CC Resolution 2012-062RESOLUTION NO. 2012 - 062
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, APPROVING TENTATIVE
PARCEL MAP 36405, SUBDIVIDING APPROXIMATELY
9.5 ACRES INTO TWO PARCELS FOR THE LA QUINTA
RETIREMENT COMMUNITY
CASE: TENTATIVE PARCEL MAP 36405
APPLICANT: LENITY GROUP, LLC
WHEREAS, the City Council of the City of La Quinta, California did, on the
161h day of October, 2012, hold a duly noticed public hearing to consider a request
by Lenity Group, LLC to subdivide approximately 9.5 acres into two parcels,
generally located on Seeley Drive, East of Washington Street, South of Miles
Avenue, more particularly described as:
APN: 604-630-027
WHEREAS, the Planning Commission of the City of La Quinta, California did,
on the 251" day of September, 2012, hold a duly noticed Public Hearing to consider
a recommendation on said Tentative Parcel Map, and after hearing and considering
all testimony and arguments, did adopt Planning Commission Resolution 2012-024,
recommending to the City Council approval of Tentative Parcel Map 36405; and,
WHEREAS, the La Quinta Planning Department has prepared Environmental
Assessment 2011-617 for this project, in compliance with the requirements of the
California Environmental Quality Act (CEQA). The Planning Director has determined
that although the proposed project could have a significant effect on the
environment, there will not be a significant effect in this case because revisions in
the project have been made by or agreed to by the project proponent and
mitigation measures have been incorporated. Therefore, the Planning Director
recommended that a Mitigated Negative Declaration of environmental impact and
associated Mitigation Monitoring Program be adopted and the City Council did
adopt said Mitigated Negative Declaration and Mitigation Monitoring Program prior
to this action; and,
WHEREAS, the Planning Department published a public hearing notice in The
Desert Sun newspaper on October 5, 2012 as prescribed by the Municipal Code.
Public hearing notices were also mailed to all property owners within 500 feet of
the site; and,
WHEREAS, upon hearing and considering all testimony and arguments, if
City Council Resolution 2012-062
Tentative Parcel Map 36405
Lenity Group, LLC / La Quinta Retirement Community
Adopted: October 16, 2012
Page 2
any, of all interested persons desiring to be heard, the City Council did find the
following facts, findings, and reasons to justify approval of said Tentative Parcel
Map 36405:
A. The proposed Tentative Parcel Map 36405 is consistent with the City's
General Plan, with the implementation of Conditions of Approval. The
project density of approximately 10 units per acre is consistent with the
Medium High Density Residential land use designation of up to 12
dwelling units per acre, as set forth in the General Plan.
B. The design and improvements of the proposed Tentative Parcel Map
36405 are consistent with the City's General Plan, to provide for
adequate storm water drainage, and other infrastructure improvements
with the implementation of recommended conditions of approval to
ensure proper street widths, storm drainage facilities, and timing of their
construction.
C. The La Quinta Planning Department has prepared Environmental
Assessment 201 1-617 for this project, in compliance with the
requirements of the California Environmental Quality Act (CEQA). The
Planning Director has determined that although the proposed project
could have a significant effect on the environment, there will not be a
significant effect in this case because revisions in the project have been
made by or agreed to by the project proponent and mitigation measures
have been incorporated. Therefore, the Planning Director recommended
that a Mitigated Negative Declaration of environmental impact and
associated Mitigation Monitoring Program be adopted and the City
Council did adopt said Mitigated Negative Declaration and Mitigation
Monitoring Program.
D. The design of Tentative Parcel Map 36405 and type of improvements are
not likely to cause serious public health problems, in that this issue was
considered in Environmental Assessment 201 1-617, in which no
significant health or safety impacts were identified for the proposed
project.
E. The site of the proposed Tentative Parcel Map 36405 is physically
suitable for the type of development and density of the development.
The proposed development plans for the site are congregate care and
assisted living/memory care facilities; the land is level and is therefore
City Council Resolution 2012-062
Tentative Parcel Map 36405
Lenity Group, LLC / La Quinta Retirement Community
Adopted: October 16, 2012
Page 3
able to accommodate such uses.
F. As conditioned, the proposed Tentative Parcel Map 36405 is consistent
with all applicable provisions of the La Quinta Zoning Ordinance and
Subdivision Regulations, including, but not limited to, minimum lot area
requirements, any other applicable provisions of the La Quinta Municipal
Code, and the Subdivision Map Act.
