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PCRES 2004-059PLANNING COMMISSION RESOLUTION 2004-059 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF THE SUBDIVISION OF FOUR ACRES INTO 12 RESIDENTIAL LOTS AND MISCELLANEOUS LOTS CASE NO.: TENTATIVE TRACT 32068 MARVIN INVESTMENTS WHEREAS, The Planning Commission of the City of La Quinta, California, did on the 27" day of July, 2004, hold a duly noticed Public Hearing to consider the request of Marvin Investments for the subdivision of four acres into 12 single-family residential lots and other miscellaneous lots, located at on the south side of Mandarina, approximately 200 feet west of Pomelo, more particularly described as: APN'S 772-190-007 THROUGH -012 WHEREAS, said Tentative Tract Map has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63) in that the La Quinta Community Development Department has determined that the request has been assessed in conjunction with Environmental Assessment 85-034 for Specific Plan 85-006 which was certified on October 15, 1985. No changed circumstances or conditions are proposed, or new information submitted which would trigger the preparation of a subsequent environmental review pursuant to Public Resources Code Section 21 166; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did make the following Mandatory Findings to justify a recommendation for approval of said Tentative Tract Map 32068: The Tentative Tract Map and its improvement and design are consistent with the General Plan in that its street design and lots are in conformance with applicable goals, policies, and development standards, such as lot size, and will provide adequate infrastructure and public utilities. 2. The design of the subdivision and its proposed improvements are not likely to create environmental damage or substantially and avoidably injure wildlife or their habitat because the most of the site is paved and conditions have been incorporated into the project approval to mitigate impacts. P:\stan\ttms\tt 32068 pc res.doc Planning Commission Resolution 2004-059 Tentative Tract Map 32068 Marvin Investments Adopted: July 27, 2004 3. The design of the subdivision and subsequent improvements are not likely to cause serious public health problems because urban infrastructure improvements are existing, or will be installed based on applicable local, State, and Federal requirements. 4. The design of the revised subdivision and the proposed types of improvements will not conflict with easements acquired by the public at large, for access through or use of the property within the subdivision in that none presently exist and access is provided within the project and to adjacent public streets. 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 constitute the findings of the Planning Commission in this case; 2. That the Planning Commission does hereby recommend approval of Tentative Tract Map 32068 to the City Council for the reasons set forth in this Resolution, subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 27`" day of July, 2004, by the following vote, to wit: AYES: Commissioners Daniels, Ladner and Chairman Kirk NOES: None ABSENT: Commissioners Krieger and Quill ABSTAIN: None AK, Chairman La Quinta, California P:\stan\ttms\tt 32068 pc res.doc Planning Commission Resolution 2004-059 Tentative Tract Map 32068 Marvin Investments Adopted: July 27, 2004 ATTEST: OSCAR ORCI, Planning Manager City of La Quinta, California P:\stan\ttms\tt 32068 pc res.doc Planning Commission Resolution 2004-059 Tentative Tract Map 32068 Marvin Investments Conditions of Approval — Adopted Adopted: July 27, 2004 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 any necessary clearances and/or permits from the following agencies if required: 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. 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 P:\stan\t1ms\tt32068 pc coa.doc Planning Commission Resolution 2004-059 Tentative Tract Map 32068 Marvin Investments Conditions of Approval - Adopted Adopted: July 27, 2004 County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08-DWQ . A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permittee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP")• The applicant or his/her designer can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. 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. P:\stan\ttms\tt32068 pc coa.doc Planning Commission Resolution 2004-059 Tentative Tract Map 32068 Marvin Investments Conditions of Approval - Adopted Adopted: July 27, 2004 5. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). PROPERTY RIGHTS 6. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 7. The applicant shall 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. 8. 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 to gutter flow line shall have a 36-foot travel width as shown on the approved tentative tract map. 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. 9. 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. 10. 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 to include Mandarina. Such easement may be reduced to five feet in width with the express written approval of IID. Additionally, the applicant shall not build any structures within 10 feet south of the Mandarina Street right of way. P:\stan\ttms\tt32068 pc coa.doc Planning Commission Resolution 2004-059 Tentative Tract Map 32068 Marvin Investments Conditions of Approval - Adopted Adopted: July 27, 2004 11. Dedications shall include additional easement as necessary to provide adequate intersection sight distance, and other features contained in the approved construction plans and as required by the Public Works Department. Pursuant to this requirement, the Applicant shall include in the submittal packet containing the draft final map submitted for map checking, an street geometric layout, drawn at 1 " equals 40 feet, detailing the abovementioned design aspects. The geometric layout shall be accompanied with sufficient professional engineering studies to confirm the appropriate length of intersection sight distance that may impact the right of way dedication required of the project and the associated perimeter wall setback requirement. 12. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, and common areas on the Final Map. 13. 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. The applicant shall furnish proof of relinquishing the "Common Area" lot from the Home Owner's Association from the former owner as shown on recorded Tract Map No. 24890-2. 14. 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 15. 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. P:\stan\ttms\tt32068 pc coa.doc Planning Commission Resolution 2004-059 Tentative Tract Map 32068 Marvin Investments Conditions of Approval - Adopted Adopted: July 27, 2004 IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 16. 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. 17. 