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CC Resolution 2006-107RESOLUTION NO.2006-107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A ONE-YEAR TIME EXTENSION FOR TENTATIVE TRACT MAP 31910 TO SUBDIVIDE APPROXIMATELY 38 ACRES INTO 130 SINGLE-FAMILY AND OTHER COMMON LOTS FOR THE PROPERTY LOCATED ON THE WEST SIDE OF MONROE STREET, APPROXIMATELY %-MILE NORTH OF AVENUE 58 CASE NO.: TENTATIVE TRACT MAP 31910, EXTENSION #1 APPLICANT: DESERT ELITE, INC. WHEREAS, the City Council of the City of La Quinta, California did, on the 19' day of September, 2006, hold duly noticed Public Hearing to consider a request by Desert Elite, Inc. to grant a one-year time extension for a Tentative Tract Map that creates 130 single-family and other common lots on ± 38 acres located on the west side of Monroe Street, approximately '/4-mile north of Avenue 58, in a Low Density Residential Zoning District, more particularly described as: APN: 772-270-009 WHEREAS, the Community Development Department published the public hearing notice in the Desert Sun newspaper on September 8, 2006, as prescribed by Section 13.12.100 (Public Notice Procedure) of the Subdivision Ordinance'and public hearing notices were mailed to all property owners within 500 feet of the tract map site; and WHEREAS, the Community Development Department has determined that the request has been assessed in conjunction with Environmental Assessment 2003- 496 for Tentative Tract Map 31910 which was certified on April 6, 2004. No changed circumstances or conditions are proposed, or new information has been submitted which would trigger the preparation of a subsequent Environmental review pursuant to Public Resources Code Section 21166; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 251h day of July, 2006, hold a public hearing to consider this request, and upon hearing and considering all testimony and arguments, including the applicants, approved the revised Conditionsof.Approval, by adoption of Planning Commission Resolution 2006-027, recommending to the City Council approval subject to conditions; and, Resolution No. 2006-107 Tentative Tract Map 31910, Extension 1 Desert Elite, Inc. September 19, 2006 Page 2 WHEREAS, at the Public Hearing upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, said City Council did make the following Mandatory Findings to justify approving a Time Extension of said Map: Finding A - Consistency with the General Plan, Zoning Code and any applicable Specific Plans. The property is designated Low Density Residential (LDR) which allows up to four residential units per acre. The Land Use Element of the General Plan encourages differing residential developments throughout the City. This project is consistent with the goals, policies and intent of the La Quinta General Plan insofar as the creation of average 9,000 square foot residential lots will provide another type of housing market for La Quinta residents. Conditions are recommended requiring on- and off -site improvements based on the City's General Plan Circulation Element provisions. The property is designated Low Density Residential (RL) and is consistent with the City's Zoning Ordinance in that lots exceed the City's minimum of 7,200 square feet. However, each proposed lot is large enough to support building detached housing units that are a minimum size of 1,400 square feet, excluding garage parking areas. All plans for future single-family homes will be consistent with the provisions of the Zoning Code in effect at the time building permits are acquired. The development of the project, as conditioned, will be compatible with the surrounding area. Finding B Site Design and Improvements Infrastructure improvements to serve this project are located in the immediate area and will. be extended based on the recommended Conditions of Approval. The private interior streets will provide access to each single-family lot in compliance with City requirements, as prepared. Improvements on Monroe Street will be guaranteed as required by the City's General Plan Circulation Element at the time the final map is considered pursuant to Section 13.20.100 of the Subdivision Ordinance. Provisions shall be made to the map's design to allow the project to be gated, ensuring adequate vehicle stacking and turnaround areas. Resolution No. 2006-107 Tentative Tract Map 31910, Extension 1 Desert Elite, Inc. September 19, 2006 Page 3 The subdivision layout is consistent with the Land Use Vision Statement in the City's General Plan, which focuses on the facilitation and integration of development, through desirable character and sensitive design residential neighborhoods to enhance the existing high quality of life. Findings C through E - Compliance with the California Environmental Quality Act A Mitigated Negative Declaration has been previously certified on April 6, 2004. After evaluation, the Community Development Department has determined that the proposed Map has no changed circumstances or changed conditions which would trigger the preparation of a subsequent environmental review pursuant to Public Resources Code Section 21166. Finding F - Public Health Concerns The design of the proposed subdivision map and related improvements are not likely to cause serious public health problems, in that responsible agencies have reviewed the project for these issues with no significant concerns identified. The health, safety and welfare of current and future residents can be assured based on the recommended conditions, which serve to implement mitigation measures for the project. The Fire Department has evaluated the street design layout and approved the project as planned. Site improvements comply with City requirements provided on -site water retention is handled in common basin(s). Dust control measures shall be required during any further on -site construction work as required by Chapter 6.16 of the Municipal Code. The