CC Resolution 2009-032RESOLUTION 2009 - 032
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, APPROVING THE
SUBDIVISION OF AN 8.45± ACRE PROPERTY INTO 2
PARCELS FOR CONDOMINIUM PURPOSES, LOCATED
WITHIN THE CENTRE POINTE SPECIFIC PLAN BETWEEN
MILES AVENUE AND SEELEY DRIVE
CASE NO.: TENTATIVE TRACT MAP 36089
APPLICANT: DOLPHIN LA QUINTA, LLC
WHEREAS, the City Council of the City of La Quinta, California, did on the
21st day of April, 2009, hold aduly-noticed Public Hearing to consider the request
of DOLPHIN LA QUINTA, LLC for approval of a Tentative Tract Map to allow the
subdivision of an 8.45± acre property into two residential lots for condominium
purposes, totaling up to 150 residential units, located on property located at
southwest corner of Miles Avenue and Seeley Drive, more particularly described as:
A DIVISION OF PARCEL B OF LLA 2008-495, PORTION OF PARCEL 2
AND 3 OF PM 31116, BEING A PORTION OF THE SOUTH HALF OF
SECTION 19, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN
BERNARDINO BASE AND MERIDIAN
APN'S: 604-040-076, 604-040-077, 604-040-078
WHEREAS, The Planning Commission of the City of La Quinta, California, did
on the 10`h day of March, 2009, hold a duly noticed Public Hearing to consider the
request of Dolphin La Quinta, LLC., for the subdivision of 8.45± acres into two
residential lots for condominium purposes and did adopt Resolution 2009-009,
recommending approval of Tentative Tract Map 36089 to the City Council; and,
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 83-68). The City Council previously certified Environmental
Assessments 2001-436 and 2005-551 for Specific Plan 2001-055, the Center
Pointe Specific Plan. No changed circumstances or conditions exist which would
trigger the preparation of a subsequent Environmental Impact Report or
environmental review pursuant to Public Resources Code Section 21 166; and,
WHEREAS, the Planning Department did publish a public hearing notice in
The Desert Sun newspaper, on the 10"' day of April, 2009, as prescribed by the
Municipal Code, with public hearing notices mailed to all property owners within
500 feet of the property in question; and,
Resolution No. 2009-032
Tentative Tract Map 36089
Dolphin La O.uinta, LLC.
Adopted: April 21, 2009
WHEREAS, at said Public Hearing, upon hearing and considering all
testimony and arguments of all interested persons desiring to be heard, the City
Council did make the following mandatory findings to justify approval of the
Tentative Tract Map:
1. The proposed map or vesting map is consistent with the City's General Plan
and the applicable Centre Pointe specific plan.
Tentative Tract Map 36089 and its design and improvement, is consistent
with the General Plan and the Centre Pointe Specific Plan in that the lots are
intended to be used in compliance with the General Plan and zoning
designation for resort residential uses. The new parcels have or will be
developed in accordance with the development standards of the Tourist
Commercial zoning of the parcel.
2. The design or improvement of the proposed subdivision is consistent with
the City's General Plan and applicable Centre Pointe specific plan.
The design and improvement of Tentative Tract Map 36089 is consistent
with the La Quinta General Plan, with the implementation of the conditions
of approval to ensure proper street widths and perimeter walls, as well as
safe and adequate storm water drainage, street, intersection, entry, and
other infrastructure improvements. The design of the condominium map is in
accord with the Centre Point Specific Plan in that it remains consistent with
the Tourist Commercial land use and design identified in the Specific Plan.
The total number of 150 condominium units will be less than the maximum
permitted density identified in the Specific Plan.
3. The design of the subdivision or the proposed improvements is not likely to
cause substantial environmental damage nor substantially injure fish or
wildlife or their habitat.
The design of Tentative Tract Map 36089 and proposed improvements is not
likely to cause substantial environmental damage, nor substantially and
avoidably injure fish or wildlife or their habitat. No significant biological
resources have been identified to exist on the site. The Project site does not
contain and is not proximate to any wetland, blue-line stream, marsh, vernal
pool or other wildlife habit. The Project will not routinely use or transport
any hazardous material(s), nor are there any hazardous materials identified to
exist on the Project site. The design, density, and layout of Tentative Tract
Map 36089 is in accord with prior environmental studies and will conform to
all previously required mitigation measures.
