PCRES 2003-085PLANNING COMMISSION RESOLUTION 2003-085
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL
APPROVAL OF TENTATIVE TRACT MAP 31348 TO SUBDIVIDE
±37.72 ACRES INTO 73 LOTS
CASE NO.: TENTATIVE TRACT MAP 31348
APPLICANT: MADISON DEVELOPMENT, LLC
WHEREAS, the Planning Commission of the City of La Quinta,
California, did, on the 23rd day of September and on the 281h day of October, 2003,
hold a duly noticed Public Hearing to consider Environmental Assessment 2003-
479 for a General Plan Amendment and Zone Change to change land use and
zoning designations from Medium Density Residential and Community Commercial
to Low Density Residential, and for a Tentative Tract Map to subdivide ±37.72
acres into 73 lots (72 single-family residential lots and one open space lot),
generally located on the west side of Washington Street at 46-201 Washington
Street, more particularly described as follows:
APNs: 604-050-009 & 010; 643-170-001 & 002
WHEREAS, said Tentative Tract Map 31348 has complied with the
requirements and rules to implement the California Environmental Quality Act
(CEQA) of 1970, as amended (Resolution 83-63), in that Environmental
Assessment 2003-479 was prepared and determined that although the project
could have a significant adverse effect on the environment, mitigation measures
have been imposed on the project that will reduce impacts to less than significant
levels; and
WHEREAS, at said Public Hearing, upon hearing and considering all
testimony and arguments, if any, of all interested persons desiring to be heard, said
Planning Commission did make the following mandatory findings to recommend to
the City Council approval of said Tentative Tract Map 31348:
1. The proposed tract map will be consistent with the City of La Quinta General
Plan in that the property will be designated Low Density Residential (LDR)
which, allows single-family residential uses, and Open Space (OS) which,
allows natural open space.
2. The design or improvement of the proposed subdivision will be consistent with
-- the City of La Quinta General Plan in that all streets and improvements in the
proposed project will conform to City standards contained in the General Plan
and Subdivision Ordinance. Access for the single-family lots will be provided
PC RESO TTM 31348.doc
Planning Commission Resolution 2003-085
Tentative Tract Map 31348
Madison Development, LLC
October 28, 2003
from existing streets in the immediate area. The density and design for the
tract will comply with the Land Use Element of the General Plan.
3. The design of the proposed subdivision and improvements are not likely to
cause substantial environmental damage, or substantially injure fish or wildlife,
or their habitat in that the subject site is physically suitable for the proposed
land division and currently, development exists to the north, east, and south of
the site which has reduced the amount of habitat suitable for any fish or
wildlife.
4. The design of the subdivision and type of improvements are not likely to cause
serious public health problems in that the applicant will be conditioned meet all
applicable requirements of the City of La Quinta to provide a safe environment
for the public.
5. The design of the subdivision or type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of
property within the proposed subdivision in that there are existing streets that
will provide direct access to the site. All required public easements will
provide access to the site or support necessary infrastructure improvements
for the proposed project.
NOW THEREFORE, BE IT RESOLVED by the Planning Commission of
the City of La Quinta, California, as follows:
1. That the above recitations are true and correct and constitute the findings of
the Planning Commission for this Tentative Tract Map;
2. That it does hereby recommend approval of Tentative Tract Map 31348 to the
City Council 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 City
of La Quinta Planning Commission, held on this 281h day of October, 2003, by the
following vote, to wit:
PC RESO TTM 31348.doc
Planning Commission Resolution 2003-085
Tentative Tract Map 31348
Madison Development, LLC
October 28, 2003
AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk
NOES: None
ABSENT: None
ABSTAIN: None
Tgly1 K nK, Chairman
Cittyf La Quinta, California
ATTEST:
IY I-VMAN, Community Development Director
of La Quinta, California
PC RESO TTM 31348.doc
PLANNING COMMISSION RESOLUTION 2003-085
TENTATIVE TRACT MAP 31348 - MADISON DEVELOPMENT, LLC
CONDITIONS OF APPROVAL - ADOPTED
OCTOBER 28, 2003
GENERAL
1. The applicant agrees to defend, indemnify and hold harmless the City of La
Quinta ("City"), its agents, officers and employees from any claim, action or
proceeding to attack, set aside, void, or annul the approval of this Tentative
Tract Map, or any Final Map recorded thereunder. The City shall have sole
discretion in selecting its defense counsel.
