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PCRES 2014-015PLANNING COMMISSION RESOLUTION 2014 - 015 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AMENDED FINAL MAP 32742 CASE NO.: AMENDED FINAL MAP 32742 APPLICANT: MONTERRA PROPERTIES, LLC WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 241h day of June, 2014, hold a duly noticed Public Hearing, as continued from the regularly -scheduled Public Hearing on June 10, 2014, to consider a request by Monterra Properties, LLC to reconfigure a recorded map located along Monroe Street, between Avenue 54 and Airport Boulevard, more particularly described as: APN: 767-860-001 to 767-860-042 WHEREAS, the Community Development Department published a public hearing notice in The Desert Sun newspaper on May 30, 2014, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did make the following mandatory findings pursuant to Section 13.12.115 of the Municipal Code to justify recommendation of said Amended Final Map: A. The proposed amended final 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 residential development standards including setbacks, pad elevations, and other design and performance standards that assure a high quality of development. The project density will not change from the original map and 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. B. The design or improvement of the proposed amended final map is consistent with the city General Plan in that its street and parcel design are in conformance with applicable goals, policies, and development standards, and Planning Commission Resolution 2014 - 015 Amended Final Map 32742 Monterra (Monterra Properties, LLC) Adopted: June 24, 2014 Page 2 will provide adequate infrastructure and public utilities. C. The design of the amended final map and the proposed improvements are not likely to cause substantial environmental damage nor substantially injure fish or wildlife or their habitat. The Community Development Department has prepared an Addendum pursuant to CEQA Guideline 15164. This is an Addendum to Environmental Assessment 2004-515 that the City Council certified on October 5, 2004 for Tentative Tract Map 32742. D. The design of the amended final map and the proposed improvements are not likely to cause serious public health problems. As conditioned, the proposed 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. E. The site of the proposed amended final 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. F. As conditioned, the proposed amended final map is consistent with all applicable provisions of this title and the La Quinta Zoning Ordinance, including, but not limited to, minimum lot area requirements, any other applicable provisions of this code, and the Subdivision Map Act. G. As conditioned, the design of the amended final 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 none presently exist and access is provided within the project and to adjacent public streets. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: SECTION 1 . That the above recitations are true and constitute the Findings of the Planning Commission in this case; SECTION 2. That it does hereby approve Amended Final Map 32742, for the Planning Commission Resolution 2014 - 015 Amended Final Map 32742 Monterra (Monterra Properties, LLC) Adopted: June 24, 2014 Page 3 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 24th day of June, 2014, by the following vote: AYES: Commissioners Blum, Weber, Wilkinson, Wright, and Chairperson Barrows NOES: None ABSENT: None ABSTAIN: None A �S NSON, Community Development Director ity of La Quinta, California KATIE BARB(JVgS, Chairperson City of La Quinta, California PLANNING COMMISSION RESOLUTION 2014 - 015 CONDITIONS OF APPROVAL - ADOPTED AMENDED FINAL MAP 32742 MONTERRA (MONTERRA PROPERTIES, LLC) JUNE 24, 2014 PAGE 1 OF 25 C;FNFRAI 1 . The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Tract Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Tentative Tract Map, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-guinta.org. 3. Prior to issuance of any residential building permits, all conditions of approval shall be satisfied. 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: • Riverside County Fire Marshal • La Quinta Public Works Department (Grading Permit, Green Works Clearance) for Building Permits, Water Quality Plan(WQMP) Exemption Form - Whitewater River Region, Permit) • La Quinta Community Development Department • Riverside Co. Environmental Health Department • Coachella Valley Unified School District (CVUSD) • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Regional Water Quality Control Board (CRWQCB) Sheet (Public Management Improvement PLANNING COMMISSION RESOLUTION 2014 - 015 CONDITIONS OF APPROVAL - ADOPTED AMENDED FINAL MAP 32742 MONTERRA (MONTERRA PROPERTIES, LLC) JUNE 24, 2014 PAGE 2 OF 25 • 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 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 Discharge 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, 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; the California Regional Water Quality Control Board - Colorado River Basin Region Board Order No. R7-201 3-0011 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. 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 PLANNING COMMISSION RESOLUTION 2014 - 015 CONDITIONS OF APPROVAL - ADOPTED AMENDED FINAL MAP 32742 MONTERRA (MONTERRA PROPERTIES, LLC) JUNE 24, 2014 PAGE 3 OF 25 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. E. 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. F. 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. 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). 8. Approval of this Tentative Tract Map shall not be construed as approval for any horizontal dimensions implied by any site plans or exhibits unless specifically identified in the following conditions of approval. 