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CC Resolution 2004-139RESOLUTION NO. 2004-139 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING DEVELOPMENT PRINCIPLES AND DESIGN GUIDELINES TO ALLOW 392 SINGLE-FAMILY HOMES, A TEN ACRE COMMERCIAL LOT AND MISCELLANEOUS LOTS ON A ± 110.90 ACRE SITE LOCATED AT THE NORTHEAST CORNER OF MONROE STREET AND AVENUE 60. CASE NO.: SPECIFIC PLAN 2004-072 APPLICANT: ROBERT SCHUMACHER WHEREAS, the City Council of the City of La Quinta, California, did, on the 161h day of November, 2004 hold a duly noticed Public Hearing to consider a request by Robert Schumacher for approval of development principles and design guidelines for a Specific Plan to allow 392 single-family homes, a ten acre commercial lot and miscellaneous lots, on a 110.90 acre site, generally located at the northeast corner of Monroe Street and Avenue 60, more particularly described as follows: APNs: 764-240-002, 003, 004 & 005 WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 141h day of September 2004, hold a duly noticed Public Hearing to consider a request by Robert Schumacher for approval of development principles and design guidelines for a Specific Plan to allow 392 single-family homes, a ten acre commercial lot and miscellaneous lots, on a 110.90 acre site; and, WHEREAS, the Planning Commission adopted Resolution 2004-066 recommending to the City Council approval of said Specific Plan; and, WHEREAS, said Specific Plan application has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970"' (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared an Environmental Assessment 2004-513, and has determined that although the proposed project could have a significant adverse impact on the environment, mitigation measures have been imposed on the project that would reduce impacts to less than significant levels, and therefore, a Mitigated Negative Declaration of environmental impact is recommended for certification; and, Resolution No. 2004-139 Specific Plan 2004-072 Robert Schumacher Adopted: November 16, 2004 Page 2 WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following findings pursuant to Section 9.240.010 of the Zoning Code to justify approval of said Specific Plan: 1. The proposed project is consistent with the goals and policies of the General Plan in that the design, height, scale and mass of the project are compatible with the Medium Density Residential (MDR) land use designation. The commercial portion of the project will be processed under a separate permits and be consistent with the Neighborhood Commercial Land Use designation. 2. Approval of the proposed project will not create conditions materially detrimental to public health, safety and general welfare in that the proposed project is consistent with the Specific Plan for the project. 3. The proposed project is compatible in terms of land uses, in that it is consistent with the type of development allowed under the City's General Plan under the Medium Density Residential (MDR) and Neighborhood Commercial (NC) designation. 4. The proposed project is suitable and appropriate for the subject site in that it is zoned for residential and neighborhood commercial uses in accordance with the Specific Plan, Zoning Code, and the goals, objectives and policies of the City's General Plan. 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 the La Quinta City Council for this Specific Plan; 2. That it does hereby approve Specific Plan 2004-072 for the reasons set forth in this Resolution, subject to the Conditions of Approval attached hereto; PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 161h day of November, 2004, by the following vote, to wit: Resolution No. 2004-139 Specific Plan 2004-072 Robert Schumacher Adopted: November 16, 2004 Page 3 AYES: Council Members Henderson, Perkins, Sniff, Mayor Adolph NOES: Council Member Osborne ABSENT: None ABSTAIN: None DONALD ADO H, i4yor City of La Quinta, California ATTEST: OLLWE . GREEK, CMC, ity Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: ,Xr 1 e . KATHERINE JEN N, City Attorney City of La Quints, alifornia CITY COUNCIL RESOLUTION NO. 2004-139 CONDITIONS OF APPROVAL - FINAL SPECIFIC PLAN 2004-072 — ROBERT SCHUMACHER NOVEMBER 16, 2004 GFNFRAI 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 Specific Plan. 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 Specific Plan 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 any 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 • Coachella Valley Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency • SCAQMD Coachella Valley 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. 2004-139 Conditions of Approval - FINAL Specific Plan 2004-072 - Robert Schumacher November 16, 2004 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 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 his/her designer 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. 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. Resolution No. 2004-139 Conditions of Approval - FINAL Specific Plan 2004-072 - Robert Schumacher November 16, 2004 Page 3 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). 