The City shall promptly notify the applicant of any claim, action or
proceeding and shall cooperate fully in the defense.
2. This Tentative Tract Map, and any Final Map recorded thereunder, shall
comply with the requirements and standards of Government Code § § 66410
through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La
Quinta Municipal Code ("LQMC").
The City of La Quinta's Municipal Code can be accessed on the City's Web Site at
www.la-quinta.org.
3. Prior to the issuance of any grading, construction, or building permit by the
City, the applicant shall obtain the necessary clearances and/or permits from
the following agencies:
Fire Marshal
Public Works Department (Grading Permit, Improvement Permit)
• Community Development Department
Riverside Co. Environmental Health Department
Desert Sands Unified School District
Coachella Valley Water District (CVWD)
Imperial Irrigation District (IID)
California Water Quality Control Board (CWQCB)
SunLine Transit Agency
The applicant is responsible for all requirements of the permits and/or
clearances from the above listed agencies. When the requirements include
approval of improvement plans, the applicant shall furnish proof of such
approvals when submitting those improvements plans for City approval.
Planning Commission Resolution 2003-085
Tentative Tract Map 31348
Madison Development, LLC
Conditions of Approval -Adopted
October 28, 2003
4. The applicant shall comply with applicable provisions of the City's NPDES
stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater
Management and Discharge Controls), and 13.24.170 (Clean Air/Clean
Water), LQMC; Riverside County Ordinance No. 457; and the State Water
Resources Control Board's Order No. 99-08-DWQ.
A. For construction activities including clearing, grading or excavation of
land that disturbs five (5) acres or more of land, or that disturbs less
than five (5) acres of land, but which is a part of a construction
project that encompasses more than five (5) acres of land, the
Permitee shall be required to submit a Storm Water Pollution
Protection Plan ("SWPPP").
B. The applicant's SWPPP shall be approved by the City Engineer prior to
any on or off -site grading being done in relation to this project.
C. The applicant shall ensure that the required SWPPP is available for
inspection at the project site at all times through and including
acceptance of all improvements by the City.
D. The applicant's SWPPP shall include provisions for all of the following
Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC):
1) Temporary Soil Stabilization (erosion control).
2) Temporary Sediment Control.
3) Wind Erosion Control.
4) Tracking Control.
5) Non -Storm Water Management.
6) Waste Management and Materials Pollution Control.
E. All erosion and sediment control BMPs proposed by the applicant shall
be approved by the City Engineer prior to any onsite or offsite grading,
pursuant to this project.
F. The approved SWPPP and BMP 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
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Planning Commission Resolution 2003-085
Tentative Tract Map 31348
Madison Development, LLC
Conditions of Approval -Adopted
October 28, 2003
Infrastructure Fee Program and Development Impact Fee program in effect at
the time of issuance of building permit(s)•
PROPERTY RIGHTS
6. Prior to issuance of any permit(s), the applicant shall acquire or confer
easements and other property rights necessary for the construction or proper
functioning of the proposed development. Conferred rights shall include
irrevocable offers to dedicate or grant access easements to the City for
emergency services and for maintenance, construction and reconstruction of
essential improvements.
7. The applicant shall offer for dedication on the Final Map all public street
right-of-ways in conformance with the City's General Plan, Municipal Code,
applicable specific plans, and/or as required by the City Engineer.
8. The public street right-of-way offers for dedication required for this
development include:
A. PUBLIC STREETS
11 Washington Street - (Major Augmented Arterial, 132' ROW) -
No additional right of way is required for the ultimate developed
right of way except for an additional right of way dedication at
the primary entry of 4 feet (75 feet from the centerline) running
laterally along the east boundary of the tentative tract from the
primary entry to its northerly end, to accommodate a
deceleration/right turn only lane conditioned under "STREET
AND TRAFFIC IMPROVEMENTS."
9. The applicant shall retain for private use on the Final Map all private street
right-of-ways in conformance with the City's General Plan, Municipal Code,
applicable specific plans, and/or as required by the City Engineer.