G. As conditioned, the design of Tentative Parcel Map 36421 will not
conflict with easements, acquired by the public -at -large, for access
through, or use of property within the proposed subdivision.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La
Quinta, California, as follows:
1. That the above recitations are true and correct and constitute the findings
of the City Council in this case; and
2. That it does hereby approve Tentative Parcel Map 36405 for the reasons
set forth in this Resolution.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta
City Council held on this 16" day of October, 2012, by the following vote to wit:
AYES: Councilmembers Evans, Franklin, Henderson, Osborne, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
nou,
DON ADO PH, Ma r
City of La Quinta, California
City Council Resolution 2012-062
Tentative Parcel Map 36405
Lenity Group, LLC / La Quinta Retirement Community
Adopted: October 16, 2012
Page 4
ATTEST:
Susan-lVlaysels,. City erk
City of La Quinta,-California
(City Seal)
..
APPROVED AS TO FORM:
Katherine Jens City Attorney
City of La Quinta, California
CITY COUNCIL RESOLUTION 2012-062
CONDITIONS OF APPROVAL
TENTATIVE PARCEL MAP 36405
LENITY GROUP, LLC / LA QUINTA RETIREMENT COMMUNITY
ADOPTED: OCTOBER 16, 2012
GENERAL
1. The applicant agrees to defend, indemnify and hold harmless the City of La
Quinta ("City"), its agents, officers and employees from any claim, action or
proceeding to attack, set aside, void, or annul the approval of this Tentative
Parcel 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 Parcel 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-guinta.org.
3. This Tentative Parcel Map shall expire 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 9.200.080 (Permit expiration
and time extensions).
4. Tentative Parcel Map 36405 shall comply with all applicable conditions
and/or mitigation measures for the following related approvals:
Environmental Assessment 201 1-617
Specific Plan 2001-055 Amendment 3
Site Development Permit 201 1-921
In the event of any conflict(s) between approval conditions and/or provisions
of these approvals, the Planning Director shall adjudicate the conflict by
determining the precedence.
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
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CITY COUNCIL RESOLUTION 2012-062
CONDITIONS OF APPROVAL
TENTATIVE PARCEL MAP 36405
LENITY GROUP, LLC / LA QUINTA RETIREMENT COMMUNITY
ADOPTED: OCTOBER 16, 2012
• La Quinta Public Works Department (Grading Permit, Green Sheet
(Public Works Clearance) for Building Permits, Improvement Permit)
• La Quinta Planning Department
• Riverside Co. Environmental Health Department
• Desert Sands Unified School District (DSUSD)
• Coachella Valley Water District (CVWD)
• Imperial Irrigation District (IID)
• California Regional Water Quality Control Board (CRWQCB)
• State Water Resources Control Board
• Sunline Transit Agency (SunLine)
• 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 these requirements include
approval of improvement plans, the applicant shall furnish proof of such
approvals when submitting those improvements plans for City approval.
6. FOR ALL CONSTRUCTION SITES ONE (1) ACRE OR MORE: 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, building permit, or encroachment
permit.
7. The applicant shall comply with applicable provisions of the City's NPDES
stormwater discharge permit, LQMC Sections 8.70.010 at 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. 137-
2008-0001 and the State Water Resources Control Board's Order No. 2009-
0009-DWQ and Order No. 2010-0014-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.
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CITY COUNCIL RESOLUTION 2012-062
CONDITIONS OF APPROVAL
TENTATIVE PARCEL MAP 36405
LENITY GROUP, LLC / LA QUINTA RETIREMENT COMMUNITY
ADOPTED: OCTOBER 16, 2012
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.
C. The applicant's SWPPP shall include provisions for all of the following
Best Management Practices ("BMPs") (LQMC Section 8.70.020
(Definitions)):
11 Temporary Soil Stabilization (erosion control).
2) Temporary Sediment Control.
3) Wind Erosion Control.
4) Tracking Control.
5) Non -Storm Water Management.
6) Waste Management and Materials Pollution Control.
E. All erosion and sediment control BMPs proposed by the applicant shall
be approved by the City Engineer prior to any onsite or offsite grading,
pursuant to this project.
F. The 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.
G. The provision for the funding and perpetual maintenance and operation
of all post -construction BMPs is required.
8. Permits issued under this approval shall be subject to the provisions of the
Development Impact Fee program in effect at the time of issuance of building
permit(s).