9. 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 PLANNING COMMISSION RESOLUTION 2014 - 015 CONDITIONS OF APPROVAL - ADOPTED AMENDED FINAL MAP 32742 MONTERRA (MONTERRA PROPERTIES, LLC) JUNE 24, 2014 PAGE 4 OF 25 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. 10. 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 1 1 . 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. 12. Pursuant to the aforementioned condition, conferred rights shall include approvals from the master developer or the HOA over easements and other property rights necessary for construction and proper functioning of the proposed development not limited to access rights over open space/drainage facilities of the master development. 13. 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. 14. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Monroe Street (Primary Arterial) - The standard 55 feet from the centerline of Monroe Street for a total 110-foot ultimate developed PLANNING COMMISSION RESOLUTION 2014 - 015 CONDITIONS OF APPROVAL - ADOPTED AMENDED FINAL MAP 32742 MONTERRA (MONTERRA PROPERTIES, LLC) JUNE 24, 2014 PAGE 5 OF 25 right of way. 15. 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. 16. 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. 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. 17. Right-of-way geometry for standard dul-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. 18. 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 19. When the City Engineer determines that access rights to the proposed street right- PLANNING COMMISSION RESOLUTION 2014 - 015 CONDITIONS OF APPROVAL - ADOPTED AMENDED FINAL MAP 32742 MONTERRA (MONTERRA PROPERTIES, LLC) JUNE 24, 2014 PAGE 6 OF 25 of -ways shown on the approved Amended 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. 20. 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. 21. The applicant shall abandon or relocate all existing easements over buildable lots particularly the easements traversing Lots 11 through 15 along the westerly property line and Lots 4, 27 through 29. The applicant shall also notify the owner of Lot 15 of the existing easement for ingress and egress along the northerly 40 feet of Lot 15. 22. 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 Amended Final Map. 23. 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 Amended Final Map. 24. 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. PLANNING COMMISSION RESOLUTION 2014 - 015 CONDITIONS OF APPROVAL - ADOPTED AMENDED FINAL MAP 32742 MONTERRA (MONTERRA PROPERTIES, LLC) JUNE 24, 2014 PAGE 7 OF 25 25. The secondary access on Monroe Street shall be for right turn out only. No right turn in movement is allowed. 26. 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. 27. 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 28. 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. 29. 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. 30. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Rough Grading Plan 1 " = 40' Horizontal B. PM 10 Plan 1 " = 40' Horizontal PLANNING COMMISSION RESOLUTION 2014 - 015 CONDITIONS OF APPROVAL - ADOPTED AMENDED FINAL MAP 32742 MONTERRA (MONTERRA PROPERTIES, LLC) JUNE 24, 2014 PAGE 8 OF 25 C. SWPPP 1 " = 40' Horizontal D. WQMP (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 Department for review and approval. The plans shall utilize the minimum scale specified, unless otherwise athorized by the Building and Safety Director 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 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 PLANNING COMMISSION RESOLUTION 2014 - 015 CONDITIONS OF APPROVAL - ADOPTED AMENDED FINAL MAP 32742 MONTERRA (MONTERRA PROPERTIES, LLC) JUNE 24, 2014 PAGE 9 OF 25 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 Engineering 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. 31. 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. 32. The applicant shall furnish a complete set of all approved improvement plans on a storage media acceptable to the City Engineer (currently mylars). 33. 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 34. 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 PLANNING COMMISSION RESOLUTION 2014 - 015 CONDITIONS OF APPROVAL - ADOPTED AMENDED FINAL MAP 32742 MONTERRA (MONTERRA PROPERTIES, LLC) JUNE 24, 2014 PAGE 10 OF 25 same, or shall agree to any combination thereof, as may be required by the City. 35. 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. 36. 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. 37. Depending on the timing of the development of this Tentative Tract Map, and the status of the off -site improvements at the time, the applicant may be required to: A. Construct certain off -site improvements. B. Construct additional off -site improvements, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this tentative tract map. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these actions, as the City may require. 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. 38. 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 PLANNING COMMISSION RESOLUTION 2014 - 015 CONDITIONS OF APPROVAL - ADOPTED AMENDED FINAL MAP 32742 MONTERRA (MONTERRA PROPERTIES, LLC) JUNE 24, 2014 PAGE 11 OF 25 unit cost schedule as approved by the City Engineer. At the time the applicant submits its detailed construction cost estimates for conditional approval of the Final Map by the City Council, the applicant shall also submit one copy each of an 8-1 /2" x 11 " reduction of each page of the Final Map, along with a copy of an 8-1 /2" x 11 " Vicinity Map. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. 39. 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 40. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 41. 