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PC Resolution 2016-013PLANNING COMMISSION RESOLUTION 2016 - 013 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO CITY COUNCIL ADOPTION OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND APPROVAL OF A ZONE CHANGE (VERY LOW DENSITY TO LOW DENSITY RESIDENTIAL) AND TENTATIVE TRACT MAP TO SUBDIVIDE A 12.25 ACRE SITE INTO 36 RESIDENTIAL LOTS CASE NUMBERS: ENVIRONMENTAL ASSESSMENT 2015-0007 ZONE CHANGE 2015-0003 TENTATIVE TRACT MAP 36561 (TTM2015-0008) APPLICANT: PRISM REALTY CORPORATION WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 13th day of September, 2016, hold a duly noticed Public Hearing to consider a request by Prism Realty Corporation to change a zone from Very Low to Low Density Residential and subdivide approximately 12.25 acres into 36 residential lots, generally located on Monroe Street, between Avenue 54 and Airport Boulevard, more particularly described as: APN: 767-320-039 WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on September 2, 2016 as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and, Environmental Assessment 2015-0007 WHEREAS, said Environmental Assessment complies with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63), in that the Design and Development Director has conducted an Initial Study (Environmental Assessment 2015-0007) and has determined that the project will not have a significant adverse impact on the environment, and is recommending that a Negative Declaration of environmental impact be certified; and, WHEREAS, the Design and Development Department mailed and published a Notice of Intent to adopt a Negative Declaration in compliance with Public Resources Code Section 21092 on the 13th day of May, 2016 to the Riverside County Clerk; and, Planning Commission Resolution 2016 - 013 Environmental Assessment 2015-0007, Zone Change 2015-0003, Tentative Tract Map 36561 (TTM2015-0008) Applicant: Prism Realty Corporation Owner: Prism -Birch Associates, LLC September 13, 2016 Page 2 of 7 WHEREAS, per AB -52 consultation requirements, the Design and Development Department has forwarded information regarding the proposed project to those Tribes referenced on the Tribal Consultation List and has followed up with all Tribes requesting information or consultation and placed their recommendations for monitoring in the Conditions of Approval; and, WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts, findings, and reasons to justify recommending adoption of said Environmental Assessment: 1. That the Negative Declaration has been prepared and processed in compliance with the State CEQA Guidelines and the City's implementation procedures. The Planning Commission has independently reviewed and considered the information contained in the Environmental Assessment, and finds that it adequately describes and addresses the environmental effects of the project. Based upon the Initial Study, the comments received thereon, and the entire record of proceeding for this project, the Planning Commission finds that there are no significant environmental effects resulting from this project. 2. The project will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant impacts were identified by Environmental Assessment 2015- 0007. 3. The project will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number, or restrict the range of, rare or endangered plants or animals or eliminate important examples of the major periods of California history, or prehistory. 4. There is no evidence before the City that the project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends. 5. The project does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental Planning Commission Resolution 2016 - 013 Environmental Assessment 2015-0007, Zone Change 2015-0003, Tentative Tract Map 36561 (TfM2015-0008) Applicant: Prism Realty Corporation Owner: Prism -Birch Associates, LLC September 13, 2016 Page 3 of 7 goals, as no significant effects on environmental factors have been identified under Environmental Assessment 2015-0007. 6. The project will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity, as development patterns in the City will not be significantly affected by the project. 7. The project will not create environmental effects that will adversely affect the human population, either directly or indirectly, as no significant impacts have been identified which would affect human health, risk potential or public services. 8. The City has on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 CAL Code Regulations 753.5(d). 9. Based upon the Initial Study and the entire record of proceedings, the Project has no potential for adverse effects on wildlife as that term is defined in Fish and Game Code §711.2. 