10. The private street right-of-ways to be retained for private use required for
this development include:
A. PRIVATE STREETS
Property line shall be placed at the back of curb. The required right of
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Planning Commission Resolution 2003-085
Tentative Tract Map 31348
Madison Development, LLC
Conditions of Approval -Adopted
October 28, 2003
way shall accommodate the required roadway travel width plus the
approved curb and gutter design. Use of smooth curves instead of
angular lines at property lines is recommended.
11 Lot B and C - Private Residential Streets measured from gutter
flow line to gutter flow line shall have a 36-foot travel width
except at the entry drives.
B. CUL DE SACS
11 The cul-de-sac shall conform to the shape shown on the
tentative map with 38-foot curb radius at the bulb or larger,
using a smooth curve instead of angular lines similar to the
layout shown on the tentative map.
11. Dedications shall include additional widths as necessary for dedicated right
and left turn lanes, bus turnouts, and other features contained in the
approved construction plans.
12. When the City Engineer determines that access rights to the proposed street
right-of-ways shown on the approved Tentative Tract Map are necessary
prior to approval of the Final Map dedicating such right-of-ways, the
applicant shall grant the necessary right-of-ways within 60 days of a written
request by the City.
13. The applicant shall offer for dedication on the Final Map a ten -foot wide
public utility easement 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.
14. The applicant shall create perimeter landscaping setbacks along all public
tight -of -ways as follows:
A. Washington Street (Major 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.
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Planning Commission Resolution 2003-085
Tentative Tract Map 31348
Madison Development, LLC
Conditions of Approval -Adopted
October 28, 2003
Where public facilities (e.g., sidewalks) are placed on privately -owned
setbacks, the applicant shall offer for dedication blanket easements for those
purposes on the Final Map.
15. The applicant shall offer for dedication those easements necessary for the
placement of, and access to, utility lines and structures, drainage basins,
mailbox clusters, park lands, and common areas on the Final Map.
16. Direct vehicular access to Washington Street from lots with frontage along
Washington 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.
17. The applicant shall furnish proof of easements, or written permission, as
appropriate, from those owners of all abutting properties on which grading,
retaining wall construction, permanent slopes, or other encroachments will
occur.
18. The applicant shall 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
19. 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
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Planning Commission Resolution 2003-085
Tentative Tract Map 31348
Madison Development, LLC
Conditions of Approval -Adopted
October 28, 2003
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.
20. 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.
21. The following improvement plans shall be prepared and submitted for review
and approval by the City. A separate set of plans for each line item specified
below shall be prepared. The plans shall utilize the minimum scale specified,
unless otherwise authorized by the City Engineer in writing. Plans may be
prepared at a larger scale if additional detail or plan clarity is desired. Note,
the applicant may be required to prepare other improvement plans not listed
here pursuant to improvements required by other agencies and utility
purveyors.
A. On -Site Street Plan: 1 " = 40' Horizontal,
1 " = 4' Vertical
B. On -Site Rough Grading/Drainage Plan 1 " = 40' 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 shall show all existing improvements
for a distance of at least 200-feet beyond the project limits, or a distance
sufficient to show any required design transitions.
"Rough Grading" plans shall normally include perimeter walls with Top Of
Wall & Top Of Footing elevations shown. All footings shall have a minimum
of 1-foot of cover, or sufficient cover to clear any adjacent obstructions.
22. The City maintains standard plans, detail sheets and/or construction notes
for elements of construction. For a fee, established by City Resolution, the
applicant may purchase such standard plans, detail sheets and/or
construction notes from the City.
23. 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
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Planning Commission Resolution 2003-085
Tentative Tract Map 31348
Madison Development, LLC
Conditions of Approval -Adopted
October 28, 2003
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
24. 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.
25. 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.
26. 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.
27. 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
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Planning Commission Resolution 2003-085
Tentative Tract Map 31348
Madison Development, LLC
Conditions of Approval -Adopted
October 28, 2003
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.
28. 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 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.
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.
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Planning Commission Resolution 2003-085
Tentative Tract Map 31348
Madison Development, LLC
Conditions of Approval -Adopted
October 28, 2003
C;RAnING
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 or architect,
B. A preliminary geotechnical ("soils") report prepared by a qualified
engineer,
C. A Fugitive Dust Control Plan prepared in accordance with Chapter
6.16, (Fugitive Dust Control), LQMC.
