of Approval - Final Tentative Tract Map 31379, Centex Adopted: September 16, 2003 Page 12 51. 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. 52. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. 53. 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. STREET AND TRAFFIC IMPROVEMENTS 54. 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. 55. The applicant shall construct the following street improvements to conform with the General Plan. A. OFF -SITE STREETS 1) Eisenhower Drive (Primary Arterial; 100' R/W option): Widen the westerly side of the street to 38-foot half of the ultimate 76-foot street improvement width on the west side as specified in the General Plan and the additional requirements of these conditions. Resolution No. 2003-091 Conditions of Approval - Final Tentative Tract Map 31379, Centex Adopted: September 16, 2003 Page 13 The applicant shall participate in fifty percent (50%) of the cost to design and reconstruct the 12-foot wide landscaped median in a new alignment that is shifted ten and one-half feet (10.5') away from the southeasterly curb of Eisenhower Drive at Coachella Drive to accommodate south -to -north U-turn traffic and improve sight distance at this intersection. The realignment transition shall be accomplished with a 1,800-foot radius curve coupled with appropriate transitions to be determined during design. Approximately 750' of median adjacent to and south of tract 31376 shall be realigned. The applicant's engineer shall coordinate with the subdivider of Tentative Tract No. 29436 in the design and construction of the Eisenhower Drive realignment specified above. Other required improvements in the Eisenhower Drive right of way and/or adjacent landscape setback area include: a) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. b) Class I Off Street Golf Pathway — Construct 12-foot wide meandering pathway within the 32-foot wide parkway/landsaape set back from Coachella Drive to Avenida Fernando. The design of the pathway shall be as approved by the City Engineer. c) Traffic signal modification of existing traffic signal system at the Eisenhower Drive and Coachella Drive intersection to accommodate the fourth leg. The applicant shall extend improvements beyond the subdivision boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). Resolution No. 2003-091 Conditions of Approval - Final Tentative Tract Map 31379, Centex Adopted: September 16, 2003 Page 14 B. PRIVATE STREETS 1) Entry Drive (Lot A) - Construct full improvements within a 56-foot street improvements which shall be divided into one 20-foot traveled way ingress roadway and one 24-foot traveled way egress roadway (one 12-foot left-turn/through lane and one 12- foot right -turn lane) with a 12-foot center landscaped median, and extending at least 75 feet from the nearest point of the Eisenhower Drive/Coachella Drive intersection to provide adequate throat for a four vehicle queue. 2) Access Road (Lot F) - Construct 36-foot wide travel width and approved curb and gutter consistent with street improvements of the access road proposed on Tract 29436. The intersection of Lot F with the Entry Drive (Lot A) shall be located at least 75 feet from the nearest point of the Eisenhower Drive/Coachella Drive intersection per requirements of 1) above. 3) Private Residential Streets (Lots B through E) : a) Construct 36-foot wide travel width improvements measured from gutter flow line to gutter flow line and approved curb and gutter as shown on the tentative map where parking is allowed on both sides of the street. b) Construct 32-foot wide travel width as shown on the tentative map provided parking is restricted to one side and there is adequate off-street parking for residents and visitors, and the applicant makes provisions for perpetual enforcement of the restrictions. c) Construct 28-foot wide travel width improvements. On - street parking shall be prohibited and the applicant shall make provisions for perpetual enforcement of the "No Parking" restrictions. Entry drives, main interior circulation routes, standard knuckles, corner cutbacks, bus turnouts, dedicated turn lanes and other features shown on the approved construction plans, may require additional street widths as may be determined by the City Engineer. Resolution No. 2003-091 Conditions of Approval - Find Tentative Tract Map 31379, Centex i Adopted: September 16, 2003 Page 16 56. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Residential 3.0" a.c./4.5" c.a.b. Collector 4.0" a.c./5.0" Primary Arterial 4.5" a.c./6.0" or the approved equivalents of alternate materials. 57. 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. 58. General access points and turning movements of traffic are limited to the following: A. Primary Entry (Eisenhower Drive): Full turn movements at existing signalized intersection of Eisenhower Drive and Coachella Drive. 59. 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. 60. 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. Resolution No. 2003-091 Conditions of Approval - Final Tentative Tract Map 31379, Centex Adopted: September 16, 2003 Page 16 CONSTRUCTION 61. 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. LANDSCAPING 62. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 63. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 64. 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 the landscape plans for approval by the Community Development Department (CDD), prior to plan checking by the Public Works Department. When plan checking has been completed by CDD, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the City Engineer. NOTE: Plans are not approved for construction until signed by the. City Engineer. 65. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 18 inches of curbs along public streets. PUBLIC SERVICES 66. The applicant shall provide public transit improvements as required by SunLine Transit Agency and approved by the City Engineer. Resokrtion No. 2003-091 Conditions of Approval - Final j Tentative Tract Map 31379, Centex Adopted: September 16, 2003 Page 17 QUALITY ASSURANCE 67. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 68. 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. 69. 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. 70. 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 AutoCAD or raster -image files previously submitted to the City, revised to reflect the as -built conditions. MAINTENANCE 71. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 72. 