10. The location of the documents which constitute the record of proceedings upon which the Planning Commission decision is based upon, are located in the La Quinta City Hall, Design and Development Department, 78495 Calle Tampico, La Quinta, California, 92253. Zone Change 2015-0003 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 approval of said Zone Change to the City Council: 1. Consistency with General Plan The Zone Change is consistent with the goals, objectives and policies of the General Plan. The project is consistent with the General Plan land use designation of Low Density Residential, and the Zone Change will bring the Zoning Map into consistency with the General Plan. Planning Commission Resolution 2016 - 013 Environmental Assessment 2015-0007, Zone Change 2015-0003, Tentative Tract Map 36561 (TTM2015-0008) Applicant: Prism Realty Corporation Owner: Prism -Birch Associates, LLC September 13, 2016 Page 4 of 7 2. Public Welfare Approval of the Zone Change will not create conditions materially detrimental to the public health, safety and general welfare. The proposal results in the development of 36 residential lots within the Low Density Residential Zone, consistent with the planned use under the General Plan. 3. Land Use Compatibility The proposal incorporates a land use that is compatible with zoning on adjacent properties. The proposal includes single-family homes adjacent to existing single-family residential communities. 4. Property Suitability The new zoning designation is suitable and appropriate for the subject property, in that it will allow single-family residential homes in an area surrounded by existing similar uses. 5. Change in Circumstances Approval of the zone change is warranted because the situation and the general conditions of the property have substantially changed since the existing zoning was imposed. The site was formerly used as an equestrian facility. As the surrounding areas developed into residential uses, the equestrian facility has become inessential. Furthermore, the City's last General Plan Update changed the land use designation of the site from Very Low to Low Density Residential, which created the ability to develop at a higher density (2 - 4 units/acre). Tentative Tract Map 36561 (TTM2015-0008) 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 pursuant to Section 13.12.130 of the Municipal Code to justify recommendation of said Tentative Tract Map: 1. The proposed tentative tract map is consistent with the La Quinta General Plan. The proposed map conforms to the design guidelines and standards of the General Plan for Low Density Residential designated properties, as set forth in the Land Use Element, in that it will facilitate the construction of additional residential options while maintaining Planning Commission Resolution 2016 - 013 Environmental Assessment 2015-0007, Zone Change 2015-0003, Tentative Tract Map 36561 (TTM2015-0008) Applicant: Prism Realty Corporation Owner: Prism -Birch Associates, LLC September 13, 2016 Page 5 of 7 residential development standards including setbacks, pad elevations, and other design and performance standards that assure a high quality of development. The project density of approximately 2.9 units per acre is consistent with the Low Density Residential land use designation of up to four dwelling units per acre, as set forth in the General Plan. 2. The design or improvement of the proposed tentative tract map is consistent with the City's General Plan in that its street and parcel design are in conformance with applicable goals, policies, and development standards, and will provide adequate infrastructure and public utilities. 3. The design of the tentative tract map and the proposed improvements are not likely to cause substantial environmental damage nor substantially injure fish or wildlife or their habitat. The Design and Development Department has prepared Environmental Assessment 2015-0007 for this project, in compliance with the requirements of the California Environmental Quality Act (CEQA), and has determined that the project will not have a significant adverse impact on the environment, and is recommending that a Negative Declaration of environmental impact be adopted. 4. The design of the tentative tract map and the proposed improvements are not likely to cause serious public health problems. As conditioned, the proposed tentative tract map will not result in any increased hazard to public health or welfare, as the design has been reviewed by the appropriate responsible agencies for health and safety issues, with none identified. 5. The site of the proposed tentative tract map is physically suitable for the type of development and proposed density of development. As conditioned, the proposed design of the subdivision is physically compatible with the site with regards to level topography for the type of land use designation and potential development of the subject property, and in consideration of existing residential development in the surrounding area. 6. As conditioned, the proposed tentative tract map is consistent with all applicable provisions of the La Quinta Zoning Ordinance, including, but Planning Commission Resolution 2016 - 013 Environmental Assessment 2015-0007, Zone Change 2015-0003, Tentative Tract Map 36561 (TTM2015-0008) Applicant: Prism Realty Corporation Owner: Prism -Birch Associates, LLC September 13, 2016 Page 6 of 7 not limited to, minimum lot area requirements, any other applicable provisions of this code, and the Subdivision Map Act. 7. As conditioned, the