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) Monroe Street (Primary Arterial, Option A 1 10' ROW) — The standard 55 feet from the centerline of Monroe Street for a total 110-foot ultimate developed right of way except an additional variable right of way dedication at the proposed primary residential project entry and at the proposed Commercial Project Site access driveway measured sixty one feet (61') east of the centerline of Monroe Street and length to be determined by a traffic study prepared for the applicant by a licensed traffic engineer per Engineering Bulletin # 03-08. As a minimum, the required right of way shall be for a length of 100 feet plus a variable dedication of an additional 50 feet to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS. Resolution No. 2004-139 Conditions of Approval - FINAL Specific Plan 2004-072 - Robert Schumacher November 16, 2004 Page 4 2) Avenue 60 (Primary Arterial, Option A 110' ROW) — The standard 55 feet from the centerline of Avenue 60 for a total 110-foot ultimate developed right of way except for an additional variable right of way dedication 'at the proposed secondary residential entry and at the proposed primary Commercial Project Site access driveway measured sixty one feet (61') north of the centerline of Avenue 60 and length to be determined by a traffic study prepared for the applicant by a licensed traffic engineer per Engineering Bulletin # 03-08. As a minimum, the required right of way shall be for a length of 100 feet plus a variable dedication of an additional 50 feet to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS. 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. The private street right-of-ways to be retained for private use required for this development include: A. PRIVATE STREETS Private Residential Streets measured at gutter or curb flow line to gutter or curb flow line shall be 35 feet with parking restricted to one side, and provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Engineering Department prior to recordation. Curb design to be approved by the City Engineer. B. ALLEYS REAR LANES Alley rear lanes shall have a minimum travel width of 20 feet provided that parking is prohibited on both sides, there is adequate off-street parking for residents and visitors, and provisions are established 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 alley rear lane travel width and pavement structure shall also be approved by the Fire Department. Resolution No. 2004-139 Conditions of Approval - FINAL Specific Plan 2004-072 - Robert Schumacher November 16, 2004 Page 5 11. Dedications shall include additional widths as necessary for dedicated right and left, turn lanes, possible shared bus turnouts for SunLine and the Coachella Valley Unified School District, and other features contained in the approved construction plans. Pursuant to this requirement, the Applicant shall include in the submittal packet containing the draft final map submitted for map checking, an offsite street geometric layout, drawn at 1 " equals 40 feet, detailing the following design aspects: median curb line, outside curb line, lane line alignment including lane widths, left turn lanes, deceleration lane(s) and bus stop turnout(s). The geometric layout shall be accompanied with sufficient professional engineering studies to confirm the appropriate length of all proposed turn pockets and auxiliary lanes that may impact the right-of-way dedication required of the project and the associated landscape setback requirement. 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 when submitted, a ten -foot wide public utility easement contiguous with, and along both sides of all private streets. Such easement may be reduced to five feet in width with the express written approval of Imperial Irrigation District. 14. The applicant shall create perimeter landscaping setbacks along all public right-of-ways as follows: A. Monroe Street (Primary Arterial) - 20-foot from the R/W-P/L. B. Avenue 60 (Primary Arterial) - 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. 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. Resolution No. 2004-139 Conditions of Approval - FINAL Specific Plan 2004-072 - Robert Schumacher November 16, 2004 Page 6 15. Direct vehicular access to Monroe Street and Avenue 60 from lots with frontage along Monroe Street and Avenue 60 is restricted, except for those access points identified on Tentative Tract No. 32398 and Specific Plan 2004-072, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final tract map. 16. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. IMPROVEMENT PLANS As used throughout these Conditions of .Approval, professional titles such as "engineer," "surveyor," and "architect," refers 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/or architects, as appropriate, and shall comply with the provisions of Section 13.24.040 (Improvement Plans), LQMC. 18. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Rough Grading Plan lit = 40' Horizontal B. PM 10 Plan 1 " = 40' Horizontal C. SWPPP 1 " = 40' Horizontal D. Storm Drain Plans 1 " = 40' Horizontal E. On -Site Commercial Precise Grading Plan 1 " = 20' Horizontal Resolution No. 2004-139 Conditions of Approval - FINAL Specific Plan 2004-072 - Robert Schumacher November 16, 2004 Page 7 F. Off -Site Street Plan 1 " = 40' Horizontal, 1 " = 4' Vertical G. Off -Site Signing & Striping Plan 1 " = 40' Horizontal The Off -Site street improvement, plans shall have separate plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, mounding, and berming design in the combined parkway and landscape setback area. H. On -Site Street Plan 1 " = 40' Horizontal, 1 " = 4' Vertical I. On -Site Signing & Striping Plan 1 " = 40' Horizontal 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. a. 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 Off -Site Plan & Profile Street Plans and Signing & Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. All On -Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. Resolution No. 2004-139 Conditions of Approval - FINAL Specific Plan 2004-072 - Robert Schumacher November 16, 2004 Page 8 "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. "On -Site Precise Grading/Site Development" 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. 19. The City maintains standard plans, detail sheets and/or construction notes for elements of construction on the Public Works Online Engineering Library at http://www.la-quinta.orq/publicworks/tractl/z onlinelibrary/0 intropage.htm. 20. 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 21. 