4. The design of the subdivision or type of improvements is not likely to cause
serious public health problems.
Resolution No. 2009-032
Tentative Tract Map 36089
Dolphin La Quinta. LLC.
Adopted: April 21, 2009
The design of Tentative Tract Map 36089 and type of improvements are not
likely to cause serious public health problems, in that this issue was
considered and addressed in prior environmental assessments prepared for
the Project. The Project will not routinely use or transport any hazardous
material(s), nor are there any hazardous materials identified to exist on the
Project site. Prior environmental assessments have determined that there are
no significant impacts to air or water quality, geology soils, or other
significant health or safety-related impacts which can not be mitigated to
less than significant levels, with incorporation of recommended mitigation
measures into the Project, which have been required.
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.
The design and improvements required for Tentative Tract Map 36089 will
not conflict with easements acquired by the public at large, for access
through, or use of, property within the proposed Map since none presently
exist, but future easements will be provided for reciprocal access and parking
as needed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La
Quinta, California, as follows:
That the above recitations are true and constitute the Findings of the City
Council in this case;
2. That it does hereby approve Tentative Tract Map 36089, as referenced in
the title of this Resolution, for the reasons set forth in this Resolution, and
subject to the Conditions of Approval as attached.
PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La
Quinta City Council, held on this the 21st day of April, 2009, by the following vote,
to wit:
AYES: Council Members Franklin, Henderson, Kirk, Sniff, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
Resolution No. 2009-032
Tentative Tract Map 36089
Dolphin La Quinta, LLC.
Adopted: April 21, 2009
DO ADOL ,Ma r
City of La Quinta, California
ATTEST:
VERONICA J~fONTECINO, CMC, City Clerk
City of La Q Inta, California
(SEAL)
APPROVED AS TO FORM:
. KA H INE JENS ,City Attorney
City of La Quinta, California
RESOLUTION NO. 2009 - 032
CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP 36089
DOLPHIN LA O:UINTA, LLC.
ADOPTED: APRIL 21, 2009
GENERAL
1. The applicant agrees to defend, indemnify and hold harmless the City of La
Quinta ("City"1, 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 Ithe "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. This Tentative Tract Map shall expire two years after City Council approval
on April 21, 2009, unless recorded or granted a time extension pursuant to
the requirements of La Quinta Municipal Code 13.12.150 (Term of Tentative
Maps) and the Subdivision Map Act.
4. Tentative Tract Map 36089 shall comply with all applicable conditions of
approval and amendments for Specific Plan 2001-059, Environmental
Assessment 2001-436, Site Development Permit 2003-793, and
Development Agreement 2003-006.
5. 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:
• Riverside County Fire Marshal
• Public Works Department (Grading Permit, Green Sheet (Public Works
Clearance) for Building Permits, Improvement Permit)
• Planning Department
RESOLUTION NO. 2009-032
CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP 36089
DOLPHIN LA QUINTA, LLC.
ADOPTED: APRIL 21, 2009
• 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
• South Coast Air Quality Management District Coachella Valley
The applicant is responsible for all requirements of the permits and/or
clearances from the above listed agencies. When the requirements include
approval of improvement plans, the applicant shall furnish proof of such
approvals when submitting those improvements plans for City approval.
A project-specific NPDES construction permit must be obtained by the
applicant; who then shall submit a copy of the Regional Water Quality
Control Board's ("RWQCB") acknowledgment of the applicant's Notice of
Intent ("NOI"), prior to the issuance of a grading or site construction permit
by the City.
6. The applicant shall comply with applicable provisions of the City's NPDES
stormwater discharge permit, LOMC Sections 8.70.010 et seq. (Stormwater
Management and Discharge Controls, and 13.24.170 (Clean Air/Clean
Water; Riverside County Ordinance No. 457; the California Regional Water
Quality Control Board -Colorado River Basin Region Board Order No. R7-
2008-0001 and the State Water Resources Control Board's Order No. 99-
O8-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
("S W PPP") .