design of the tentative tract map will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision, for access through or use of the property within the subdivision in that 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: SECTION 1. That the above recitations are true and constitute the findings of the Planning Commission in this case. SECTION 2. That the Planning Commission does hereby recommend to the City Council adoption of Environmental Assessment 2015-0007, which includes a Negative Declaration, for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist, attached and on file in the Design and Development Department. SECTION 3. That the Planning Commission does hereby recommend approval of Zone Change 2015-0003 and Tentative Tract Map 36561 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 the 13th day of September, 2016, by the following vote: AYES: Commissioners Blum, Wright and Chairperson Bettencourt NOES: Commissioners Fitzpatrick and Quill ABSENT: None ABSTAIN: None Planning Commission Resolution 2016 - 013 Environmental Assessment 2015-0007, Zone Change 2015-0003, Tentative Tract Map 36561 (TTM2015-0008) Applicant: Prism Realty Corporation Owner: Prism -Birch Associates, LLC September 13, 2016 Page 7 of 7 PHILI F. BETTENCOURT, Chairman City of La Quinta, California ATTEST: r GABOIEPILREVIanning Manager City of Ea Q ' ta, California PLANNING COMMISSION RESOLUTION 2016 - 013 CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 36561 (TTM2015-0008) APPLICANT: PRISM REALTY CORPORATION OWNER: PRISM -BIRCH ASSOCIATES, LLC SEPTEMBER 13, 2016 Page 1 of 23 GENERAL 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. This Tentative Tract Map shall expire on October 4, 2018, two years from the date of City Council approval, unless recorded or granted a time extension pursuant to the requirements of La Quinta Municipal Code 13.12.160 (Extensions of time for tentative maps). 4. 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 necessary: • Riverside County Fire Marshal • La Quinta Design and Development Department (Grading Permit, Green Sheet (Development Services Clearance) for Building Permits, Water Quality Management Plan(WQMP) Exemption Form - Whitewater River Region, Improvement Permit) • Riverside Co. Environmental Health Department A Coachella Valley Unified School District (CVUSD) Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) PLANNING COMMISSION RESOLUTION 2016 - 013 CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 36561 (TTM2015-0008) APPLICANT: PRISM REALTY CORPORATION OWNER: PRISM -BIRCH ASSOCIATES, LLC SEPTEMBER 13, 2016 Page 2 of 23 0 California Regional Water Quality Control Board (CRWQCB) • State Water Resources Control Board 9 SunLine Transit Agency (SunLine) 0 South Coast Air Quality Management District Coachella Valley (SCAQMD) 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. 5. Coverage under the State of California Construction General 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") and Waste Discharger Identification (WDID) number to the City prior to the issuance of a grading or building permit. 6. 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; the California Regional Water Quality Control Board - Colorado River Basin Region Board Order No. R7-2013- 0011 and the State Water Resources Control Board's Order No. 2012-0006- DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP") to the State Water Resources Control Board. 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 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. PLANNING COMMISSION RESOLUTION 2016 - 013 CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 36561 (TTM2015-0008) APPLICANT: PRISM REALTY CORPORATION OWNER: PRISM -BIRCH ASSOCIATES, LLC SEPTEMBER 13, 2016 Page 3 of 23 C. 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 control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. D. 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. The SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City Council. The inclusion in the Homeowners' Association (HOA) Conditions, Covenants, and Restrictions (CC&Rs), a requirement for the perpetual maintenance and operation of all post -construction BMPs as required; and the applicant shall execute and record an agreement that provides for the perpetual maintenance and operation of all post -construction BMPs is required. 7. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual attorney's fees incurred by the City Attorney to review, negotiate and/or modify any documents or instruments required by these conditions, if Developer requests that the City modify or revise any documents or instruments prepared initially by the City to effect these conditions. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. PLANNING COMMISSION RESOLUTION 2016 - 013 CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 36561 (TTM2015-0008) APPLICANT: PRISM REALTY CORPORATION OWNER: PRISM -BIRCH ASSOCIATES, LLC SEPTEMBER 13, 2016 Page 4 of 23 8. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual consultant's fees incurred by the City for engineering and/or surveying consultants to review and/or modify any documents or instruments required by this project. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. PROPERTY RIGHTS 9. 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. 10. 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. 11. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Monroe Street (Primary Arterial) - 54 feet from the centerline of Monroe Street for a total 108 -foot ultimate developed right of way in conformance with the City's General Plan except for additional right of way dedication to accommodate a deceleration/right turn only lane at the Monroe Street entry and to accommodate an acceleration lane for left turn out movements as shown on TTM 36561. 12. 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 and as shown on TTM 36561. PLANNING COMMISSION RESOLUTION 2016 - 013 CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 36561 (TTM2015-0008) APPLICANT: PRISM REALTY CORPORATION OWNER: PRISM -BIRCH ASSOCIATES, LLC SEPTEMBER 13, 2016 Page 5 of 23 13. The private street right-of-ways to be retained for private use required for this development include: A. PRIVATE STREETS Private residential streets measured gutter flow line to gutter flow line shall have a 36 -foot travel width. The travel width may be reduced to 32 feet with parking restricted to one side, and 28 feet if on -street parking is prohibited. The applicant shall establish provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed and approved by the Design and Development Department prior to recordation. B. CUL DE SACS 1) The cul de sac shall conform to the shape shown on the tentative map with a 38 -foot curb radius at the bulb or larger as shown on the tentative map. 14. Right-of-way geometry for standard cul-de-sacs and property line corner cut-backs at curb returns shall conform to Riverside County Standard Drawings #800, and #805, respectively, unless otherwise approved by the City Engineer. 15. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. Pursuant to this requirement, the Applicant shall include in the submittal packet containing the draft final map submitted for map checking, an offsite street geometric layout, drawn at 1" equals 40 feet, detailing the following design aspects: median curb line, outside curb line, lane line alignment including lane widths, left turn lanes, deceleration lane(s) and bus stop turnout(s). The geometric layout shall be accompanied with sufficient professional engineering studies to confirm the appropriate length of all proposed turn pockets and auxiliary lanes that may impact the right of way dedication required of the project and the associated landscape setback requirement as shown on TTM 36561. 16. When the City Engineer determines that access rights to the proposed street PLANNING COMMISSION RESOLUTION 2016 - 013 CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 36561 (TTM2015-0008) APPLICANT: PRISM REALTY CORPORATION OWNER: PRISM -BIRCH ASSOCIATES, LLC SEPTEMBER 13, 2016 Page 6 of 23 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. 17. 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. 18. The applicant shall create perimeter landscaping setbacks along all public right- of-ways as follows: A. Monroe Street (Primary Arterial) - 20 -foot from the R/W-P/L. The listed setback depth shall be the average depth where a meandering wall design is approved. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 19. 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. 20. Direct vehicular access to Monroe Street from lots with frontage along Monroe Street is restricted, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final tract map. 21. 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. 22. With regards to the "Water Well Agreement" recorded May 04, 1989 as PLANNING COMMISSION RESOLUTION 2016 - 013 CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 36561 (TTM2015-0008) APPLICANT: PRISM REALTY CORPORATION OWNER: PRISM -BIRCH ASSOCIATES, LLC SEPTEMBER 13, 2016 Page 7 of 23 Instrument No. 143130 of Official Records, screening of the existing water well shall be installed prior to issuance of a building permit for Lot 26. Screening materials shall include walls and/or landscaping satisfactory to the Design and Development Director. All rights, easements, and well infrastructure on Lot 26 of the map shall remain. 23. The applicant shall quitclaim on the Final Map or prior to approval of the Final Map the Imperial Irrigation District easement for pipe lines and power lines and incidental purposes recorded February 26, 1975 as Instrument No. 22519 of Official Records 24. 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 25. Prior to the City's approval of a Final Map, the applicant shall furnish accurate mylars of the Final Map. The Final Map shall be 1" = 40' scale. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 26. 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. 