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. 22. 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 Tentative Tract No. 32398 or Specific Plan 2004-072, shall comply with the provisions of Chapter 13.28 (Improvement Security), LQMC. Resolution No. 2004-139 Conditions of Approval - FINAL Specific Plan 2004-072 - Robert Schumacher November 16, 2004 Page 9 23. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. When improvements are phased through a "Phasing Plan," or an administrative approval (e.g., Site Development Permits), all off -site improvements and common on -site improvements (e.g., backbone utilities, retention basins, perimeter walls, landscaping and gates) shall be constructed, or secured through a SIA, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer. Improvements and obligations required of each subsequent phase shall* either be completed, or secured through a SIA, prior to the completion of homes or the occupancy of permanent buildings within such latter phase, or as otherwise approved by the City Engineer. In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a time 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. 24. Depending on the timing of the development of Tentative Tract No. 32398 or Specific Plan 2004-072, and the status of the off -site improvements at the time, the applicant may be required to: A. Construct certain off -site improvements. B. Construct additional off -site improvements, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this tentative tract map. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these means, as the City may require. Resolution No. 2004-139 Conditions of Approval - FINAL Specific Plan 2004-072 - Robert Schumacher November 16, 2004 Page 10 Off -Site Improvements should be completed on a first priority basis. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 25. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on -site and off -site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule adopted by City resolution, or ordinance. For items not listed in the City's unit cost schedule, the proposed unit costs shall be approved by the City Engineer. At the time the applicant submits its detailed construction cost estimates for conditional approval of the Final Map by the City Council, the applicant shall also submit one copy each of an 8-1/2 if x 11 " reduction of each page of the Final Map, along with a copy of an 8-1/2 11 x 11 " Vicinity Map. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. GRADING 26. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 27. 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. 28. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: Resolution No. 2004-139 Conditions of Approval - FINAL Specific Plan 2004-072 - Robert Schumacher November 16, 2004 Page 11 A. A grading plan prepared by a qualified engineer, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC, and D. A Best Management Practices report prepared in accordance with Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), LQMC. 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. 29. 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. 30. 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 0 .5") in the first eighteen inches (18") behind the curb. Resolution No. 2004-139 Conditions of Approval - FINAL Specific Plan 2004-072 - Robert Schumacher November 16, 2004 Page 12 31. 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. 32. Building pad elevations of perimeter lots shall not differ by more that one foot from the building pads in adjacent developments. 33. 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. 34. 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. 35. This development shall comply with Chapter 8.11 (Flood Hazard Regulations), LQMC. If any portion of any proposed building lot in the development is or may be located within a flood hazard area as identified on the City's Flood Insurance Rate Maps, the development shall be graded to ensure that all floors and exterior fill (at the foundation) are above the level of the project (100-year) flood and building pads are compacted to 95 % Proctor Density as required in Title 44 of the Code of Federal Regulations, Section 65.5(a) (6). Prior to issuance of building permits for lots which are so located, the applicant shall furnish elevation certifications, as required by FEMA, that the above conditions have been met. Resolution No. 2004-139 Conditions of Approval - FINAL Specific Plan 2004-072 - Robert Schumacher November 16, 2004 Page 13 DRAINAC,F 36. The applicant shall revise proposed retention basins to 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. Additionally, the 100 year stormwater shall be retained within the interior street right of way. 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 run off. 37. 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. 38. Nuisance water shall be retained on site. In residential developments, nuisance water shall be disposed of in a trickling sand filter and leach field or equivalent system approved by the City Engineer. The sand filter and leach field shall be designed to contain nuisance water surges totaling the following: 3.43 gph/2,000 sq. ft. of landscape area, 3.43 gph per residential unit, 416.7 gallons per hour per well site and off -site street nuisance water. The sand filter design shall be per La Quinta Standard 370 with the equivalent of 137.2 gph of water feed per sand filter to accept the abovementioned nuisance water requirements. Leach line requirements are 1 .108 feet of leach line per gph of flow. 39. 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. 40. No fence or wall shall be constructed around any retention basin unless approved by the Community Development Director and the City Engineer. 