site is physically suitable for the proposed land division, as the area is relatively flat and without physical constraints, and the Map design is consistent with other surrounding parcels. That under the City's policy for parks and recreation development, found in the City's General Plan (Chapter 5), the City's goal is to provide three (3) acres of park land per 1,000 residents pursuant to Policy 2; this project will provide payment to the City for recreation facilities outside the Tract's boundary which is allowed pursuant to Chapter 13.48 of the Subdivision Ordinance. Finding G - Site Design (Public Easements) Public easements will be retained and required in order to construct any houses on the proposed lots, ensuring adequate facilities for future homeowners in compliance with Section 13.24.100 of the Subdivision Ordinance. Resolution No. 2006-107 Tentative Tract Map 31910, Extension 1 Desert Elite, Inc. September 19, 2006 Page 4 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; 2. That it does hereby approve the above -described Time Extension for Tentative Tract Map 31910 for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 19th day of September, 2006, by the following vote, to wit: AYES: Council Members Henderson, Kirk, Mayor Adolph NOES: Council Members Osborne, Sniff ABSENT: None ABSTAIN: None DON ADO PH, M or City of La Quinta, alifornia ATTEST: DEBORAH H. PO ELL, Interim City Clerk City of La Quinta, California (CITY SEAL) Resolution No. 2006-107 — Tentative Tract Map 31910, Extension 1 Desert Elite, Inc. September 19, 2006 Page 5 APPROVED AS TO FORM: M. KAT ERINE JENSOWL16ity Attorney City of La Quinta, California CITY COUNCIL RESOLUTION NO. 2006-107 CONDITIONS OF APPROVAL — FINAL TENTATIVE TRACT MAP 31910 EXTENSION 1 DESERT ELITE, INC. SEPTEMBER 19, 2006 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Tract Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Tentative Tract Map, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 3. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain the necessary clearances and/or permits from the following agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Coachella Valley Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicantshallfurnish proof of such approvals when submitting those improvements plans for City approval. Resolution No. 2006-107 Conditions of Approval — Final Tentative Tract Map 31910 Extension 1 Desert Elite, Inc. September 19, 2006 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"). B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The approved SWPPP and BMPs shall remain in effect for the entire duration of . project construction until all improvements are completed and accepted by the City. Resolution No. 2006-107 _ Conditions of Approval - Fnal Tentative Tract Map 31910 Extension 1 Desert Elite, Inc. September 19, 2006 Page 3 PROPERTY RIGHTS 5. 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. 6. 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. 7. 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 for an .additional right of way dedication at the primary entry of 67 feet from the centerline and a minimum 100 feet, long plus a variable dedicationof an additional 50 feet to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS. 8. 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. 9. The private street right-of-ways to be retained for private use required for this development include: A. PRIVATE STREETS 1. Private Residential Streets measured at gutter flow line shall have a 36=foot travel width. The travel width may be reduced to 32 ,feet with parking restricted to one side, and 28 feet if on - street parking is prohibited, and. provided there is adequate off- street parking for residents and visitors, and the applicant Resolution No. 2006-107 Conditions of Approval - Final Tentative Tract Map 31910 Extension 1 Desert Elite, Inc. September 19, 2006 Page 4 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. B. CUL DE SACS 1) The cul de sac shall conform to the shape shown on the tentative map with a 38-foot curb radius at the bulb or larger as shown on the tentative map. C. KNUCKLE. 1) The knuckle shall conform to the shape shown on the tentative tract map except for minor revision as may be required by the City Engineer. Curve radii for curbs at all street intersections shall not be less than 25 feet except at the entry similar to the layout shown on the rough grading plan. 10. 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 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. 11. 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. Resolution No. 2006-107 _ Conditions of Approval - Final Tentative Tract Map 31910 Extension 1 Desert Elite, Inc. September 19, 2006 Page 5 12. 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 width with express written approval of IID. 13. 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. 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. 14. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utitity lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. 15. Direct vehicular access to Monroe Street 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. 1.6. 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. 17. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. Resolution No. 2006-107 Conditions of Approval — Final Tentative Tract Map 31910 Extension 1 Desert Elite, Inc. September 19, 2006 Page 6 FINAL MAPS 18. Prior to the City's approval of a Final Map, the applicant shall furnish accurate AutoCAD files of the Final Map that was approved by the City's map checker on a storage media acceptable to the City Engineer. Such files shall be in a standard AutoCAD format so as to be fully retrievable into a basic AutoCAD program. Where a Final Map was not produced in an AutoCAD format, or produced in a file that can be converted to an AutoCAD format, the City Engineer will accept a raster -image file of such Final Map. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "eng.ineer," "surveyor," and "architect," refer to persons currently certified or Licensed to practice their respective professions in the State of California. 19. 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. 20. 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 NOTE: A through C to be submitted concurrently. 1 " = 40' Horizontal Resolution No. 2006-107 Conditions of Approval -Final Tentative Tract Map 31910 Extension 1 Desert Elite, Inc. September 19, 2006 Page 7 D. Off -Site Street Improvement/Storm Drain Plan 1 " = 40' Horizontal, 1 4' Vertical 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 berrning 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: D through F to be submitted concurrently. The following plans shall be submitted to the Building & Safety Department for review and approval. The plans shall utilize the minimum scale specified, unless otherwise authorized by the Building & 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. Resolution No. 2006-107 Conditions of Approval — Final Tentative Tract Map 31910 Extension 1 Desert Elite, Inc. September 19, 2006 Page 8 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. 21. 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. 22. 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 23. Prior to approval of any Final Map, the applicant shall construct all on and off -site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement. Agreement ("SIA") guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. Resolution No. 2006-107 -- Conditions of Approval - Final Tentative Tract Map 31910 Extension 1 Desert Elite, Inc. September 19, 2006 Page 9 24. 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. 25. 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 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. 26. 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. Resolution No. 2006-107 Conditions of Approval - Final Tentative Tract Map 31910 Extension 1 Desert Elite, Inc. September 19, 2006 Page 10 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. 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. 27. 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 f2" x 11 " reduction of each page of the Final Map, along with a copy of an 8-1 /2" 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: 28. 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. Resolution No. 2006-107 Conditions of Approval - Final Tentative Tract Map 31910 Extension 1 Desert Elite, Inc. September 19, 2006 Page 11 GRADING 29. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 30. 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. 31. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared. in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC, and 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. 32. 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 stab.ilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. Resolution No. 2006-107 Conditions of Approval - Final Tentative Tract Map 31910 Extension 1 Desert Elite, Inc. September 19, 2006 Page 12 33. 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 3z 1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six (6) of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas _adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches 0 8") behind the curb. 34. 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. 35. Building pad elevations of perimeter lots shall not differ by more that one foot from the building pads in adjacent developments. Applicant shall revise the building pad elevations of lots 42 thru 51, and lot 54 as necessary to comply with this requirement. The retention basin concept shall also be revised to accommodate the revised drainage pattern. 36. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. Where .compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize : safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 37. Prior to any site grading or grading 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. Resolution No. 2006-107 Conditions of Approval - Final Tentative Tract Map 31910 Extension 1 Desert Elite, Inc. September 19, 2006 Page 13 38. 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. nRAINAC;F 39. The applicant shall revise the proposed retention basins to comply with the provisions of Section 13.24.120 (Drainage), LQMC, Engineering Bulletin No. 97-03 and to accommodate the revised building pad elevations of lots 42 thru 51, and lot 54. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The tributary drainage area shall extend to the centerline of adjacent public streets. The design storm shall be either the 3 hour, 6 hour or 24 hour event producing the greatest total run off. 40. 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. 41. 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 surges of up to 3 gph/1,000 sq. ft. of landscape area, and infiltrate 5 gpd/1,000 sq.., ft. 42. 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 dedicatedto the local water utility authority as a requirement for development of this property. 43. No fence or wall shall be constructed' around any retention basin unless approved by the Community Development Director and the City Engineer. Resolution No. 2006-107 Conditions of Approval — Final Tentative Tract Map 31910 Extension 1 Desert Elite, Inc. September 19, 2006 Page 14 44. 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. 45 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. 46. The design of the development shall not cause any increase in flood boundaries, levels or, frequencies in any area outside the development. 47. 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. 48. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. UTILITIES 49. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 50. The. applicant shall consult with,. and obtain clearances from, CVWD, in regard to the following identified Bureau of Reclamation (BOR) facilities, prior to issuance of any grading or building permits: • Lateral # 123.4-2.3 • Meter # 1913 • Tile Drainage System #427 Resolution No. 2006-107 Conditions of Approval — Final Tentative Tract Map 31910 Extension 1 Desert Elite, Inc. September 19, 2006 Page 15 51. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 52. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 53. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 54. The applicant shall comply with the provisions of Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties And Development), LQMC for public streets; and Section 13.24.080 (Street Design - Private Streets), where private. streets are proposed. 55. The applicant shah construct the following street improvements to conform with the General Plan. A. OFF -SITE STREETS 1) Monroe Street, Primary Arterial Option A 110''R/W ): Widen the west side of the street along all frontage adjacent to the Tentative Map boundary to its ultimate width on the west side as specified in the General Planandthe requirements of these conditions. Rehabilitate and/or reconstruct existing roadway pavement as. Resolution No. 2006-107 Conditions of Approval - Final Tentative Tract Map 31910 Extension 1 Desert Elite, Inc. September 19, 2006 Page 16 necessary to augment and convert it from a rural county -road design - standard to La Quinta's urban arterial design standard. The west curb face shall be located forty three feet (43') west of the centerline, except at locations where additional street width is needed to accommodate: a) A deceleration/right turn only lane at Primary Entry if required by a traffic study prepared for the applicant per Engineering Bulletin #03-08. The north curb face shall be located fifty five feet (55') west of the centerline. Other required _improvements in the Monroe Street 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) 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. c) Half width of an 18 foot wide raised landscaped median along the entire boundary of the Tentative Tract Map plus variable width as needed to accommodate full turn movements at the entry. d) A County of Riverside benchmark in the Monroe Street right of way established by a licensed surveyor. 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). The applicant shall attempt to acquire necessary ROW for Monroe Street along the frontage of the property located at 57161 Resolution No. 2006-107 Conditions of Approval — Final Tentative Tract Map 31910 Extension 1 Desert Elite, Inc. September 19, 2006 Page 17 Monroe Street (APN 764-010-010 to connect the above required improvements. Applicant shall bear the costs. and responsibility for acquisition, design and construction of required Monroe Street improvements within the ROW along this additional frontage.. The applicant shalt coordinate this effort through the Public Works Department. The applicant is responsible for construction of all improvements mentioned above. B. PRIVATE STREETS 1) Construct full 36-foot wide travel width improvements measured gutter flow line to gutter flow line except for the Lot A entry drive. C. PRIVATE CUL DE SACS 1) Shall be constructed according to the lay -out shown on the tentative map with. 38-foot curb radius or greater at the bulb using a smooth curve instead of angular lines similar to the layout shown on the rough grading plan. D. KNUCKLE 1) Construct the knuckle to conform to the lay -out shown in the tentative tract map, except for minor revisions as may be -required by the City Engineer. 56. All gated entries shall provide for a three -car minimum stacking capacity for inbound traffic (minimum 60 feet from the curb face to the voice box); 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 notgain entry into the development can safely make -a .full turn -around 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. Resolution No. 2006-107 Conditions of Approval Final Tentative Tract Map 31910 Extension 1 Desert Elite, Inc. September 19, 2006 Page 18 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. 57. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year Life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Residential 3.0" a.c./4.5 c.a.b. Primary Arterial 4.5" a.c./6.0 c.a.b. 58. 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. 59. General access points and turning movements of traffic are limited to the following: Primary Entry (South portion of Tentative Tract Map on Monroe Street): Full turn movements are allowed. 60. 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. 61. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. Resolution No. 2006-107 -- Conditions of Approval — Final Tentative Tract Map 31910 Extension 1 Desert Elite, Inc. September 19, 2006 Page 19 CONSTRUCTION 62. 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. IIf 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. 63. In conjunction with the preparation of on -site soil analysis, as required by the ,Building Department and City Engineer prior to issuance of building permits, the applicant's geologist shall also submit a liquefaction study which demonstrates the site's depth to groundwater, and includes mitigation measures if needed. LANDSCAPING 64. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 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 by the Community Development Department JCDD), prior to plan checking by .the Public Works Department. When plan checking has been completed by CDD, the applicant shall obtain the signatures of CVWD. and the Riverside County Agricultural Commissioner, prior to submittal for signature by the City Engineer. NOTE: Plans are not approved for construction until ,signed by the City Engineer. Resolution No. 2006-107 Conditions of Approval - Final Tentative Tract Map 31910 Extension 1 Desert Elite, Inc. September 19, 2006 Page 20 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. QUALITY ASSURANCE 69. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 70. 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. 71. 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. 72. 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 surveyorcertifying 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 73. The applicant shall comply with. the. provisions of Section 13.24.160 (Maintenance), LQMC. 74. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. Resolution No. 2006-107 Conditions of Approval - Final Tentative Tract Map 31910 Extension 1 Desert Elite, Inc. - September 19, 2006 Page 21 FEES AND DEPOSITS 75. 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. 76. 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). COMMUNITY DEVELOPMENT 77. Revisions to the tentative map during plan check including, but not limited to, lot line alignments, easements, improvement plan revisions, and similar minor changes which do not alter the design (layout, street patter, etc.) may be administratively approved through the plan check process, with the mutual consent and approval of the Community Development and Public Works Directors: This shall include increase or decrease in number of lots meeting the general criteria above, but involving a change of no more than 5 % of the total lot count of the Tentative Map as approved. Any revisions that would exceed the General Plan density standards, based on net area calculations, must be processed as an amended map, as set forth in Title 13, LQMC. 78. Prior to any non-agricultural ground disturbing activity on the site, and within 48 hours of the initiation of such activity, the project proponent shall cause the site to be surveyed by a qualified biologist for burrowing owls. Should the species be identified on site, passive relocation, in conformance with the 'biologist's recommendations and protocol in place at the time, will be completed prior to the initiation of any activity. The biologist shall submit a written report to the Community Development Department prior to issuance of any ground disturbing permit on the project site. 79. The site shall be monitored during on and off -site trenching and rough grading by qualified archaeological monitors. Proof of retention of monitors shall be given to the Community Development Department prior to issuance of first earth -moving or clearing permit, whichever occurs first. Resolution No. 2006-107 Conditions of Approval — Final Tentative Tract Map 31910 Extension 1 Desert Elite, Inc. September 19, 2006 Page 22 The monitor shall be empowered to stop or redirect activities, should resources be uncovered. A report of any findings, as well as appropriate curation of materials, shall be completed and submitted to the Community Development Department prior to issuance of building permits on the site. The final report on the monitoring shall be submitted to the Community Development Department prior to the final inspection of the project. 80. Collected archaeological resources shall be properly packaged for long term curation, in polyethylene self -seal bags, vials, or. film cans as appropriate, all within acid -free, standard size, comprehensively labeledarchive boxes and delivered to the City prior to issuance of first building permit for the property. Materials shall be accompanied by descriptive catalogue, field notes and records, primary research data, and the original graphics. 81. On- and off -site monitoring 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. Proof that a monitor, has been retained shall be given to the City prior to issuance of the first earth -moving permit, of before any clearing of the site as begun. 82. Recovered specimens shall be prepared to the point of identification and permanent preservation, including washing of sediments to recover small invertebrates and vertebrates. 83. 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 pale ontological resources 84. Collected resources and related reports, etc. shall be given to the City. Packaging of resources, reports, etc. shall comply with standards commonly used in the pale ontological industry. Resolution No. 2006-107 Conditions of Approval -Final Tentative Tract Map 31910 Extension 1 Desert Elite, Inc. September 19, 2006 Page 23 85. Landscaping plans for the units shall comply with the City's Water Efficient Landscaping Ordinance for this project and as approved by the Planning Commission. Said landscaping plans shall include a complete irrigation system showing location and size of water lines, valves, clock timers, type of sprinklers, etc. Prior to the issuance of any building permits the landscape plans shall also be approved by the Coachella Valley Water District before final approval by the Community Development Department. 86. The proposed recreation lot, shown as Lot "S" on the tentative map,. shall be appropriately landscaped and improved with recreational amenities. The proposed landscaping and amenity plans shall be prepared based on the direction of the Community Development and Community Services Departments, subject to review by the ALRC and approval by the Planning Commission. FIRE DEPARTMENT 87. Fire Department plan check is to run concurrent with the City plan check. Specific fire protection measures will be determined at the time of plan check. SHERIFF DEPARTMENT 88. Final conditions will be addressed when building plans are reviewed. Prior to issuance of a building permit, applicant shall review building plans with the Sheriff`s Department regarding Vehicle. Code requirements, defensible space, and other law enforcement and public safety concerns. All questions regarding the Sheriff's Department should be directed to the Deputy at (760) 863-8950.