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RESOLUTION NO. 2009-032
CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP 36089
DOLPHIN LA QUINTA, LLC.
ADOPTED: APRIL 21, 2009
The applicant or design professional 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") (LQMC Section 8.70.020
(Definitions)):
1) Temporary Soil Stabilization (erosion controll.
2) Temporary Sediment Control.
3) Wind Erosion Control.
4) Tracking Control.
5) Non-Storm Water Management.
61 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.
7. 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).
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RESOLUTION NO. 2009-032
CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP 36089
DOLPHIN LA QUINTA, LLC.
ADOPTED: APRIL 21, 2009
8. Approval of this Tentative Tract Map shall not be construed as approval for
any horizontal dimensions implied by any site plans or exhibits unless
specifically identified in the following conditions of approval.
PROPERTY RIGHTS
9. Prior to issuance of any permit(sl, 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. Said conferred rights shall also include grant of
access easement to the City of La Quinta for the purpose of graffiti removal
by City staff or assigned agent in perpetuity and agreement to the method to
remove graffiti and to paint over to best match existing. The applicant shall
establish the aforementioned requirements in the CC&R's for the
development or other agreements as approved by the City Engineer.
Pursuant to the aforementioned, the applicant shall submit and execute an
"AUTHORIZATION TO REMOVE GRAFFITI FROM PRIVATE PROPERTY" form
located at the Public Works Department Counter prior to Certificate of
Occupancy.
10. Pursuant to the aforementioned condition, conferred rights shall include
approvals from the master developer or Development Agreement over
easements and other property rights necessary for construction and proper
functioning of the proposed development not limited to access rights over
proposed and/or existing private streets that access public streets and open
space/drainage facilities of the master development. The applicant shall
provide recorded information for reciprocal access agreements between CP
Development, Dolphin La Quinta, LLC and other property owners on the
north side of Seeley Drive.
11. The applicant shall offer for dedication on the Final Map all public street
rights-of-way in conformance with the City's General Plan, Municipal Code,
applicable specific plans, and/or as required by the City Engineer.
12. The public street right-of-way offers for dedication required for this
development include:
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RESOLUTION NO. 2009-032
CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP 36089
DOLPHIN LA QUINTA, LLC.
ADOPTED: APRIL 21. 2009
A. PUBLIC STREETS
1) Miles Avenue (Primary Arterial, Option A - 110' ROW) -The
standard 55 from the centerline of Miles Avenue for a total
110-foot ultimate developed right of way has been previously
dedicated on Parcel Map No. 31116. No additional right of way
dedication is required on Miles Avenue for this tentative tract
map.
2) Seeley Drive (Non-conforming Collector Street, 80' ROW) -
Eighty feet (80') right of way dedication for a total 80-foot
ultimate developed right of way from Washington Street to
Miles Avenue has been previously dedicated on Parcel Map No.
31116. No additional right of way dedication is required on
Seeley Drive for this tentative tract map except for additional
right of way dedication at the shared entry drive to Lots 1 and 2
off of Seeley Drive and for Lot A of this tentative tract map to
include all curb returns and corner cuts at the access drive.
13. 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.
14. When the City Engineer determines that access rights to the proposed street
rights-of-way shown on the approved Tentative Tract Map are necessary
prior to approval of the Final Map dedicating such rights-of-way, the
applicant shall grant the necessary rights-of-way within 60 days of a written
request by the City.
15. The applicant shall create perimeter landscaping setbacks along all public
rights-of-way as follows:
A. Miles Avenue (Primary Arterial, Option A) -The perimeter landscaping
setback of 20 feet required by the General Plan has been retained by
the City of La Quinta Redevelopment Agency along the Miles Avenue
right of way. No landscape setback is required along Miles Avenue for
this Tentative Parcel Map.
B. Seeley Drive (Non-conforming Collector Street, 80' ROW) - 20-foot
from the R/W-P/L.
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RESOLUTION NO. 2009-032
CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP 36089
DOLPHIN LA QUINTA, LLC.
ADOPTED: APRIL 21, 2009
The setback requirements shall apply to all frontages including, but not
limited to, remainder parcels and sites dedicated for utility purposes.