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
stabilized with such other erosion control measures, as were approved in the
Fugitive Dust Control Plan.
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Planning Commission Resolution 2003-085
Tentative Tract Map 31348
Madison Development, LLC
Conditions of Approval -Adopted
October 28, 2003
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 3:1 anywhere in the landscape setback
area, except for the backslope (ie 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 (18") 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.
36. The applicant shall minimize the differences in elevation between the
adjoining properties and the lots within this development.
Building pad elevations on contiguous interior lots shall not differ by more
than three feet except for lots that do not share a common street frontage,
where the differential shall not exceed five feet.
Where compliance within the above stated limits is impractical, the City may
consider alternatives that are shown to minimize safety concerns,
maintenance difficulties and neighboring -owner dissatisfaction with the grade
differential.
37. 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.
38. Prior to the issuance of a building permit for any building lot, the applicant
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Planning Commission Resolution 2003-085
Tentative Tract Map 31348
Madison Development, LLC
Conditions of Approval -Adopted
October 28, 2003
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.
39. This development shall comply with Chapter 8.11 (Flood Hazard
Regulations), LQMC. If any portion of any proposed building lot in the
development is or may be located within a flood hazard area as identified on
the City's Flood Insurance Rate Maps, the development shall be graded to
ensure that all floors and exterior fill (at the foundation) are above the level
of the project (100-year) flood and building pads are compacted to 95%
Proctor Density as required in Title 44 of the Code of Federal Regulations,
Section 65.5(a) (6). Prior to issuance of building permits for lots which are
so located, the applicant shall furnish elevation certifications, as required by
FEMA, that the above conditions have been met.
DRAINAGE
40. The applicant shall comply with the provisions of Section 13.24.120
(Drainage), LQMC, Engineering Bulletin No. 97.03. More specifically,
stormwater falling on site during the 100 year storm shall be retained within
the development, unless otherwise approved by the City Engineer. The
tributary drainage area shall extend to the centerline of adjacent public
streets. The design storm shall be either the 3 hour, 6 hour or 24 hour event
producing the greatest total run off.
41. In design of retention facilities, the maximum percolation rate shall be two
inches per hour. The percolation rate will be considered to be zero unless
the applicant provides site specific data indicating otherwise.
42. The applicant shall discharge storm water not retained in the proposed
retention basin drainage system from on -site, and off -site tributary area
assigned to the development site, into the existing storm drain located in
Washington Street. The applicant shall pay a prorated share of cost to design
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Planning Commission Resolution 2003-085
Tentative Tract Map 31348
Madison Development, LLC
Conditions of Approval -Adopted
October 28, 2003
and install the storm drain. The prorated share shall be calculated on the
basis on the percentage of the capacity of the existing storm drain system
utilized by the development's storm water.
The applicant's designer shall submit a hydrology report and calculations of
the abovementioned capacity usage with the rough grading plan application.
43. The project shall be designed to accommodate purging and blowoff water
(through underground piping and/or retention facilities) from any on -site or
adjacent well sites granted or dedicated to the local water utility authority as
a requirement for development of this property.
44. No fence or wall shall be constructed around any retention basin unless
approved by the Community Development Director and the City Engineer.
45. 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 storm
drain and retention basin capacity to flow out of the development through a
designated overflow and into the historic drainage relief route.
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Planning Commission Resolution 2003-085
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Madison Development, LLC
Conditions of Approval -Adopted
October 28, 2003
48. Storm drainage historically received from adjoining property shall be received
and retained or passed through into the historic downstream drainage relief
route.
49. When an applicant proposes discharge of storm water directly, or indirectly,
into the Coachella Valley Stormwater Channel, the applicant shall indemnify
the City from the costs of any sampling and testing of the development's
drainage discharge which may be required under the City's NPDES Permit or
other City- or area -wide pollution prevention program, and for any other
obligations and/or expenses which may arise from such discharge. The
indemnification shall be executed and furnished to the City prior to the
issuance of any grading, construction or building permit, and shall be binding
on all heirs, executors, administrators, assigns, and successors in interest in
the land within this tentative parcel map excepting therefrom those portions
required to be dedicated or deeded for public use. The form of the
indemnification shall be acceptable to the City Attorney. If such discharge is
approved for this development, the applicant shall make provisions in the
final development CC&Rs for meeting these potential obligations.