9. Approval of this Tentative Parcel Map shall not be construed as approval for
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CITY COUNCIL RESOLUTION 2012-062
CONDITIONS OF APPROVAL
TENTATIVE PARCEL MAP 36405
LENITY GROUP, LLC / LA QUINTA RETIREMENT COMMUNITY
ADOPTED: OCTOBER 16, 2012
any horizontal dimensions implied by any site plans or exhibits unless
specifically identified in the following conditions of approval.
10. 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.
11. 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
12. Prior to acceptance of the final parcel map, the applicant shall acquire or
confer easements and other property rights necessary for 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.
13. Pursuant to the aforementioned condition, conferred rights shall include
approvals from the master developer over easements and other property
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CITY COUNCIL RESOLUTION 2012-062
CONDITIONS OF APPROVAL
TENTATIVE PARCEL MAP 36405
LENITY GROUP, LLC / LA QUINTA RETIREMENT COMMUNITY
ADOPTED: OCTOBER 16, 2012
rights necessary for construction and proper functioning of the proposed
development not limited to access rights over proposed and/or existing
private drive aisles that access public streets and open space/drainage
facilities of the master development.
14. 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.
15. The public street right-of-way offers for dedication required for this
development include:
A. PUBLIC STREETS
1) Entry at the Roundabout on Seeley Drive — An additional right
of way dedication at the project's entry on Seeley Drive shown
as Lot A on the Tentative Parcel Map No. 36405 or as approved
by the City Engineer.
16. Right-of-way geometry for standard knuckles and property line corner
cut -backs at curb returns shall conform to Riverside County Standard
Drawings #801, and #805, respectively, unless otherwise approved by the
City Engineer.
17. 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.
18. When the City Engineer determines that access rights to the proposed street
rights -of -way shown on the approved Tentative Parcel Map are necessary
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CITY COUNCIL RESOLUTION 2012-062
CONDITIONS OF APPROVAL
TENTATIVE PARCEL MAP 36405
LENITY GROUP, LLC / LA QUINTA RETIREMENT COMMUNITY
ADOPTED: OCTOBER 16, 2012
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.
19. The applicant shall show the following perimeter landscaping setbacks along
all public rights -of -way as on Parcel Map 31 1 16:
A. Seeley Drive (Non -Conforming Collector) - 20-foot from the Public
Right -of -Way
20. 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.
21. 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.
22. Direct vehicular access to Seeley Drive is restricted, except for those access
points identified on the tentative parcel map, or as otherwise conditioned in
these conditions of approval. The vehicular access restriction shall be shown
on the recorded final parcel map.
23. 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.
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
Parcel Map and the date of recording, of any Final Map, unless such
easement is approved by the City Engineer.
STREET AND TRAFFIC IMPROVEMENTS
25. 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.
26. Streets shall have vertical curbs or other approved curb configurations that
10
CITY COUNCIL RESOLUTION 2012-062
CONDITIONS OF APPROVAL
TENTATIVE PARCEL MAP 36405
LENITY GROUP, LLC / LA QUINTA RETIREMENT COMMUNITY
ADOPTED: OCTOBER 16, 2012
will 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.
27. The applicant shall construct the following street improvements to conform
with the General Plan (street type noted in parentheses.)
1) Seeley Drive (Non -conforming Collector, 80' ROW):
No street widening of Seeley Drive is required along the frontages
adjacent to the tentative parcel map boundaries.
2) Other required improvements in the Seeley Drive right-of-way
and/or adjacent landscape setback area include:
a) All appurtenant components such as, but not limited to:
curb, gutter, traffic control striping, legends, and signs.
The applicant shall extend improvements beyond the project boundaries to
ensure they safely integrate with existing improvements (e.g., grading; traffic
control devices and transitions in alignment, elevation or dimensions of
streets and sidewalks).
The applicant is responsible for construction of all improvements mentioned
above.
28. 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.
PARKING LOTS and ACCESS POINTS
29. The design of parking facilities shall conform to LQMC Chapter 9.150 and in
particular the following:
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CITY COUNCIL RESOLUTION 2012-062
CONDITIONS OF APPROVAL
TENTATIVE PARCEL MAP 36405
LENITY GROUP, LLC / LA QUINTA RETIREMENT COMMUNITY
ADOPTED: OCTOBER 16, 2012
A. The parking stall and aisle widths and the double hairpin stripe parking
stall design shall conform to LQMC Chapter 9.150.
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
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 28 feet as shown
on the Preliminary Precise Grading 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 construction plans may require additional street widths
and other improvements as may be determined by the City Engineer.