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 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. In addition to the normal set of improvement plans, "On -Site Precise Grading" plan is required to be submitted for approval by the Building Official and the City Engineer. "On -Site Precise Grading" plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and ADA requirements. 18. The City maintains standard plans, detail sheets and/or construction notes for elements of construction on the Public Works Online Engineering Library at http://www.la-guinta.org/publicworks/tractl/z onlinelibrary/0 intropage.htm. 19. 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. P:\stan\ttms\tt32068 pc coa.doc Planning Commission Resolution 2004-059 Tentative Tract Map 32068 Marvin Investments Conditions of Approval - Adopted Adopted: July 27, 2004 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 20. Prior to approval of any Final Map, the applicant shall construct all on -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. 21. 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. 22. 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. 23. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. GRADING 24. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 25. 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. 26. 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, P:\stan\ttms\tt32068 pc coa.doc Planning Commission Resolution 2004-059 Tentative Tract Map 32068 Marvin Investments Conditions of Approval — Adopted Adopted: July 27, 2004 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. 27. 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. 28. 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. 29. Building pad elevations of perimeter lots shall not differ by more that one foot from the building pads in adjacent developments. 30. 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. P:\stan\ttms\tt32068 pc coa.doc Planning Commission Resolution 2004-059 Tentative Tract Map 32068 Marvin Investments Conditions of Approval - Adopted Adopted: July 27, 2004 31. 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. 32. 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. DRAINAGE 33. Stormwater handling shall conform with the approved hydrology and drainage report for the Citrus Development. Nuisance water shall be retained onsite and/or disposed as approved by the City Engineer. UTILITIES 34. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 35. 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. 36. 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 37. 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. P:\stan\ttms\tt32068 pc coa.doc Planning Commission Resolution 2004-059 Tentative Tract Map 32068 Marvin Investments Conditions of Approval - Adopted Adopted: July 27, 2004 38. The applicant shall construct the following street improvements to conform with the approved Tentative Tract Map. A. PRIVATE STREETS 1) Construct full 36-toot wide travel width improvements measured gutter flow line to gutter flow line with proposed curb and gutter design. B. PRIVATE CUL DE SACS 11 Shall be constructed according to the lay -out shown on the tentative map with 38-foot curb radius or greater at the bulb similar to the layout shown on the rough grading plan. 39, 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. 40. 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. LANDSCAPING 41. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. Additionally, the applicant shall provide a four -foot landscape planter along the existing service road located south of the tentative tract as a buffer between Lots 6 through 9 and any CMU wall to be constructed. — 42. Landscape and irrigation plans for landscaped lots and setbacks, medians, and retention basins shall be signed and stamped by a licensed landscape architect. 43. The applicant shall submit the landscape plans for approval by the Community Development Department (CDD), prior to plan checking by the Public Works P:\stan\ttms\tt32068 pc coa.doc Planning Commission Resolution 2004-059 Tentative Tract Map 32068 Marvin Investments Conditions of Approval - Adopted Adopted: July 27, 2004 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. 44. 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 45. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 46. 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. 47. 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. 48. Upon completion of construction, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing," "As -Built" or "As - Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all AutoCAD or raster -image files previously submitted to the City, revised to reflect the as -built conditions. MAINTENANCE 49. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 50. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks if required. P:\stan\ttms\tt32068 pc coa.doc Planning Commission Resolution 2004-059 Tentative Tract Map 32068 Marvin Investments Conditions of Approval — Adopted Adopted: July 27, 2004 FEES AND DEPOSITS 51. 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. 52. 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). FIRE MARSHAL 53. For residential areas, approved standard fire hydrants, located at each intersection and spaced 330 feet apart with no portion of any lot frontage more than 165 feet from a hydrant. Minimum fire flow shall be 1000 GPM for a 2-hour duration at 20 PSI. 54. Blue dot retro-reflectors shall be placed in the street 8 inches from centerline to the side that the fire hydrant is on, to identify fire hydrant locations. 56. Any turn or turn -around requires a minimum 38-foot turning radius. 57. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. One set of water plans are to be submitted to the Fire Department for approval. MISCELLANEOUS 58. Perimeter walls shall be compatible with existing walls in the area of the project site and approval by the Community Development Department. Walls shall be placed to provide adequate intersection visibility. 59. Proposed street name with a minimum of two alternative names shall be submitted to the Community Development Department for approval. Names shall be approved prior to recordation of final map. 60. This tentative tract map shall expire two years after City Council approval, unless recorded or granted a time extension pursuant to the requirements of Division 13 of the La Quinta Municipal Code. P:\stan\ttms\tt32068 pc coa.doc Planning Commission Resolution 2004-059 Tentative Tract Map 32068 Marvin Investments Conditions of Approval - Adopted Adopted: July 27, 2004 61. Minor lot configuration modifications required to comply with these conditions requirements shall be reviewed and approved by the Community Development Department and Public Works Department. 62. Production home designs and front yard landscaping requires approval of a Site Development Permit application by the Planning Commission. P:\stan\ttms\tt32068 pc coa.doc