UTILITIES
50. The applicant shall comply with the provisions of Section 13.24.110
(Utilities), LQMC.
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.
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Planning Commission Resolution 2003-085
Tentative Tract Map 31348
Madison Development, LLC
Conditions of Approval -Adopted
October 28, 2003
53. Underground utilities shall be installed prior to overlying hardscape. For
installation of utilities in existing improved streets, the applicant shall comply
with trench restoration requirements maintained, or required by the City
Engineer.
The applicant shall provide certified reports of all utility trench compaction
for approval by the City Engineer.
STREET AND TRAFFIC IMPROVEMENTS
54. The applicant shall comply with the provisions of Sections 13.24.060 (Street
Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access
For Individual Properties And Development), LQMC for public streets; and
Section 13.24.080 (Street Design - Private Streets), where private streets
are proposed.
55. The applicant shall construct the following street improvements to conform
with the General Plan (street type noted in parentheses.)
A. OFF -SITE STREETS
1) Washington Street (Major Augmented Arterial; 132' R/W):
No additional widening on the west side of the street along all
frontage adjacent to the Tentative Map boundary is required except
at locations where additional street width is needed to
accommodate:
a) A deceleration/right turn only lane at the Washington Street
Primary Entry. The west curb face shall be located sixty two
feet (62') west of the centerline and shall accommodate an
11-foot wide by 115-foot long (including taper) deceleration
lane.
Other required improvements in the Washington Street right of way
and/or adjacent landscape setback area include:
b) All appurtenant components such as, but not limited to curb,
gutter, traffic control striping, legends, and signs.
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Planning Commission Resolution 2003-085
Tentative Tract Map 31348
Madison Development, LLC
Conditions of Approval -Adopted
October 28, 2003
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 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.
The applicant shall extend improvements beyond the subdivision
boundaries to ensure they safely integrate with existing
improvements (e.g., grading; traffic control devices and transitions
in alignment, elevation or dimensions of streets and sidewalks).
B. PRIVATE STREETS
1) Lot B and C - Construct full 36-foot wide travel width
improvements within a 37-foot right-of-way where the
residential streets are double loaded, except at the entry drive
areas.
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. GATED ENTRY DRIVES
1) Primary Entry (Washington Street)
a) The gated main entry on Washington Street shall provide
for a minimum of two -car minimum stacking capacity for
inbound traffic; and shall provide for a full turn -around
outlet for non -accepted vehicles.
b) The applicant shall submit a detailed exhibit at a scale of
1 " = 10', demonstrating that those passenger vehicles
PC COA TTM 31348.rtf
Planning Commission Resolution 2003-085
Tentative Tract Map 31348
Madison Development, LLC
Conditions of Approval -Adopted
October 28, 2003
that do not gain entry into the development can safely
make a full turn -around back out onto the main street
from the gated entry.
c) Two lanes of traffic shall be provided on the entry side of
the gated entry, one lane shall be dedicated for residents,
and one lane for visitors.
2) Secondary Entry (Highland Palms Drive)
a) The gated main entry on Highland Palms Drive shall be for
resident's entry only. 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 "U" Turn back out
onto the Highland Palms Drive from the gated entry.
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.
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.
or the approved equivalents of alternate materials.
56. 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.
PC COA TTM 31348.rtf
Planning Commission Resolution 2003-085
Tentative Tract Map 31348
Madison Development, LLC
Conditions of Approval -Adopted
October 28, 2003
57. General access points and turning movements of traffic are limited to the
following:
A. Primary Entry (Washington Street): Right turn in, right turn out. Left
turn in and left turn out movements are restricted.
58. 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.
59. 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
60. The City will conduct final inspections of habitable buildings only when the
buildings have improved street and (if required) sidewalk access to publicly -
maintained streets. The improvements shall include required traffic control
devices, pavement markings and street name signs. If on -site streets in
residential developments are initially constructed with partial pavement
thickness, the applicant shall complete the pavement prior to final
inspections of the last ten percent of homes within the development or when
directed by the City, whichever comes first.