30. 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:
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 including the specifications
as identified in the Geotech report prepared for this project dated September
93
CITY COUNCIL RESOLUTION 2012-062
CONDITIONS OF APPROVAL
TENTATIVE PARCEL MAP 36405
LENITY GROUP, LLC / LA QUINTA RETIREMENT COMMUNITY
ADOPTED: OCTOBER 16, 2012
12, 2011 identifying 3.5"a.c./ 4" c.a.b. for low traffic and 5"a.c./ 4" c.a.b
for high traffic.
31. 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.
32. 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 engineers registered in
California.
FINAL MAPS
33. 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.
34. 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 LQMC Section 13.24.040 (Improvement Plans).
35. 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.
7
CITY COUNCIL RESOLUTION 2012.062
CONDITIONS OF APPROVAL "
TENTATIVE PARCEL MAP 36405
LENITY GROUP, LLC / LA GUINTA RETIREMENT COMMUNITY "
ADOPTED: OCTOBER 16, 2012
A. On -Site Commercial Precise Grading Plan 1 " = 20'
Horizontal
B. PM 10 Plan 1 " = 40'
Horizontal
C. WOMP (Plan submitted in Report Form)
NOTE: A through C to be submitted concurrently.
D. Off -Site Street Improvement/Storm Drain Plan
1 " = 40' Horizontal, 1 " = 4' Vertical
E. Off -Site Signing and 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.
NOTE: D through E to be submitted concurrently
(Separate Storm Drain Plans if applicable)
Other engineered improvement plans prepared for City approval that are not
listed above shall be prepared in formats approved by the City Engineer prior
to commencing plan preparation.
All Off -Site Plan & Profile Street Plans and Signing & Striping Plans shall
show all existing improvements for a distance of at least 200-feet beyond
the project limits, or a distance sufficient to show any required design
transitions.
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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CITY COUNCIL RESOLUTION 2012-062
CONDITIONS OF APPROVAL
TENTATIVE PARCEL MAP 36405
LENITY GROUP, LLC / LA QUINTA RETIREMENT COMMUNITY
ADOPTED: OCTOBER 16, 2012
Precise Grading plans shall normally include all on -site surface improvements
including but not limited to finish grades for curbs & gutters, building floor
elevations, wall elevations, parking lot improvements and ADA requirements.
36. 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.org). Please navigate to the Public Works
Department home page and look for the Standard Drawings hyperlink.
37. The applicant shall furnish a complete set of all approved improvement plans
on a storage media acceptable to the City Engineer (currently mylars).
38. 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 FOR 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 mylar submittal.
IMPROVEMENT SECURITY AGREEMENTS
39. 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.
40. 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
Parcel Map, shall comply with the provisions of LQMC Chapter 13.28
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CITY COUNCIL RESOLUTION 2012-062
CONDITIONS OF APPROVAL
TENTATIVE PARCEL MAP 36405
LENITY GROUP, LLC / LA QUINTA RETIREMENT COMMUNITY
ADOPTED: OCTOBER 16, 2012
(Improvement Security).
41. 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.
42. 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.
43. 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, 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.
44. Prior to constructing any off -site improvements, the applicant shall deposit
securities equivalent to both a Performance and Labor & Material Bonds each
valued at 100% of the cost of the off -site improvements, or as approved by
the City Engineer.
45. Depending on the timing of the development of this tentative parcel map,
and the status of the off -site improvements at the time, the applicant may be
required to comply with one or more of the following as a condition to
finalizing the parcel map:
A. Construct certain off -site improvements required by one of the
conditions of approval herein.
B. Construct additional off -site improvements not identified in these
conditions of approval, subject to the reimbursement of its costs by
iFA
CITY COUNCIL RESOLUTION 2012-062
CONDITIONS OF APPROVAL
TENTATIVE PARCEL MAP 36405
LENITY GROUP, LLC / LA QUINTA RETIREMENT COMMUNITY
ADOPTED: OCTOBER 16, 2012
others.
C. Reimburse others for those improvements required by these conditions
of approval previously constructed by others.
D. Secure the costs for future improvements required by these conditions
of approval that are to be made by others.
E. To agree to any combination of these actions, as the City may require.
Once development starts, Off -Site Improvements should be completed on a
first priority basis. The applicant shall complete Off -Site Improvements in the
first phase of construction.
In the event that any of the improvements required for this development are
constructed by the City, the applicant shall, as a condition of obtaining
approval of the Final Map, or of obtaining the issuance of any permit related
thereto, reimburse the City for the costs of such improvements.