Where public facilities (e.g., sidewalks) are placed on privately-owned
setbacks, the applicant shall offer for dedication blanket easements for those
purposes on the Final Map.
16. The applicant shall offer for dedication those easements necessary for the
placement of, and access to, utility lines and structures, drainage basins,
mailbox clusters, park lands, and common areas on the Final Map.
17. Direct vehicular access to Seeley Drive from lots with frontage along Seeley
Drive is restricted, except for those access points identified on the tentative
tract map, or as otherwise conditioned in these conditions of approval. The
vehicular access restriction shall be shown on the recorded final tract map.
18. The applicant shall furnish proof of easements, or written permission, as
appropriate, from those owners of all abutting properties on which grading,
retaining wall construction, permanent slopes, or other encroachments will
occur.
19. 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.
STREET AND TRAFFIC IMPROVEMENTS
20. The applicant shall construct the following street improvements to conform
with the General Plan (street type noted in parentheses.)
A. OFF-SITE STREETS
1) Miles Avenue (Primary]Arterial; 1 10' R/W option):
a) No additional widening on the south side of the street
along all frontage adjacent to the Tentative Map boundary
to its ultimate width on the south side as specified in the
General Plan and the requirements of these conditions are
required of this tentative tract map.
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RESOLUTION NO. 2009-032
CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP 36089
DOLPHIN LA QUINTA, LLC.
ADOPTED: APRIL 21, 2009
2) Seeley Drive (Non-conforming Collector Street, 80' ROW) -
Eighty feet (80') right of way dedication for a total 80-foot
ultimate developed right of way from Washington Street to
Miles Avenue has been previously widened by Parcel Map No.
31116.
a) No additional widening is required on the north side of
Seeley Drive for this tentative tract map except for
additional right of way dedication at the shared entry
drive to Lots 1 and 2 off of Seeley Drive for this tentative
tract map to accommodate curb returns and corner cut
outs at the access drive to this tentative tract map and as
approved by the City Engineer.
21. General access points and turning movements of traffic are limited to the
following:
A. Primary Entry -Westerly Drive across Eisenhower Ambulatory Center
(Seeley Drive): All in and out movements are allowed.
B. Secondary Entry -Easterly Drive at the existing roundabout (Seeley
Drive): Right turn in and out movements are allowed and left turn
movements in and out are prohibited due to the roundabout circulation
pattern.
22. 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.
23. A Traffic Analysis required for the Eisenhower Ambulatory Clinic (SDP 2007-
887) has determined that the traffic signal conditioned of Parcel Map No.
31116 will be required at project opening. Therefore, the applicant shall not
be granted Certificate of Occupancy for any future development on Lot 2
until said traffic signal is operational as required by the City Engineer if this
tentative tract precedes the afore mentioned.
24. 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.
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RESOLUTION NO. 2009-032
CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP 36089
DOLPHIN LA QUINTA, LLC.
ADOPTED: APRIL 21, 2009
PARKING LOTS and ACCESS POINTS
25. The design of parking facilities shall conform to LOMC Chapter 9.150 and in
particular the following:
A. The parking stall and aisle widths and the double hairpin stripe parking
stall design.
B. Cross slopes should be a maximum of 2% where ADA accessibility is
required including accessibility routes between buildings.
C. Building access points shall be shown on the Precise Grading Plans to
better evaluate ADA accessibility issues.
D. Accessibility routes to public streets and adjacent development shall
be shown on the Precise Grading Plan.
E. Parking stall lengths shall be according to LQMC Chapter 9.150 and
be a minimum of 17 feet in length with a 2-foot overhang for standard
parking stalls and 18 feet with a 2-foot overhang for handicapped
parking stall or as approved by the City Engineer. One van accessible
handicapped parking stall is required per 8 handicapped parking stalls.
F. Drive aisles between parking stalls shall be a minimum of 26 feet with
access drive aisles to Public Streets a minimum of 30 feet as shown
on the Site Development Plan site plan or as approved by the City
Engineer.
Entry drives, main interior circulation routes, corner cutbacks, bus turnouts,
dedicated turn lanes, ADA accessibility route to public streets and other
features shown on the approved construction plans, may require additional
street widths and other improvements as may be determined by the City
Engineer.