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 73. 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. Resolution No. 2003-091 Conditions of Approval - Final Tentative Tract Map 31379, Centex Adopted: September 16, 2003 Page 18 74. 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). The developer shall pay school mitigation fees based on their requirements. Fees shall be paid prior to building permit issuance by the City. 75. The Community Development Director shall cause to be filed with the County Clerk a "Notice of Determination" pursuant to CEQA Guideline § 15075(a) once reviewed by the City Council. 76. The applicant shall comply with the provisions of Section 13.48 (Park Dedications) of the La Quinta Municipal Code prior to final map recordation. FIRE DEPARTMENT 77. For residential areas (i.e. single family homes), approved standard fire hydrants shall be located at each intersection and spaced 330 feet apart with no portion of any lot frontage more than 165 feet from a hydrant. Minimum fire flow shall be 1,000 GPM for a two-hour duration at 20 PSI. 78. For any buildings with public access (i.e., recreational halls, clubhouses, etc. or buildings with a commercial use (i.e., gatehouses, condo's, apartments, etc.), super fire hydrants are to be placed no closer than 25 feet and not more than 165 feet from any portion of the first floor of said building following approved travel ways around the exterior of the building. Minimum fire flow for these areas would be 1,500 GPM for a two-hour duration at 20 PSI. 79. Blue dot retro-reflectors shall be placed in the street eight inches from centerline to the side that the fire hydrant is on, to identify fire hydrant locations. 80. All buildings that are 5,000 square feet or larger shall be fully sprinkled (NFPA 13 Standard), unless otherwise allowed by the Fire Marshal. Sprinkler plans shall be approved by the Fire Department. Area separation walls may not be used to reduce the need for sprinklers. 81. Any street turn, or turnaround, requires a minimum 38-foot turning radius. 82. All structures shall be accessible from an approved roadway to within 150 feet of all portions of the exterior of the first floor. Resokrtion No. 2003-091 Conditions of Approval - Final Tentative Tract Map 31379, Centex Adopted: September 16, 2003 Page 19 83. The minimum dimension for access roads and gates is 20 feet clear and unobstructed width and a minimum vertical clearance of 13 feet 6 inches in height. Roadways may not exceed 1,320 feet without secondary access. This access may be restricted to emergency vehicles only however, public egress must be unrestricted. Any gate providing access from a public roadway to a private entry roadway shall accommodate a minimum two vehicle stacking distance from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Where a one-way road with a single traffic lane provides access to a gate entrance, a 38-foot turning radius shall be used. Gates shall be automatic, minimum 20 feet in width and shall be equipped with a rapid entry system (KNOX). Plans shall be submitted to the Fire Department for approval prior to installation. Automatic gate pins shall be rated with a shear pin force, not to exceed 30 pounds. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. 84. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. Two sets of water plans are to be submitted to the Fire Department for approval. 85. The applicant or developer shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or signs. 86. Building plan check (non-residential, if any) is to run concurrent with the City plan check. MISCELLANEOUS 87. All public agency letters received for this case are made part of the case file documents for plan checking purposes. 88. All mitigation measures included in Environmental Assessment 2003-478 are r -- hereby included in this approval. A conservation easement shall be placed over t the historic milling stations in perpetuity. The City Attorney shall review the conservation easement before being recorded with the County of Riverside. Resolution No. 2003-091 Conditions of Approval - Final Tentative Tract Map 31379, Centex Adopted: September 16, 2003 Page 20 89. A permit from the Community Development Department is required for any temporary or permanent tract signs. Unlighted tract ID signs are allowed subject to the provisions of Chapter 9.160 of the Zoning Ordinance. 90. The Community Development and Public Works Directors may allow minor design changes to final map applications that include a reduction in the number of buildable lots, changes in lot sizes, relocation of common open space areas or other required public facilities (e.g., CVWD well sites, etc.) and changes in the alignment of street sections, provided the applicant submits a Substantial Compliance Application to the Public Works Department during plan check disclosing the requested changes and how the changes occurred. These changes shall be conveyed to the City Council when the map is presented for recordation consideration. 91. Prior to submitted the Final Map for plan check consideration, the following corrections and/or information shall be provided: A. Two copies of the draft Covenants, Conditions and Restrictions (CC&R's). The City Attorney shall approve the document prior to approval of the final map by the City Council. The CC&R's shall contain language reflecting the following provisions: "On -street parking of any recreational vehicles (e.g., boats, motor homes, trailers, buses, campers, mobile homes, inoperable vehicles, or other similar vehicles) shall be prohibited at all times within the residential tract. Parking for such vehicles shall be restricted to storage on the property behind a masonry wall of not less than six feet in height, which is equipped with a solid gate that shields the subject vehicle from view from the street. Temporary parking in designated areas is permitted for a maximum of 24 hours as RV's are prepared for use or storage. Bighorn sheep mitigation measures addressed in EA 2003-478 shall also be enclosed in the CC&R's. B. Street Lot "A" shall be designated Coachella Drive and Street Lot "F" shall be designated Full Moon Bay as required by Chapter 3 (Program 2.14) of the General Plan. C. A minimum of three street names shall be submitted for each private street shown on the Map exhibit. A list of the names in ranking order shall be submitted to the Community Development Department for approval during final map processing.