27. The following improvement plans shall be prepared and submitted for review and approval by the Design and Development 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. PLANNING COMMISSION RESOLUTION 2016 - 013 CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 36561 (TTM2015-0008) APPLICANT: PRISM REALTY CORPORATION OWNER: PRISM -BIRCH ASSOCIATES, LLC SEPTEMBER 13, 2016 Page 8 of 23 A. On -Site Rough Grading Plan B. PM10 Plan C. SWPPP D. WQMP 1" = 40' Horizontal 1" = 40' Horizontal 1" = 40' Horizontal (Plan submitted in Report Form) NOTE: A through D to be submitted concurrently. E. Off -Site Street Improvements/Storm Drain Plan 1" = 40' Horizontal, 1" = 4' Vertical F. Off -Site Signing & Striping Plan 1" = 40' Horizontal The Off -Site street improvement plans shall have separate plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, mounding, and berming design in the combined parkway and landscape setback area. G. On -Site Street Improvements/Signing & Striping/Storm Drain Plan 1" = 40' Horizontal, 1"= 4' Vertical NOTE: E through G to be submitted concurrently. (Separate Storm Drain Plans if applicable) The following plans shall be submitted to the Building and Safety Division for review and approval. The plans shall utilize the minimum scale specified, unless otherwise authorized by the Building Official 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 improvements plans not listed here pursuant to improvements required by other agencies and utility purveyors. H. On -Site Residential Precise Grading Plan 1" = 30' Horizontal PLANNING COMMISSION RESOLUTION 2016 - 013 CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 36561 (TTM2015-0008) APPLICANT: PRISM REALTY CORPORATION OWNER: PRISM -BIRCH ASSOCIATES, LLC SEPTEMBER 13, 2016 Page 9 of 23 Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formatted approved by the City Engineer prior to commencing plan preparation. All Off -Site Plan & Profile Street Plans and Signing & Striping Plans shall show all existing improvements for a distance of at least 200 -feet beyond the project limits, or a distance sufficient to show any required design transitions. All On -Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrant) and Street name signs per Public Works Standard Plans and/or as approved by the Design and Development Department. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1 -foot of cover, or sufficient cover to clear any adjacent obstructions. 28. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the Public Works "Plans, Notes and Design Guidance" section of the City website (www.l0-q inta.org). Please navigate to the Public Works home page and look for the Standard Drawings hyperlink. 29. The applicant shall furnish a complete set of all approved improvement plans on a storage media acceptable to the City Engineer (currently mylars). 30. 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" 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 "Record Drawing". However, if subsequent approved revisions have been approved by the City Engineer and reflect said "Record Drawing" conditions, the Engineer of Record may submit a letter attesting to said fact to the City Engineer in lieu of PLANNING COMMISSION RESOLUTION 2016 - 013 CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 36561 (TTM2015-0008) APPLICANT: PRISM REALTY CORPORATION OWNER: PRISM -BIRCH ASSOCIATES, LLC SEPTEMBER 13, 2016 Page 10 of 23 mylar submittal. IMPROVEMENT SECURITY AGREEMENTS 31. 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. 32. 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. 33. 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. 34. 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 do the following as a condition of Final Map approval: 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. PLANNING COMMISSION RESOLUTION 2016 - 013 CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 36561 (TTM2015-0008) APPLICANT: PRISM REALTY CORPORATION OWNER: PRISM -BIRCH ASSOCIATES, LLC SEPTEMBER 13, 2016 Page 11 of 23 Off -Site Improvements should be completed on a first priority basis. The applicant shall complete Off -Site Improvements in the first phase of construction or by the issuance of the 20 % Building Permit. 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. 35. 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 as approved by the City Engineer. 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. 36. 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 37. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 38. 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. 39. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: PLANNING COMMISSION RESOLUTION 2016 - 013 CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 36561 (TTM2015-0008) APPLICANT: PRISM REALTY CORPORATION OWNER: PRISM -BIRCH ASSOCIATES, LLC SEPTEMBER 13, 2016 Page 12 of 23 A. A grading plan prepared by a civil engineer registered in the State of California, B. A preliminary geotechnical ("soils") report prepared by an engineer registered in the State of California, 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). E. A WQMP prepared by an engineer registered in the State of California. All grading shall conform with the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by soils engineer, or engineering geologist registered in the State of California. 