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CC Resolution 2006-040RESOLUTION NO. 2006-040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE SUBDIVISION OF TWENTY ACRES INTO 66 RESIDENTIAL LOTS AND MISCELLANEOUS LOTS CASE NO.: TENTATIVE TRACT 34243 INNOVATIVE COMMUNITIES WHEREAS, The City Council of the City of La Quinta, California, did on the 18th day of April, 2006, hold a duly noticed Public Hearing to consider the request of Innovative Communities for the subdivision of twenty acres into 70 single-family residential lots and other miscellaneous lots, located on the north side of Avenue 58, approximately 1,000 feet west of Madison Street, more particularly described as: APN 763-240-014 WHEREAS, said Tentative Tract Map has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63) in that the La Quinta Community Development Department has prepared Environmental Assessment 2005-557 for this Tentative Tract Map in compliance with the requirements of the California Environmental Quality Act of 1970, as amended. The Community Development Director has determined that the project will not have a significant adverse impact on the environment and therefore, is recommending that a Mitigated Negative Declaration of environmental impact be certified; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following Mandatory Findings of Approval to justify approval of said Tentative Tract Map 34243: 1. The Tentative Tract Map and its improvement and design are consistent with the General Plan in that its street design and lots are in conformance with applicable goals, policies, and development standards, such as lot size, and will provide adequate infrastructure and public utilities. 2. The design of the subdivision and its proposed improvements are not likely to create environmental damage or substantially and avoidably injure wildlife or their habitat because mitigation measures and conditions have been incorporated into the project approval to mitigate impacts where needed. Resolution No. 2006-040 Tentative Tract Map 34243 Innovative Communities Adopted: April 18, 2006 Page 2 .3. The design of the subdivision and subsequent improvements are not likely to cause serious public health problems because urban infrastructure improvements are existing, or will be in based on applicable local, State, and Federal requirements. 4. Unless the project is reduced by four residential lots, the project shall have an adverse impact on. the public health and safety. Specifically, the project as proposed with seventy residential lots would be inconsistent with the character of the surrounding community in that there would be building massing along lot boundaries that :would .be .out of character with the massing in the surrounding community. The proposed lots are not within the character of. the abutting properties to the east. Unless four lotsare removed, the City Council concluded that this disparity in the size .of abutting lots conflicts with Section 9.10.010 of the Municipal Code which provides that the objectives of the Zoning Code include establishing "conditions which allow various types of land uses to exist in harmony and to promote the stability of existing land uses by protecting them" and "to .prevent undue intensity of .land use or development" Furthermore, the RL zoning designation is specifically intended for the "preservation of low density neighborhoods"; permitting smaller lots along the boundary of larger existing. residential lots does not preserve the low density character of the existing development. As permitted by Section 9.10.040 of the Zoning Code, the City "reserves the right to limit projects to intensities below the Genera/ Plan's upper limits." Unless four lots are removed, the lot massing proposed by the. project may also lead to a visual incompatibility with the abutting properties. With the removal of four lots, the. design of the subdivision is not likely to cause serious public health problems. 5. There is no other feasible method to mitigate or avoid the impact identified in Finding No. 4 other than by removing four lots because the compatibility with the adjacent property can only be achieved by increasing the lot size among the lots abutting the Lion"s Gate properties. Thus, in order to achieve continuity with the existing neighborhood, it is necessary to remove four lots. 6. The design of the revised subdivision and the proposed types of improvements will not conflict with easements acquired by the public at large, for access through or use of the property within the subdivision in that none presently exist and access is provided within the project and to adjacent public streets. Resolution No. 2006-040 Tentative Tract Map 34243 Innovative Communities Adopted: April 18, 2006 Page 3 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; 2. That the City Council does hereby approve Tentative Tract Map 34243 for the reasons set forth in this Resolution, subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 18t`' day of April, 2006, by the following vote, to wit: AYES: Council Members Henderson, Kirk, Osborne NOES: Council Member Sniff, Mayor Adolph ABSENT: None ABSTAIN: None DON ADOLPH, Uayor City of La Quinta California ATTEST: J GREEK, MMC, City CI r City of La Quinta, California (CITY SEAL) CITY COUNCIL RESOLUTION NO. 2006-040 CONDITIONS OF APPROVAL - FINAL TENTATIVE TRACT MAP 34243 INNOVATIVE COMMUNITIES (MASQUE DEVELOPMENT) ADOPTED: APRIL 18, 2006 GFNFRAL 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 requirernents 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, Green Sheet (Public Works Clearance) for Building Permits, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Coachella Valley Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency • SCAQMD Coachella Valley Resolution. No. 2006-040 Conditions of Approval.