LANDSCAPING
61. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks)
& 13.24.140 (Landscaping Plans), LQMC.
62. The applicant shall provide landscaping in the required setbacks, retention
basins, common lots and park areas.
63. Landscape and irrigation plans for landscaped lots and setbacks, medians,
— retention basins, and parks shall be signed and stamped by a licensed
landscape architect.
PC COA TTM 31348.rtf
Planning Commission Resolution 2003-085
Tentative Tract Map 31348
Madison Development, LLC
Conditions of Approval -Adopted
October 28, 2003
64. The applicant shall submit the landscape plans for approval by the
Community Development Department (CDD), prior to plan checking by the
Public Works Department. When plan checking has been completed by CDD,
the applicant shall obtain the signatures of CVWD and the Riverside County
Agricultural Commissioner, prior to submittal for signature by the City
Engineer.
NOTE: Plans are not approved for construction until signed by the City
Engineer.
65. Landscape areas shall have permanent irrigation improvements meeting the
requirements of the City Engineer. Use of lawn areas shall be minimized
with no lawn, or spray irrigation, being placed within 18 inches of curbs
along public streets.
PUBLIC SERVICES
66. The applicant shall provide public transit improvements as required by
SunLine Transit Agency and approved by the City Engineer.
QUALITY ASSURANCE
67. The applicant shall employ construction quality -assurance measures that
meet with the approval of the City Engineer.
68. The applicant shall employ, or retain, qualified engineers, surveyors, and
such other appropriate professionals as are required to provide the expertise
with which to prepare and sign accurate record drawings, and to provide
adequate construction supervision.
69. The applicant shall arrange for, and bear the cost of, all measurements,
sampling and testing procedures not included in the City's inspection
program, but which may be required by the City, as evidence that the
construction materials and methods employed comply with the plans,
specifications and other applicable regulations.
70, Upon completion of construction, the applicant shall furnish the City with
reproducible record drawings of all improvement plans which were approved
by the City. Each sheet shall be clearly marked "Record Drawing," "As -
PC COA TTM 31348.rtf
Planning Commission Resolution 2003-085
Tentative Tract Map 31348
Madison Development, LLC
Conditions of Approval -Adopted
October 28, 2003
Built" or "As -Constructed" and shall be stamped and signed by the engineer
or surveyor certifying to the accuracy and completeness of the drawings.
The applicant shall have all AutoCAD or raster -image files previously
submitted to the City, revised to reflect the as -built conditions.
MAINTENANCE
71. The applicant shall comply with the provisions of Section 13.24.160
(Maintenance), LQMC.
72. The applicant shall make provisions for the continuous and perpetual
maintenance of all private on -site improvements, perimeter landscaping,
access drives, and sidewalks.
FEES AND DEPOSITS
73. The applicant shall comply with the provisions of Section 13.24.180 (Fees
and Deposits), LQMC. These fees include all deposits and fees required by
the City for plan checking and construction inspection. Deposits and fee
amounts shall be those in effect when the applicant makes application for
plan check and permits.
74. Permits issued under this approval shall be subject to the provisions of the
Infrastructure Fee Program and Development Impact Fee program in effect at
the time of issuance of building permit(s).
75. Prior to completion of any approval process for modification of boundaries of
the property or lots subject to these conditions, the applicant shall process a
reapportionment of any bonded assessment(s) against the property and pay
the cost of such reapportionment.
COMMUNITY DEVELOPMENT DEPARTMENT
76. Prior to the issuance of the first Certificate of Occupancy for the site, the
project proponent shall submit an Oral History to the Community
Development Department and La Quinta Historical Society. The oral report
-- shall be prepared in accordance with the City's and the Society's standards
for such documents.
PC COA TTM 31348.rtf
Planning Commission Resolution 2003-085
Tentative Tract Map 31348
Madison Development, LLC
Conditions of Approval -Adopted
October 28, 2003
77. The applicant shall prepare a technical report on the eligibility for the
National Register of Historic Places.
78. The applicant shall submit a revised Phase I Cultural Resources Report
regarding the regional significance of the site in terms of it's historical
context, including but not limited to, it's relationship to the Bradshaw Trail,
the stage coach line, water wells, and prehistoric Indian villages and trails.