46. 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.
At the time the applicant submits its detailed construction cost estimates for
conditional approval of the Final Map by the City Council, the applicant shall
also submit one copy each of an 8-1 /2" x 11 " reduction of each page of the
Final Map, along with a copy of an 8-1 /2" x 11 " Vicinity Map.
Estimates for improvements under the jurisdiction of other agencies shall be
approved by those agencies and submitted to the City along with the
applicant's detailed cost estimates.
Security will not be required for telephone, natural gas, or Cable T.V.
improvements.
PRECISE GRADING
47. The applicant shall comply with the provisions of LQMC Section 13.24.050
(Grading Improvements).
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CITY COUNCIL RESOLUTION 2012-062
CONDITIONS OF APPROVAL
TENTATIVE PARCEL MAP 38405
LENITY GROUP, LLC / LA QUINTA RETIREMENT COMMUNITY
ADOPTED: OCTOBER 16, 2012
48. 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.
49. 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 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 authorized professional 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.
50. 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
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CITY COUNCIL RESOLUTION 2012-062
CONDITIONS OF APPROVAL
TENTATIVE PARCEL MAP 36405
LENITY GROUP, LLC ! LA QUINTA RETIREMENT COMMUNITY
ADOPTED: OCTOBER 16, 2012
Fugitive Dust Control Plan.
51. 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 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.
52. Building pad elevations on the precise 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, or as approved by the City
Engineer.
53. Building pad elevations of perimeter lots shall not differ by more that one
foot higher from the building pads in adjacent developments.
54. The applicant shall minimize the differences in elevation between the
adjoining properties and the lots within this development.
55. Prior to any site grading or regrading that will raise or lower any portion of
the pad elevation by more than plus or minus half of a foot (0.5') from the
pad elevations shown on the approved Tentative Parcel Map, the applicant
shall submit the proposed grading changes to the City Engineer for a
substantial conformance review.
56. 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
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CITY COUNCIL RESOLUTION 2012-062
CONDITIONS OF APPROVAL
TENTATIVE PARCEL MAP 36405
LENITY GROUP, LLC / LA QUINTA RETIREMENT COMMUNITY
ADOPTED: OCTOBER 16, 2012
soil. The data shall be organized by lot number, and listed cumulatively if
submitted at different times.
DRAINAGE
57. Stormwater handling shall conform with the approved hydrology and
drainage report for the Centre Pointe Development and Parcel Map 31116
and as modified for this Parcel Map 36405, or as approved by the City
Engineer. Nuisance water shall be disposed of in an approved manner.
Nuisance water shall be retained onsite and disposed of via an underground
perco►ation improvement approved by the City Engineer.
58. 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.
59. 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.
60. 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.
61. The project shall be 'designed to accommodate purging and blowoff water
(through underground piping and/or retention facilities) from any on -site or
adjacent well sites granted or dedicated to the local water utility authority as
a requirement for development of this property.
62. No fence or wall shall be constructed around any retention basin unless
approved by the Planning Director and the City Engineer.
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CITY COUNCIL RESOLUTION 2012-062
CONDITIONS OF APPROVAL
TENTATIVE PARCEL MAP 36405
LENITY GROUP, LLC / LA QUINTA RETIREMENT COMMUNITY
ADOPTED: OCTOBER 16, 2012
63. 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.
64. 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
9.100.040(B)(7).
65. The design of the development shall not cause any increase in flood
boundaries and levels in any area outside the development.
66. 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.
67. Storm drainage historically received from adjoining property shall be received
and retained or passed through into the historic downstream drainage relief
route.
68. If permitted by the Coachella Valley Water District (CVWD) and the City
Engineer, when an applicant proposes discharge of storm water directly, or
indirectly, into the Coachella Valley Stormwater Channel, the applicant shall
obtain the appropriate permit from CVWD and shall execute an
indemnification instrument as approved by the City Engineer and City
Attorney. Additionally, the applicant shall pay for all costs of sampling and
testing associated with 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 applicant is required to construct and
provide for the maintenance in perpetuity of the required discharge treatment
Best Management Practice facilities per the NPDES Permit Supplement A or
as approved by the City Engineer. The indemnification shall be executed and
furnished to the City prior to the issuance of any grading, construction or
building permit, and shall be binding on all heirs, executors, administrators,
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CITY COUNCIL RESOLUTION 2012-062
CONDITIONS OF APPROVAL
TENTATIVE PARCEL MAP 36405
LENITY GROUP, LLC / LA GUINTA RETIREMENT COMMUNITY
ADOPTED: OCTOBER 16, 2012
assigns, and successors in interest in the land within this tentative parcel
map excepting therefrom those portions required to be dedicated or deeded
for public use. If such discharge is approved for this development, the
applicant shall make provisions in the final development CC&Rs or other
appropriate instrument for meeting these obligations. The 100-year storm
water hydraulic grade line shall be 3 feet below the channel lining and 2 feet
below the Project Storm HGL or as determined by CVWD and the City
Engineer.