- FINAL Tentative Tract Map 34243 Innovative Communities (Masque Development) Adopted: April 18, 2006 Page 2 The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those Improvements plans for City approval. A project -specific NPDES construction permit must be obtained by'the applicant; and who then shall submit a copy of.the Regional Water Quality Control Board's (''RWQCB") acknowledgment of the applicant's Notice of Intent ("NOI"), prior to the issuance of a grading or. site construction permit by the City. 4. The applicant shall comply with applicable provisions of the City's NPDES stormwater, discharge permit, Sections 8.70.01.0 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 Permittee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). C. N The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. 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. 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. 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. Resolution No. 2006-040 Conditions of Approval - FINAL Tentative Tract Map 34243 Innovative Communities (Masque Development) Adopted: April 18, 2006 Page 3 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. 5. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 6. Approval of this Tentative Tract Map shall not be construed as approval for any horizontal dimensions implied by any site plans or exhibits unless specifically identified in the following conditions of approval. PROPERTY RIGHTS 7. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 8. 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. 9. The public street right-of-way offers for dedication required for this development include: Resolution iVo. 2.00&040 Conditions of Approval - FINAL Tentative Tract Map 34243 Innovative Communities.(Masque Development) Adopted: April 18, 2006 Page 4 A. PUBLIC STREETS 1) Avenue 58 (Secondary Arterial, with Class 11 Bike Lane, 94' ROW) Provide 44. feet *of right of way from the centerline-_ of Avenue 58 consistent with right of way requirements on the north side of Avenue 58 except an additional variable right of way dedication at the proposed entry. measured 54 feet north of the centerline of Avenue 58 and deceleration length of 1:32 feet plus a transition length of 120 feet to accommodate improvements. conditioned under STREET AN.I TRAFFIC IMPROVEMENTS. 10. 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, 11. The private street right-of-ways to be retained for private use required for this development include: A. PRIVATE STREETS 1) Residential Streets measured ..at gutter flow line to gutter flow Line shall have a 36-foot travel width with parking allowed on both sides of the street. 2) Dead end residential streets measured at gutter flow line to gutter flow line shall have a 28-foot travel width with street. parking is prohibited, and provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's.. The CC&R's shall be reviewed by the Engineering Department prior to recordation. 12. 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. 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 fine, 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 Resolution No. 2006-040 Conditions of Approval - FINAL ' Tentative Tract Map 34243 Innovative Communities (Masque Development) Adopted, April 18, 2006 Page 5 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 13. 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. 14. The applicant shall offer for dedication on the Final Map 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 IID. 15. The applicant shall create perimeter landscaping setbacks along all public right-of- ways as follows: A. Avenue 58 (Secondary Arterial) - 10-foot from the R/W-P/L. The listed setback depth shall be the average depth where a meandering wall design is approved. 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. 16. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. 17. Direct vehicular access to Avenue 58 from lots with frontage along Avenue 58 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. 18. 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. ..Resolution No. 2006-040 Conditions of Approval - FINAL Tentative Tract Map 34243 Innovative Communities (Masque Development) Adopted: April 18, 2006 Page 6 19. The applicant shal 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. FINAL MAPS 20. 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. The Final Map shall be of a 1" = 40' scale. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as " engineer," "surveyor, and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 21. 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. 22. 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 1 40' Horizontal B. PM 10 Plan 1 " = 40' Horizontal C. SWPPP 1 " = 40' Horizontal D. Off -Site Street Improvement/Storm Drain Plan lit= 40' Horizontal, 1 " = 4' Vertical Resolution No. 2006-040 Conditions of Approval - FINAL Tentative Tract Map 34243 Innovative Communities (Masque Development) Adopted: April 18, 2006 Page 7 E. 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. F. On -Site Street Improvements/Signing & Striping/Storm Drain Plan 1 " = 40' Horizontal, 1 " = 4' Vertical NOTE: A through F to be submitted concurrently. 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. G. 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. "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. 23. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the Online Engineering Library at the City website (www.la-quinta.org). Navigate to the Public Works Department home page and look for the Online Engineering Library hyperlink. Resolution No. 2006-040 Conditions of Approval FINAL Tentative Tract Map 34243 Innovative Communities .(Masque Development) Adopted: April 18, 2006 Page 8 24. 