26. General access points and turning movements of traffic to on site private
streets are limited to the access locations approved for this tentative tract
map and these conditions of approval.
27. The applicant shall design street pavement sections using CalTrans' design
procedure for 20-year life pavement, and the site-specific data for soil
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RESOLUTION NO. 2009-032
CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP 36089
DOLPHIN LA QUINTA, LLC.
ADOPTED: APRIL 21, 2009
strength and anticipated traffic loading (including construction traffic).
Minimum structural sections shall be as follows:
Parking Lot & Aisles (Low Traffic) 3.0" a.c./4.5" c.a.b.
Parking Lot & Aisles (High Traffic) 4.5" a.c./5.5" c.a.b.
Loading Areas 6" P.C.C./4" c.a.b.
or the approved equivalents of alternate materials.
28. 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.
29. Improvements shall include appurtenances such as traffic control signs,
markings and other devices, raised medians if required, street name signs
and sidewalks.
30. 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.
FINAL MAPS
31. Prior to the City's approval of a Final Map, the applicant shall furnish
accurate mylars of the Final Map that were approved by the City's map
checker on a storage media acceptable to the City Engineer.
32. As future site development on Lot 2 has not been defined by the applicant,
the applicant is required to submit all documentation at the time of
entitlement for Lot 2.
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RESOLUTION NO. 2009-032
CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP 36089
DOLPHIN LA QUINTA, LLC.
ADOPTED: APRIL 21, 2009
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.
33. 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 LOMC Section 13.24.040 (Improvement Plans).
34. 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 Non-Residential/ Commercial Precise Grading Plan (Lot 2
Remainder)
1 " = 20' Horizontal
B. PM10 Plan (Lot 2 remainder) 1" = 40' Horizontal
C. SWPPP (Lot 2 remainder) 1" = 40' Horizontal
D. WOMP (Lot 2 remainder) (Plan submitted in Report Form)
NOTE: A through D to be submitted concurrently.
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 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.
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RESOLUTION NO. 2009-032
CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP 36089
DOLPHIN LA QUINTA, LLC.
ADOPTED: APRIL 21, 2009
The applicant shall prepare an accessibility assessment on a marked up print
of the building floor plan identifying every building egress and notes the
2007 California Building Code accessibility requirements associated with
each door. The assessment must comply with submittal requirements of the
Building & Safety Department. A copy of the reviewed assessment shall be
submitted to the Engineering Department in conjunction with the Precise
Grading Plan when it is submitted for plan checking.
In addition to the normal set of improvement plans, an "On-Site Non-
Residential/ Commercial Precise Grading" plan is required to be submitted for
approval by the Building Official, Planning Director and the City Engineer.
"On-Site Non-Residential/ Commercial 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.
The City maintains standard plans, detail sheets and/or construction notes
for elements of construction which can be accessed via the "Plans, Notes
and Design Guidance" section of the Public Works Department at the City
website (www.la-quinta.orgl. Please navigate to the Public Works
Department home page and look for the Standard Drawings hyperlink.
35. The applicant shall furnish a complete set of the mylars of all approved
improvement plans on a storage media acceptable to the City Engineer.
36. Upon completion of construction, and prior to final acceptance of the
improvements by the City, 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 approved mylars previously submitted to the
City, revised to reflect the as-built conditions. The applicant shall employ or
retain the Engineer Of Record during the construction phase of the project so
that the EOR. can make site visits in support of preparing As Built drawings.
However, if subsequent approved revisions have been approved by the City
Engineer and reflect said "As-Built" conditions, the Engineer Of Record may
submit a letter attesting to said fact to the City Engineer in lieu of mylar
submittal.
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RESOLUTION NO. 2009-032
CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP 36089
DOLPHIN LA QUINTA, LLC.
ADOPTED: APRIL 21, 2009
IMPROVEMENT SECURITY AGREEMENTS
37. 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.
38. 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 LQMC Chapter 13.28
(Improvement Security).
39. 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.
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RESOLUTION NO. 2009-032
CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP 36089
DOLPHIN LA QUINTA, LLC.