Additionally, the applicant shall submit verification to the City of CVWD
acceptance of the proposed discharge of storm water directly, or indirectly,
into the Coachella Valley Stormwater Channel with the initial submittal of
storm drain improvement plans.
69. The applicant shall comply with applicable provisions for post construction
runoff per the City's NPDES stormwater discharge permit, LQMC Sections
8.70.010 at 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.
C. The developer shall execute and record a Stormwater
Management/BMP Facilities Agreement that provides for the perpetual
maintenance and operation of stormwater BMPs.
W-J
CITY COUNCIL RESOLUTION 2012-062
CONDITIONS OF APPROVAL
TENTATIVE PARCEL MAP 36405
LENITY GROUP, LLC / LA QUINTA RETIREMENT COMMUNITY
ADOPTED: OCTOBER 16, 2012
UTII ITIFS
70. The applicant shall comply with the provisions of LQMC Section 13.24.110
(Utilities).
71. 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.
72. 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
73. 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.
LANDSCAPE AND IRRIGATION
74. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping
Setbacks) & 13.24.140 (Landscaping Plans).
75. The applicant shall provide landscaping in the required setbacks, retention
basins, common lots and park areas.
76. Landscape and irrigation plans for landscaped lots and setbacks, medians,
retention basins, and parks shall be signed and stamped by a licensed
landscape architect in California.
77. All new and modified landscape areas shall have landscaping and permanent
19
CITY COUNCIL RESOLUTION 2012-062
CONDITIONS OF APPROVAL
TENTATIVE PARCEL MAP 36405
LENITY GROUP, LLC / LA QUINTA RETIREMENT COMMUNITY
ADOPTED: OCTOBER 16, 2012
irrigation improvements in compliance with the City's Water Efficient
Landscape regulations contained in LQMC Section 8.13 (Water Efficient
Landscape).
78. Lighting plans shall be submitted with the final landscaping plans to the
Planning Director for his approval. Exterior lighting shall be consistent with
LQMC Section 9.100.150 (Outdoor Lighting). All freestanding lighting shall
not exceed 21 feet in height, and shall be fitted with a visor if deemed
necessary by staff to minimize trespass of light off the property. The
illuminated carports shall be included in the photometric study as part of the
final lighting plan submittal.
79. All water features shall be designed to minimize "splash", and use high
efficiency pumps and lighting to the satisfaction of the Planning Director.
They shall be included in the landscape plan water efficiency calculations per
Municipal Code Chapter 8.13.
80. All rooftop mechanical equipment shall be completely screened from view.
Utility transformers or other ground mounted mechanical equipment shall be
fully screened with a screening wall or landscaping and painted to match the
adjacent buildings.
81. The applicant shall submit the final landscape plans for review, processing
and approval to the Planning Department, in accordance with the Final
Landscape Plan application process. Planning Director approval of the final
landscape plans is required prior to issuance of the first building permit
unless the Planning Director determines extenuating circumstances exist
which justifies an alternative processing schedule.
NOTE: Plans are not approved for construction until signed by the
appropriate City official, including the Planning Director and/or City Engineer.
82. 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.
83. 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
20
CITY COUNCIL RESOLUTION 2012-062
CONDITIONS OF APPROVAL
TENTATIVE PARCEL MAP 36405
LENITY GROUP, LLC / LA QUINTA RETIREMENT COMMUNITY
ADOPTED: OCTOBER 16, 2012
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
84. The applicant shall provide public transit improvements as required by
SunLine Transit Agency and as approved by the City Engineer.
MAINTENANCE
85. The applicant shall comply with the provisions of LQMC Section 13.24.160
(Maintenance).
86. The applicant shall make provisions for the continuous and perpetual
maintenance of perimeter landscaping up to the curb, access drives,
sidewalks, and stormwater BMPs.
FEES AND DEPOSITS
87. 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.
21