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 improver. eats 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 25. 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. 26. 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. 27. 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. Resolution No. 2006-040 Conditions of Approval - FINAL Tentative Tract Map 34243 Innovative Communities (Masque Development) Adopted: April 18, 2006 Page 9 In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 28. Depending on the timing of the development of this Tentative Tract Map, and the status of the off -site improvements at the time, the applicant may be required to: A. Construct certain 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. Off -Site Improvements should be completed on a first priority basis. The applicant shall complete Off -Site Improvements in the first phase of construction or by the issuance of the 20 % Building Permit (add number when applicable). 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. 29. 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" x 11 " reduction of each page of the Final Map, along with a copy of an 8-1 /2" x 1 1 " Vicinity Map. Resolution No. 2006-040 Conditions of Approval - FINAL Tentative Tract Map 34243 Innovative Communities (Masque Development) Adopted: April 18, 2006 Page 10 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.. 30.. 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 31. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 32. 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. 33. To obtain an approved grading_ permit, the applicant shall submit and. obtain approval of all of the following: A. A grading plan prepared by a qualified engineer, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.1'6, (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. E. Proof .of retention of archaeological monitors shall be given to the City prior to issuance of the first earth -moving or clearing permit. Monitors shall include` a Ramona Band of Mission Indians designee. The site shall be monitored during on- and off -site trenching and rough grading by qualified archaeological monitors. The final report on the archaeological monitoring shall be submitted to the Community Development Department prior to the issuance of the first Certificate of Occupancy for the project Any collected archaeological resources shall be properly packaged for long term curation,' in polyethylene Resolution No. 2006-040 Conditions of Approval - FINAL Tentative Tract Map 34243 Innovative Communities (Masque Development) Adopted: April 18, 2006 Page 11 self -seal bags, vials, or film cans as appropriate, all within acid -free, standard size, comprehensively labeled archive boxes and delivered to the City prior to issuance of first Certificate of Occupancy for the property. Materials shall be accompanied by descriptive catalogue, field notes and records, primary research data, and the original graphics. F. Proof of retention of paleontological monitors shall be given to the City prior to issuance of the first earth -moving or clearing permit. On- and off -site monitoring of earth -moving and grading in areas identified as likely to contain paleontological resources shall be conducted by a qualified paleontological monitor. The monitor shall be equipped to salvage fossils as they are unearthed to avoid construction delays and to remove samples of sediments that are likely to contain the remains of small fossil invertebrates and vertebrates. The monitor shall be empowered to temporarily halt or divert equipment to allow removal of abundant or large specimens. Any recovered specimens shall be prepared to the point of identification and permanent preservation, including washing of sediments to recover small invertebrates and vertebrates. A report of findings with an appended itemized inventory of specimens shall be submitted to the City prior to the first occupancy of a residence being granted by the City. The report shall include pertinent discussions of the significance of all recovered resources where appropriate. The report and inventory, when submitted will signify completion of the program to mitigate impacts to paleontological resources. 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. 34. 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. Resolution No. 2006-040 Conditions of Approval - FINAL Tentative Tract Map 34243 Innovative Communities (Masque Development) Adopted: April 18, 2006 Page '12 .35. 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 feet (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. 36. 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. 37. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development unless there are pre-existing conditions such as existing perimeter.walls and pad elevations on adjacent properties are not consistent with the lay of the land. 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. Resolution No. 2006-040 Conditions of Approval —FINAL Tentative Tract Map 34243 Innovative Communities (Masque Development) Adopted: April 18, 2006 Page 13 DRAINAGE 40. The applicant shall comply with the provisions of Section 13.24.120 (Drainage), LQMC, Engineering Bulletin No. 97.03 and the approved preliminary hydrology report. 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 and include any resulting uncaptured tributary stormwater flows. The design storm shall be either the 3 hour, 6 hour or 24 hour event producing the greatest total run off. 41. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 42. For properties where sump conditions exist, the applicant must either define a diversion/overflow strategy or retain upstream stormwater as required for existing as - built conditions from all off -site tributary flow from the respective high points. The applicant must provide either on -site retention or alternative facilities of diversion/pass through, if selected. Historical flow paths should be identified and routing provided in the hydrology analysis equivalent to historical flow direction. As local topography allows, tributary areas may exceed limits of property lines adjacent to public roads. The 100-year storm shall be the governing event in the designer's evaluation. 43. In design of retention facilities, the maximum percolation rate shall be zero as demonstrated by preliminary percolation tests. Nuisance water shall be retained on site. Nuisance water shall be passed through a injection/dry well system or equivalent system approved by the City Engineer. The injection/dry well system or equivalent system 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. The injection/dry well system shall be designed to contain nuisance water surges from landscape area, residential unit, and off -site street nuisance water. Flow from adjacent well sites shall be designed for retention area percolation by separate infiltration system approved by the City Engineer. 44. 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. Resolution No. 2006-040 Conditions of Approval - FINAL Tentative Tract Map 34243 Innovative Communities (Masque Development) Adopted: April 18, 2006 Page 14 .45.. No fence or Wall shall be constructed around any retention basin Unless. approved by the Community. Development Director and. the City Engineer. 46. 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. 47. Stormwater may not.be retained in landscaped parkways or. landscaped setback lots. Only incidental storm water (precipitation which directly. falls on- to. 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. 48. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 49. 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. 50. Due to the unique length to'width ratio of the proposed retention basin, the applicant or his design professional shall provide the following as approved by the City Engineer: A. To prevent. undermining during a storm event, the applicant shall redesign the wall where it Will be beneath the water surface during storms to a single reinforced concrete. retaining wall with decorative face or; other design approved by the City, .Engineer or comply with the provisions of Section 13.24.120. (Drainage), LQMC, Engineering Bulletin No. 97.03. B. Provide. for secondary overflow on the internal street system: with a one foot freeboard during designstorm events. 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 1`3.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls) LQMC. Resolution No. 2006-040 Conditions of Approval - FINAL Tentative Tract Map 34243 Innovative Communities (Masque Development) Adopted: April 18, 2006 Page 15 UTILITIES 51. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 52. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 53. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 54. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 55. 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. 56. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS 1) Avenue 58 (Secondary Arterial with Class II Bike Lane): Widen the north side of the street along all frontage adjacent to the Tentative Map boundary to its ultimate width on the north side as specified in the General Plan and the requirements of these conditions. Rehabilitate and/or Resolution No. 2006-040 Conditions of Approval - FINAL Tentative Tract Map 34243 Innovative Communities (Masque Development) Adopted: April 18, 2006 Page 16 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 north curb face shall be located thirty two feet (321 north of the centerline. Other required improvements in the Avenue 58 right or 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) A deceleration/right turn Only, lane at the Primary Entry. The north curb face shall be Located forty two feet (42') north of the centerline and length per Engineering Bulletin # 03-08. The deceleration length shall be 132 feet with a transition length_ of 120 feet. c) 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 touches the back of 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. d) A Class ll Bike Lane along the north curb face along the Tentative Tract Map boundary. The applicant shall extendimprovements 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.). .The applicant is responsible for construction of all improvements mentioned above. The development is eligible for reimbursement. from the City's Development Impact Fee fund in accordance with policies established for that program. The cost of improvements expended by the applicant from the centerline of Avenue 58-to within 20 feet of the outer curb face is eligible for reimbursement The applicant is responsible for the remaining cost of the improvements. Resolution No. 2006-040 Conditions of Approval - FINAL Tentative Tract Map 34243 Innovative Communities (Masque Development) Adopted: April 18, 2006 Page 17 B. PRIVATE STREETS 1) Construct full 36-foot wide travel width measured gutter flow line to gutter flow line where the residential streets are double loaded. And construct a 28-foot wide travel width measured gutter flow line to gutter flow line where parking is prohibited and provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Engineering .Department and Community Development Department prior to recordation. 2) The location of driveways of corner lots shall not be located within the curb return and away from the intersection when possible. 57. 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. Where a gated entry is proposed, the applicant shall submit a detailed exhibit at a scale of 1 " = 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. Pursuant to said condition, there shall be a minimum of twenty feet width provided at the turn -around opening. 