ADOPTED: APRIL 21, 2009
40. Depending on the timing of the development of this Tentative Tract Map,
and the status of the off-site improvements at the time, the applicant may be
required to:
A. Construct certain off-site improvements.
B. Construct additional off-site improvements, subject to the
reimbursement of its costs by others.
C. Reimburse others for those improvements previously constructed that
are considered to be an obligation of this tentative tract map.
D. Secure the costs for future improvements that are to be made by
others.
E. To agree to any combination of these actions, 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.
41. 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 1 1 " reduction of each page of the
Final Map, along with a copy of an 8-1 /2" x 1 1 " 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.
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RESOLUTION NO. 2009-032
CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP 36089
DOLPHIN LA QUINTA, LLC.
ADOPTED: APRIL 21, 2009
Security will not be required for telephone, natural gas, or Cable T.V.
improvements.
42. 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.
PRECISE GRADING
43. The applicant shall comply with the provisions of LQMC Section 13.24.050
(Grading Improvements).
44. 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.
45. 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 LQMC
Chapter 6.16, (Fugitive Dust Control), and
D. A Best Management Practices report prepared in accordance with
LQMC Sections 8.70.010 and 13.24.170 (NPDES stormwater
discharge permit and Storm Management and Discharge Controls).
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.
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RESOLUTION NO. 2009-032
CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP 36089
DOLPHIN LA QUINTA, LLC.
ADOPTED: APRIL 21, 2009
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.
46. 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.
47. Grading within the perimeter setback and parkway areas shall have
undulating terrain and shall conform with the requirements of LOMC Section
9.60.240(F) except as otherwise modified by this condition requirement.
The maximum slope shall not exceed 3:1 anywhere in the landscape setback
area, except for the backslope (i.e. the slope at the back of the landscape
lot) which shall not exceed 2:1 if fully planted with ground cover. The
maximum slope in the first six (6) feet adjacent to the curb shall not exceed
4:1 when the nearest edge of sidewalk is within six feet (6') of the curb,
otherwise the maximum slope within the right of way shall not exceed 3:1 .
All unpaved parkway areas adjacent to the curb shall be depressed one and
one-half inches (1.5") in the first eighteen inches (18") behind the curb.
48. 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.
49. Prior to any site grading or re-grading that will raise or lower any portion of
the site by more than plus or minus five tenths of a foot 10.5') 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.
50. 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 with applicable compaction tests and over excavation
documentation.
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RESOLUTION NO. 2009-032
CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP 36089
DOLPHIN LA QUINTA, LLC.
ADOPTED: APRIL 21, 2009
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.
nRAINAGF
51. Stormwater handling shall conform with the approved hydrology and
drainage report for Parcel Map No. 31116 and as modified and approved for
this Tentative Tract Map. Nuisance water shall be disposed of in an
approved manner.
52. 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 LQMC Section
9.100.04016)(7).
53. The design of the development shall not cause any increase in flood
boundaries and levels in any area outside the development.
54. 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.
55. Storm drainage historically received from adjoining property shall be received
and retained or passed through into the historic downstream drainage relief
route.
56. As the applicant proposes discharge of storm water directly, or indirectly,
into the Coachella Valley Stormwater Channel per the approved hydrology
report for Parcel Map No. 31116, 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,
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RESOLUTION NO. 2009-032
CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP 36089
DOLPHIN LA QUINTA, LLC.
ADOPTED: APRIL 21, 2009
executors, administrators, assigns, and successors in interest in the land
within this tentative parcel map excepting there from 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. The 100-year
storm water HGL shall be 3 feet below the channel lining and 2 feet below
the Project Storm HGL. The applicant shall confirm recordation between CP
Development for the transfer of access and maintenance agreement for
Storm Drain Facilities or equal.
57. The applicant shall comply with applicable provisions for post construction
runoff per the City's NPDES stormwater discharge permit, LOMC Sections
8.70.010 et seq. (stormwater Management and Discharge Controls), and
13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457;
and the California Regional Water Quality Control Board -Colorado River
Basin (CRWQCB-CRB) Region Board Order No. R7-2008-001.