41. For on -site common retention basins, retention depth shall be according to Engineering Bulletin 97.03, and side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. For retention basins on individual lots, retention depth shall not exceed two feet. Resolution No. 2004-139 Conditions of Approval - FINAL Specific Plan 2004-072 - Robert Schumacher November 16, 2004 Page 14 42. 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. 43. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 44. 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. 45. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. UTILITIES 46. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 47. 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. 48. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 49. 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. Resolution No. 2004-139 Conditions of Approval - FINAL Specific Plan 2004-072 - Robert Schumacher November 16, 2004 Page 15 The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 50. 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. 51. The applicant shall construct the following street improvements to conform with the General Plan with street type noted in parentheses. A. OFF -SITE STREETS 1) Monroe Street (Primary Arterial, Option A; 1 10' R/W): Widen the east side of the street along all frontage adjacent to the Specific Plan boundary to its ultimate width on the east side as specified in the General Plan and the requirements of these conditions. Rehabilitate and/or reconstruct existing roadway pavement as necessary to augment and convert it from a rural county -road design standard to La Quinta's urban arterial design standard. The east curb face shall be located forty three feet (43') east of the centerline, except at locations where additional street width is needed to accommodate: a) Bus turnout (if required by Sunline Transit) b) A deceleration/right turn only lane at Monroe Street Primary Entry. The east curb face shall be located fifty five feet (55') east of the centerline and length to be determined by a traffic study prepared for the applicant by a licensed traffic engineer per Engineering Bulletin # 03-08. As a minimum, the required right of way shall be for a length of 100 feet plus a variable dedication of an additional 50 feet. Other required improvements in the Monroe Street right or way and/or adjacent landscape setback area include: Resolution No. 2004-139 Conditions of Approval - FINAL Specific Plan 2004-072 - Robert Schumacher November 16, 2004 Page 16 a) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. b) A 10-foot wide Multi -Purpose Trail. The applicant shall construct a multi -use trail per La Quinta Standard 260 along the Monroe Street frontage within the landscaped setback. The location and design of the trail shall be approved by the City. A split rail fence shall be constructed to separate the multi -purpose trail from the pedestrian sidewalk in accordance with Section 9.140.060 (Item E, 3a) of the Zoning Ordinance. Bonding for the fence to be installed shall be posted prior to final map approval. At grade intersection crossings shall be of a medium and design and location as approved by the Engineering Department on the street improvement plan submittal. c) Half width of an 18' - foot wide raised landscaped median along the entire boundary of the Specific Plan plus variable width as needed to accommodate a left turn deceleration lane for the southbound Monroe Street traffic as well as full turn movements at the Primary Residential Entry, and variable width as needed on Monroe Street at the Avenue 60 intersection to accommodate a left turn deceleration lane for southbound Monroe Street to eastbound Avenue 60. d) Establish a benchmark in the Monroe Street right of way and file a record of the benchmark with the County of Riverside. 2) Avenue 60 (Primary Arterial, Option A; 1 10' R/W): Widen the east side of the street along all frontage adjacent to the Specific Plan boundary to its ultimate width on the east side as specified in the General Plan and the requirements of these conditions. Rehabilitate and/or reconstruct existing roadway pavement as necessary to augment and convert it from a rural county -road design standard to La Quinta's urban arterial design standard. The east curb face shall be located forty three feet (43') east of the centerline, Resolution No. 2004-139 Conditions of Approval - FINAL Specific Plan 2004-072 - Robert Schumacher November 16, 2004 Page 17 except at locations where additional street width is needed to accommodate: 1. Bus turnout (if required by Sunline Transit). 2. A deceleration/right turn only lane at the Avenue 60 Residential Project Secondary Entry and the two Commercial Project Site access driveways, if required by a Traffic Study per Engineering Bulletin # 03-08. The east curb face shall be located fifty five feet (55') east of the centerline and length to be determined by a traffic study prepared for the applicant by a licensed traffic engineer per Engineering Bulletin # 03-08. As a minimum, the required right of way shall be for a length of 100 feet plus a variable dedication of an additional 50 feet. Other required improvements in the Monroe Street right or way and/or adjacent landscape setback area include: c) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. d) 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that either touches the back of curb or approaches within five feet of the curb at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet, and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed 250 feet. Resolution No. 2004-139 Conditions of Approval - FINAL Specific Plan 2004-072 - Robert Schumacher November 16, 2004 Page 18 e) Half width of an .181 - foot wide raised landscaped median along the entire boundary of the Specific Plan plus variable width as needed to accommodate a