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. 58. 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: Resolution No. 2006-040 Conditions of Approval - FINAL Tentative Tract Map 34243 Innovative Communities (Masque Development) Adopted: April 18, 2006 Page 18 Residential 3.0" a.c./4.5" c.a.b. Secondary: Arterial 4.0" a.c./6.0" c.a.b. or the approved equivalents of alternate materials. 5.9. 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. 60. General. access points and turning movements of traffic are limited to the following: .Primary Entry (Avenue 58): All turn movements are permitted 61. 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. 62. 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. CONSTRUCTION 63. The City will conduct final.inspections of. habitable buildings only when the build.ings 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 64. The applicant shall comply with Sections 13.24.130 (Landscaping, Setbacks) & 13.24.140 (Landscaping Plans), LQMC. Resolution No. 2006-040 Conditions of Approval - FINAL Tentative Tract Map 34243 Innovative Communities (Masque Development) Adopted: April 18, 2006 Page 19 65. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 66. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 67. The applicant shall submit the landscape plans for approval to plan checking by the Public Works Department. When plan checking has been completed by the Public Works Department, 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. 68. 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. 69. Front yard landscaping plans for the residences shall be submitted for review by the ALRC and approval by the Director of Community Development prior to issuance of first production home permit. Turf use in retention basins shall be limited to basin entries and exits where they meet the meandering walkway. In the turf's place, decomposed granite and accent plants should be provided. Preliminary -level common area and retention area wall design, heights, materials, colors, planting, etc. shall be reviewed by the ALRC and approved by the Planning Commission during review of architectural plans for the residences or separately, whichever occurs first. 70. Delete the following plants from the plant palette: A. Pinus canaiensis Canary Island Pine B. Prosopis chilensis Chilean Mesquite C. Macfadyena unguis-cati Cat's Claw D. Pennisetum setaceum Fountain Grass E. Ficus pumila Creeping Fig F. Bracchychiton populneus Bottle Tree PUBLIC SERVICES 71. The applicant shall provide public transit improvements as required by SunLine Transit Agency and approved by the City Engineer. Resolution No. 2006-040 Conditions of Approval - FINAL Tentative Tract Map 34243 Innovative Communities (Masque Development) Adopted: April 18, 2006 Page 20 QUALITY ASSU 72. The applicant shall employ constructionquality-assurance measures that. meet with the approval of the.City Engineer. 73. 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. 74. 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. 75. 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 76. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance)', LQMC. 77. 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 78. 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. 79. 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). Resolution No. 2006-040 Conditions of Approval - FINAL Tentative Tract Map 34243 Innovative Communities (Masque Development) Adopted: April 18, 2006 Page 21 80. Quimby In -lieu park fees shall be paid prior to approval of the Final Map by the City Council. PROJECT LAYOUT 81. The total number of residential lots shall be reduces( from 70 numbered residential lots to 66 numbered residential lots in total. The lot reduction shall occur along the east property line. Final lot design and configuration to be approved by the Community Development Director. 82. The emergency access (Lot G) connection to Avenue 58 originally proposed east of the main entrance shall be eliminated and the design amended to eliminate said area. Emergency access shall be provided to Avenue 58 via an extension of the road west of the main entrance between lots 1 and 70. MISCELLANEOUS 83. The perimeter wall along Avenue 58 shall meander or jog in and out along the property line. Decorative pilasters shall be provided approximately 75' on center along Avenue 58 perimeter wall. The Tentative Tract Map (TTM 34243) shall be conditioned to be revised to reflect this and be approved by the Community Development Director. 84. The residences adjacent to the east -west green belt (with walkway) shall be constructed with a setback 10' ± larger than the minimum of 5' (flipping residence as shown on submitted landscape plan). The east and west ends of the green belt shall be flared out. This flare will require revision to the adjacent single-family lots. This revision and final setbacks shall be subject to Community Development Director approval. 85. The entry gate shall be re -studied and redesigned to provide an attractive and creative gate consistent with the theme and architecture of the project. 86. Prior to Final Map approval, the City Fire Marshall shall review and approve Map. 87. A perimeter wall shall be constructed along the east property line abutting the Lion's Gate subdivision. Said wall shall include exterior treatment and color consistent with the existing Lion's Gate perimeter wall. In addition, a cap shall be placed upon the existing wall and designed to cover any gap that may exist between the two walls. Perimeter wall height, general design, treatment and cap design shall be reviewed and approved by the Community Development Department.