The Phase I Cultural Resources Report shall be completed prior to issuance
of Certificate of Occupancy and be considered independently by the Historic
Preservation Committee at a future date.
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 City prior to issuance of first earth -moving or clearing
permit. A final mitigation monitoring report shall be submitted to the Historic
Preservation Committee prior to the issuance of a building permit for the first
production home for 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 labeled archive boxes and
delivered to the City prior to issuance of first building permit for the property.
Materials will be accompanied by descriptive catalogue, field notes and
records, primary research data, and the original graphics.
81. The applicant shall design new gates, similar to the existing gates, and
incorporate the name "Point Happy Ranch" into the gates. The applicant
shall place a plaque on, or near the gates, commemorating the site and it's
relationship to the region.
82. The applicant shall name streets within the development after individuals
historically associated with the property.
83. The applicant shall demonstrate that the gates along Washington Street are
not "historic" by submitting proof that they are less than 50 years old.
Should the gates not be historic, they can be removed and not preserved on
site.
PC COA TTM 31348.rtf
Planning Commission Resolution 2003-085
Tentative Tract Map 31348
Madison Development, LLC
Conditions of Approval -Adopted
October 28, 2003
84. Should demolition, grubbing, earth moving or construction be planned for
initiation between February 15 and September 30, a field survey shall be
conducted to determine whether birds under the jurisdiction of the Migratory
Bird Act are nesting on the property. Should such nests be identified, buffer
areas in conformance with the Act, but no less than 50 feet in all directions,
shall be established where no construction activity is allowed, until such time
as the biologist determines that the nesting birds have discontinued use of
the nest. The required field survey shall be submitted to the Community
Development Department for review and approval prior to the issuance of
the first permit for demolition, grubbing, grading or building on the site
85. A three person committee shall be formed, consisting of a representative of
the Homeowners' Association (HOA), a representative of the California
Department of Fish and Game (CDFG), and the Community Development
Director. The purpose of the committee shall be to assess the need for a
fence/wall to keep Peninsular Bighorn Sheep from entering the project site.
The committee shall monitor sheep activity through various means, including
interviews with residents and visitors, and any available scientific data
available and/or funded by the HOA. If bighorn sheep are seen on the project
site, the committee shall require that the HOA, at its expense, construct an
8-foot fence along the property line between the project and the hillside.
Gaps in the fence should be 11 centimeters or less. At the request of CDFG,
temporary fencing may be required between the time that sheep are seen on
the site and the time that permanent fencing is required. The committee shall
exist for a period of 10 years, unless bighorn sheep are documented to no
longer inhabit the Santa Rosa Mountains. At the end of ten (10) years, if
any one member of the committee deems it necessary for the committee to
continue, it shall do so until such time that it is dissolved by a unanimous
vote of all its members.
86. The project applicant shall either provide an easement to the City, or
evidence of dedication to a non-profit organization, to be approved by the
City prior to recordation of the final map, ensuring that the preservation of
lot 73 as open space in perpetuity." The lot shall also be a lettered lot on
the Final Tract Map.
87. Blasting and pile -driving, or other excessively loud construction activity, shall
be prohibited from January 1 through June 30 of each year.
PC COA TTM 31348.rtf
Planning Commission Resolution 2003-085
Tentative Tract Map 31348
Madison Development, LLC
Conditions of Approval -Adopted
October 28. 2003
88. All lighting on the project site shall be directed away from the hillsides. The
project CC&Rs shall include this prohibition for individual homeowners.
89. Plants toxic to bighorn sheep shall be prohibited on the site. The project
proponent shall secure a clearance letter from a qualified biologist, certifying
the suitability of the plant palette for the project site. The project CC&Rs
shall include this prohibition for individual homeowners.
90. The CC&Rs for the project shall prohibit dogs from running loose in the
project site.
91. The CC&Rs for the project shall include a provision prohibiting access by
either persons or animals to the adjacent hillsides.
92. Prior to the issuance of grading permits, the applicant shall submit a plan
demonstrating that all pesticides, fungicides, herbicides and fertilizers used
on the site, during both construction and operations, are not harmful to
wildlife. The plan shall be submitted to the Community Development
Department for review and approval.
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