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. Additionally, the applicant shall replenish said security if expended by the City of La Quinta to comply with the Plan as required by the City Engineer. 40. 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. 41. 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. 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 PLANNING COMMISSION RESOLUTION 2016 - 013 CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 36561 (TTM2015-0008) APPLICANT: PRISM REALTY CORPORATION OWNER: PRISM -BIRCH ASSOCIATES, LLC SEPTEMBER 13, 2016 Page 13 of 23 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. 42. 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. 43. Building pad elevations of perimeter lots shall not differ by more that one foot from the building pads in adjacent developments. 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. 44. Prior to any site grading or re -grading that will raise or lower any portion of the site by more than plus or minus half of a foot (0.5') from the elevations shown on the approved Tentative Tract Map, the applicant shall submit the proposed grading changes to the City Engineer for a substantial conformance review. 45. 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. 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 46. Stormwater handling shall conform with the approved hydrology and drainage report for Tentative Tract Map No. 36561. The applicant shall provide boring logs indicating no silt or clay layers or lenses were found within 15 feet below PLANNING COMMISSION RESOLUTION 2016 - 013 CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 36561 (TTM2015-0008) APPLICANT: PRISM REALTY CORPORATION OWNER: PRISM -BIRCH ASSOCIATES, LLC SEPTEMBER 13, 2016 Page 14 of 23 the basin bottom per Engineering Bulletin 06-16 in order to use a percolation rate higher than zero. If a percolation rate less than two inches per hour is approved by the City Engineer, the retention basin size may need to be increased in order to retain the design storm. 47. The applicant shall comply with the provisions of LQMC Section 13.24.120 (Drainage), Retention Basin Design Criteria, Engineering Bulletin No. 06-16 - Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. 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 design storm shall be either the 1 hour, 3 hour, 6 hour or 24 hour event producing the greatest total run off. 48. Nuisance water shall be retained on site. Nuisance water shall be disposed of per approved methods contained in Engineering Bulletin No. 06-16 - Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. 49. 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 and as approved by the City Engineer. 50. No fence or wall shall be constructed around any retention basin unless approved by the Planning Manager and the City Engineer. 51. For on-site above ground common retention basins, retention depth shall be according to Engineering Bulletin No. 06-16 - Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems. Side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. Additionally, retention basin widths shall be not less than 20 feet at the bottom of the basin. 52. Stormwater may not be retained in landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation which directly falls onto PLANNING COMMISSION RESOLUTION 2016 - 013 CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 36561 (TTM2015-0008) APPLICANT: PRISM REALTY CORPORATION OWNER: PRISM -BIRCH ASSOCIATES, LLC SEPTEMBER 13, 2016 Page 15 of 23 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 9.100.040(B)(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. The applicant shall comply with applicable provisions for post construction runoff per the City's NPDES stormwater discharge permit, LQMC 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. R7-2013-0011 and the State Water Resources Control Board's Order No. 2012-0006-DWQ. 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. R7-2013-0011. B. The applicant shall implement the WQMP Design Standards per (CRWQCB-CRB) Region Board Order No. R7-2013-0011 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. C. The developer shall execute and record a Stormwater Management/BMP PLANNING COMMISSION RESOLUTION 2016 - 013 CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 36561 (TTM2015-0008) APPLICANT: PRISM REALTY CORPORATION OWNER: PRISM -BIRCH ASSOCIATES, LLC SEPTEMBER 13, 2016 Page 16 of 23 Facilities Agreement that provides for the perpetual maintenance and operation of stormwater BMPs. UTILITIES 57. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 58. 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. 59. 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. 