left turn deceleration lane for the southbound traffic as well as full turn movements at the Secondary Residential Entry, and variable width as needed on Avenue 60 at the Monroe Street intersection to accommodate a left turn deceleration lane for eastbound Avenue 60 traffic to southbound Monroe Street. The applicant shall extend improvements beyond the subdivision boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). B. PRIVATE STREETS 1) Construct full street improvements to provide for 35-foot wide travel width measured gutter flow line to gutter flow line where the residential streets where on -street parking is allowed on one side and the applicant makes provisions for perpetual enforcement of the No Parking restrictions. C. REAR ALLEY LANES C. Rear alley lanes shall have a travel width of 20 feet with parking prohibited on both sides, there is adequate off-street parking for residents and visitors, and provisions are established 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 alley rear lane travel width and pavement structure shall also be approved by the Fire Department. 52. All gated entries shall provide for a three -car minimum stacking capacity for inbound traffic to be a minimum length of 62 feet from call box to the street; and shall provide for a full turn -around outlet for non -accepted vehicles. Resolution No. 2004-139 Conditions of Approval - FINAL Specific Plan 2004-072 - Robert Schumacher November 16, 2004 Page 19 Where a gated entry is proposed, the applicant shall submit a detailed exhibit at a scale of 1 it = -10', demonstrating that those passenger vehicles that do not gain entry into the development can safely make a full turn -around (minimum radius to be 24 feet) out onto the main street from the gated entry. Two lanes of traffic shall be provided on the entry side of each gated entry, one lane shall be dedicated for residents, and one lane for visitors. The two travel lanes shall be a minimum of 20 feet of total paved roadway surface or as approved by the Fire Department. Entry drives, main interior circulation routes, standard knuckles, corner cutbacks, bus turnouts, dedicated turn lanes and other features shown on the approved construction plans, may require additional street widths as may be determined by the City Engineer. 53. 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/Parking Lot and Access Driveways 3.0" a.c./4.5" c.a.b. Primary Arterial 4.5" a.c./6.0" c.a.b. or the approved equivalents of alternate materials. 54. 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. 55. General access points and turning movements of traffic are limited to the following: A. Monroe Street 1) Primary Residential Entry: Full turn movements are permitted. Resolution No. 2004-139 Conditions of Approval - FINAL Specific Plan 2004-072 - Robert Schumacher November 16, 2004 Page 20 2) Commercial Project Site access driveway: Right turn movements in and out are permitted. Left turn movements in and out are restricted. B. Avenue 60 1) Secondary Residential Entry: Full turn movements are permitted. 2) Commercial Project Site access driveway (450 feet east of Monroe Street): Right turn movements in and out are permitted. Left turn movements out are restricted. Left turn movements in are permitted if left turn lane(s) provided that left turn lane(s) at the Monroe Street/Avenue 60 intersection are not affected. 3) Commercial Project Site access driveway (850 feet east of Monroe Street): Right turn movements in and out are permitted. Left turn movements in and out are restricted. 56. 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. 57. 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 58. The design of parking facilities shall conform to LQMC Chapter 9.150 (Parking). Entry drives, main interior circulation routes, corner cutbacks, bus turnouts, dedicated turn lanes, ADA accessibility route to public 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. a. General access points and turning movements of traffic to off site public streets are limited to the access locations approved in these conditions of approval. Resolution No. 2004-139 Conditions of Approval - FINAL Specific Plan 2004-072 - Robert Schumacher November 16, 2004 Page 21 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. CONSTRUCTION 59. 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 60. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 61. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 62. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 63. 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. Resolution No. 2004-139 Conditions of Approval - FINAL Specific Plan 2004-072 - Robert Schumacher November 16, 2004 Page 22 NOTE: Plans are not approved for construction until signed by the City Engineer. 64. 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 65. The applicant shall provide public transit improvements as required by SunLine Transit Agency and approved by the City Engineer. QUALITY ASSURANCE 66. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 67. 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. 68. 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. 69. 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. Resolution No. 2004-139 Conditions of Approval - FINAL Specific Plan 2004-072 - Robert Schumacher November 16, 2004 Page 23 MAINTENANCE 70. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 71. 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 72. 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. 73. 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). SPECIFIC PLAN AMENDMENTS 75. The minimum living area per unit excluding attached/detached parking under the Medium Density Residential Development Standards Table on Page 55 of Specific Plan 2004-072 shall be amended to read as "1,650" square feet instead of "2,100" square feet.