A. For post-construction urban runoff from New Development and
Redevelopments Projects, the applicant shall implement requirements
of the NPDES permit for the design, construction and perpetual
operation and maintenance of BMPs per the approved Water Quality
Management Plan (WQMP) for the project as required by the California
Regional Water Quality Control Board - Colorado River Basin
(CRWQCB-CRB) Region Board Order No. R7-2008-001.
B. The applicant shall implement the WQMP Design Standards per
(CRWQCB-CRB) Region Board Order No. R7-2008-001 utilizing BMPs
approved by the City Engineer. A project specific WQMP shall be
provided which incorporates Site Design and Treatment BMPs utilizing
first flush infiltration as a preferred method of NPDES Permit
Compliance for Whitewater River receiving water, as applicable.
l1Tll ITIFS
58. The applicant shall comply with the provisions of LQMC Section 13.24.110
(Utilities).
59. 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
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RESOLUTION NO. 2009-032
CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP 36089
DOLPHIN LA QUINTA, LLC.
ADOPTED: APRIL 21, 2009
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.
60. 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. Additionally, grease traps and the
maintenance thereof shall be located as to not conflict with access
aisles/entrances.
CONSTRUCTION
61. 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 units within the development or when
directed by the City, whichever comes first.
WATER-EFFICIENT LANDSCAPING AND IRRIGATION
62. The applicant shall comply with LOMC Sections 8.13 (Landscapingl,
9.150.050 (Landscaping in Parking Areas), 13.24.130 (Landscaping
Setbacks) & 13.24.140 (Landscaping Plans).
63. The applicant shall provide landscaping in the required setbacks, retention
basins, common lots and park areas.
64. Landscape and irrigation plans for landscaped lots and setbacks, medians,
retention basins, and parks shall be signed and stamped by a licensed
landscape architect.
65. The applicant shall submit the landscape plans for approval by the Planning
Department and green sheet sign off by the Public Works Department.
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RESOLUTION NO. 2009-032
CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP 36089
DOLPHIN LA QUINTA, LLC.
ADOPTED: APRIL 21, 2009
When plan checking has been completed by the Planning Department, the
applicant shall obtain the signatures of CVWD and the Riverside County
Agricultural Commissioner, prior to submittal for signature by the Planning
Director, however landscape plans for landscaped median on public streets
shall be approved by the both the Planning Director and the City Engineer.
Where City Engineer approval is not required, the applicant shall submit for a
green sheet approval by the Public Works Department.
Final landscape plans for on-site planting shall be reviewed by the ALRC and
approved by the Planning Director prior to issuance of first building permit.
Final plans shall include all landscaping associated with this project.
NOTE: Plans are not approved for construction until signed by both the
Planning Director and/or the City Engineer.
66. Landscape areas shall have permanent irrigation improvements meeting the
requirements of the Planning Director. Use of lawn areas shall be minimized
with no lawn, or spray irrigation, being placed within 24 inches of curbs
along public streets.
67. The applicant or his agent has the responsibility for proper sight distance
requirements per guidelines in the AASHTO "A Policy on Geometric Design
of Highways and Streets, 5`" Edition" or latest, in the design and/or
installation of all landscaping and appurtenances abutting and within the
private and public street right-of-way.
MAINTENANCE
68. The applicant shall comply with the provisions of LOMC Section 13.24.160
(Maintenance-.
69. The applicant shall make provisions for the continuous and perpetual
maintenance of perimeter landscaping up to the curb.
70. Adequate trash enclosures and disposal facilities shall be provided to serve
the existing units on Lot 1. If necessary, an easement or similar agreement
shall be provided to accommodate shared trash disposal facilities between
Lots 1 and 2.
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RESOLUTION NO. 2009-032
CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP 36089
DOLPHIN LA QUINTA, LLC.
ADOPTED: APRIL 21, 2009
FEES AND DEPOSITS
71 . The applicant shall comply with the provisions of LQMC Section 13.24.180
(Fees and Deposits). 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.
72. 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).
73. The applicant shall pay the Coachella Valley Multi-Species Habitat
Conservation Plan/Natural Community Habitat Conservation Plan Mitigation
Fee, in accord with Chapter 3.34 of the Municipal Code and any exemption
policy adopted by the City Council.
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