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. STREET AND TRAFFIC IMPROVEMENTS 61. The applicant shall comply with the provisions of LQMC Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access for Individual Properties and Development) for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 62. Streets shall have vertical curbs or other approved curb configurations that will PLANNING COMMISSION RESOLUTION 2016 - 013 CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 36561 (TTM2015-0008) APPLICANT: PRISM REALTY CORPORATION OWNER: PRISM -BIRCH ASSOCIATES, LLC SEPTEMBER 13, 2016 Page 17 of 23 convey water without ponding, and provide lateral containment of dust and residue during street sweeping operations. If a wedge or rolled curb design is approved, the lip at the flowline shall be near vertical with a 1/8" batter and a minimum height of 0.1'. Unused curb cuts on any lot shall be restored to standard curb height prior to final inspection of permanent building(s) on the lot. 63. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses) and in conformance with TTM 36561. A. OFF-SITE STREETS 1) Monroe Street (Primary Arterial): Widen the west side of the street along all frontage adjacent to the Tentative Map boundary to its ultimate width on the west side as specified in the General Plan and the requirements of these conditions. Rehabilitate and/or reconstruct existing roadway pavement as necessary to augment and convert it from a rural county -road design standard to La Quinta's urban arterial design standard. The west curb face shall be located thirty nine feet (39') west of the centerline, except at locations where additional street width is needed to accommodate: a) A deceleration/right turn only lane at the Monroe Street entry as approved by the City Engineer. b) An acceleration lane for left turn out movements as approved by the City Engineer. c) Bus turnout (if required by Sunline Transit) Other required improvements in the Monroe Street right or way and/or adjacent landscape setback area include: d) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. PLANNING COMMISSION RESOLUTION 2016 - 013 CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 36561 (TTM2015-0008) APPLICANT: PRISM REALTY CORPORATION OWNER: PRISM -BIRCH ASSOCIATES, LLC SEPTEMBER 13, 2016 Page 18 of 23 e) 8 -foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that touches the back of curb at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet, and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the multi -use trail at intervals not to exceed 250 feet. f) Half width of a 16' - foot wide and/or an acceleration lane for along the entire boundary of the approved by the City Engineer. raised landscaped median left turn out movements Tentative Tract Map or as The applicant shall extend improvements adjacent to 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) Private residential streets measured gutter flow line to gutter flow line shall have a 36 -foot travel width. The travel width may be reduced to 32 feet with parking restricted to one side, and 28 feet if on -street parking is prohibited. The applicant shall establish provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed and approved by the Design and Development Department prior to recordation. 2) The location of driveways of corner lots shall not be located within the curb return and away from the intersection when possible. 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 similar to the layout shown on the rough grading plan. PLANNING COMMISSION RESOLUTION 2016 - 013 CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 36561 (TTM2015-0008) APPLICANT: PRISM REALTY CORPORATION OWNER: PRISM -BIRCH ASSOCIATES, LLC SEPTEMBER 13, 2016 Page 19 of 23 64. All gated entries shall provide for a three -car minimum stacking capacity for inbound traffic to be a minimum length of 62 feet from call box to the street; and shall provide for a full turn -around outlet for non -accepted vehicles. Where a gated entry is proposed, the applicant shall demonstrate that those passenger vehicles that do not gain entry into the development can safely make a full turn -around (minimum radius to be 24 feet) out onto the main street from the gated entry. Pursuant to said condition, there shall be a minimum of twenty five feet width provided at the turn -around opening provided. 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. 65. The applicant shall design street pavement sections using CalTrans' design procedure for 20 -year life pavement, and the site-specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Residential 3.0" a.c./4.5" c.a.b. Primary Arterial 4.5" a.c./6.0" c.a.b. or the approved equivalents of alternate materials. 66. 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. 67. General access points and turning movements of traffic are limited to the following: PLANNING COMMISSION RESOLUTION 2016 - 013 CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 36561 (TTM2015-0008) APPLICANT: PRISM REALTY CORPORATION OWNER: PRISM -BIRCH ASSOCIATES, LLC SEPTEMBER 13, 2016 Page 20 of 23 Primary Entry (Monroe Street): Right turn in, and left and right turn out. Left turn in movements are restricted. 68. 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. 69. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer and as shown on TTM 36561. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. CONSTRUCTION 70. 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 AND IRRIGATION 71. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 72. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 73. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a landscape architect licensed in California. 74. The applicant shall submit all landscape plans for approval by the Planning Division with green sheet sign off by the Public Works Development Division. PLANNING COMMISSION RESOLUTION 2016 - 013 CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 36561 (TTM2015-0008) APPLICANT: PRISM REALTY CORPORATION OWNER: PRISM -BIRCH ASSOCIATES, LLC SEPTEMBER 13, 2016 Page 21 of 23 When plan checking has been completed by the Planning Division, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the Planning Manager. Landscape plans for landscaped medians on public streets shall be approved by the both the Planning Manager and the City Engineer. Where City Engineer approval is not required, the applicant shall submit for green sheet approval by the Development Services Division. Final landscape plans for on-site planting shall be reviewed by the Architecture and Landscape Review Committee and approved by the Planning Manager 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 the Planning Manager. 75. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Manager. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 24 inches of curbs along public streets. 76. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the American Association of State Highway and Transportation Officials (AASHTO) "A Policy on Geometric Design of Highways and Streets" latest edition, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right-of- way. PUBLIC SERVICES 77. If necessary, the applicant shall provide public transit improvements as required by SunLine Transit Agency and as approved by the City Engineer. MAINTENANCE 78. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. PLANNING COMMISSION RESOLUTION 2016 - 013 CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 36561 (TTM2015-0008) APPLICANT: PRISM REALTY CORPORATION OWNER: PRISM -BIRCH ASSOCIATES, LLC SEPTEMBER 13, 2016 Page 22 of 23 79. The applicant shall make provisions for the continuous and perpetual maintenance of perimeter landscaping up to the curb, access drives, sidewalks, stormwater BMPs, and common areas. FEES AND DEPOSITS 80. 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. 81. Permits issued under this approval shall be subject to the provisions of the Development Impact Fee and Transportation Uniform Mitigation Fee programs in effect at the time of issuance of building permit(s). 82. Tentative Tract Map 36561 shall provide for parks through payment of an in -lieu fee, as specified in LQMC Chapter 13.48. The in -lieu fee (sometimes referred to as the "Quimby Fee") shall be based on the fair market value of the land within the subdivision. Land value information shall be provided to the Design and Director, via land sale information, a current fair market value of land appraisal, or other information on land value within the subdivision. The Director may consider any subdivider -provided or other land value information source for use in calculation of the parkland fee. PLANNING DIVISION 83. Should human remains be discovered during construction of the proposed project, the project contractor would be subject to either State law regarding the discovery and disturbance of human remains or the Tribal burial protocol. In either circumstance all destructive activity in the immediate vicinity shall halt and the County Coroner shall be contacted pursuant to State Health and Safety Code 7050.5. If the remains are determined to be of Native American origin, the Native American Heritage Commission (NAHC) shall be contacted. The NAHC will make a determination of the Most Likely Descendent (MLD). The PLANNING COMMISSION RESOLUTION 2016 - 013 CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 36561 (TTM2015-0008) APPLICANT: PRISM REALTY CORPORATION OWNER: PRISM -BIRCH ASSOCIATES, LLC SEPTEMBER 13, 2016 Page 23 of 23 City and Developer will work with the designated MLD to determine the final disposition of the remains. 84. As Monroe Street is a General Plan -designated Image Corridor, buildings within one hundred fifty feet of the edge of right-of-way shall be limited to single - story, with a maximum building height of 22 feet. 85. The CC&R's shall contain a disclosure that notifies potential owners that the property is within and adjacent to the City's Equestrian Overlay District zoning overlay. 86. Street name(s) shall be reviewed by the Design and Development Department and Fire Department at or prior to final map plan checking. 87. Conditions of approval agreed to in order to obtain support from the Estates at La Quinta: • The entrance/exit gate shall be located towards the mid -point of Lot 37. Lots 1, 9, 10, 23, 24, 29, 30, 35, and 36 shall be limited to single -story with a 22 -foot maximum building height. Pad elevations for TTM 36561 shall be equal or lower than the pad elevations of the Estates at La Quinta. A landscaping buffer with a minimum depth of ten feet (except in the area adjacent to the emergency access area) shall be incorporated into Lot E.