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. 42. 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 PLANNING COMMISSION RESOLUTION 2014 - 015 CONDITIONS OF APPROVAL - ADOPTED AMENDED FINAL MAP 32742 MONTERRA (MONTERRA PROPERTIES, LLC) JUNE 24, 2014 PAGE 12 OF 25 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. 43. 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. 44. 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. 45. 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 PLANNING COMMISSION RESOLUTION 2014 - 015 CONDITIONS OF APPROVAL - ADOPTED AMENDED FINAL MAP 32742 MONTERRA (MONTERRA PROPERTIES, LLC) JUNE 24, 2014 PAGE 13 OF 25 Conditions of Approval. 46. 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. 47. Prior to any site grading or regrading 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. 48. 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 49. Stormwater handling shall conform with the approved hydrology and drainage report for Amended Tract Map No. 32742. Nuisance water shall be disposed of in an approved manner. 50. 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. PLANNING COMMISSION RESOLUTION 2014 - 015 CONDITIONS OF APPROVAL - ADOPTED AMENDED FINAL MAP 32742 MONTERRA (MONTERRA PROPERTIES, LLC) JUNE 24, 2014 PAGE 14 OF 25 51. 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. 52. 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. 53. 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. 54. No fence or wall shall be constructed around any retention basin unless approved by the Community Development Director and the City Engineer. 55. 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. 56. 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). 57. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 58. 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. PLANNING COMMISSION RESOLUTION 2014 - 015 CONDITIONS OF APPROVAL - ADOPTED AMENDED FINAL MAP 32742 MONTERRA (MONTERRA PROPERTIES, LLC) JUNE 24, 2014 PAGE 15 OF 25 59. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 60. 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. R7-201 3-0011. 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 Facilities Agreement that provides for the perpetual maintenance and operation of stormwater BMPs. UTILITIES 60. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 61. 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. PLANNING COMMISSION RESOLUTION 2014 - 015 CONDITIONS OF APPROVAL - ADOPTED AMENDED FINAL MAP 32742 MONTERRA (MONTERRA PROPERTIES, LLC) JUNE 24, 2014 PAGE 16 OF 25 62. 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. 63. 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 64. 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. 65. Streets shall have vertical curbs or other approved curb configurations that 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. 66. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS 1) Monroe Street (Primary Arterial): Widen the west side of the street along all frontage adjacent to the Amended Tentative Map boundary to its ultimate width on the west side as specified in the General Plan and the requirements of these PLANNING COMMISSION RESOLUTION 2014 - 015 CONDITIONS OF APPROVAL - ADOPTED AMENDED FINAL MAP 32742 MONTERRA (MONTERRA PROPERTIES, LLC) JUNE 24, 2014 PAGE 17 OF 25 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 forty three feet (43') west of the centerline, except at locations where additional street width is needed to accommodate: a) Bus turnout (if required by Sunline Transit) Other required improvements in the Monroe Street right or way and/or adjacent landscape setback area include: b) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. c) 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that 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. d) Half width of an 18' - foot wide raised landscaped median along the entire boundary of the Amended Tentative Tract Map as approved by the City Engineer. Left turn out and left turn in movements are restricted. e) Improvements to restrict the right turn in movement to the Monroe Street access as approved by the City Engineer. f) Establish a benchmark in the Monroe Street right of way and file a record of the benchmark with the County of Riverside. PLANNING COMMISSION RESOLUTION 2014 - 015 CONDITIONS OF APPROVAL - ADOPTED AMENDED FINAL MAP 32742 MONTERRA (MONTERRA PROPERTIES, LLC) JUNE 24, 2014 PAGE 18 OF 25 The applicant shall extend improvements beyond the subdivision boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). B. PRIVATE STREETS 1) Construct full 36-foot wide travel width improvements measured gutter flow line to gutter flow line plus curb and gutter where the residential streets are double loaded. 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. 67. 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. 68. 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 PLANNING COMMISSION RESOLUTION 2014 - 015 CONDITIONS OF APPROVAL - ADOPTED AMENDED FINAL MAP 32742 MONTERRA (MONTERRA PROPERTIES, LLC) JUNE 24, 2014 PAGE 19 OF 25 operations until mix designs are approved. 69. 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. 70. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. CONSTRUCTION 71. 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 72. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 73. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 74. 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. 75. The applicant shall submit all landscape plans for approval by the Community Development Department with green sheet sign off by the Public Works Department. When plan checking has been completed by the Community Development Department, the applicant shall obtain the signatures of CVWD PLANNING COMMISSION RESOLUTION 2014 - 015 CONDITIONS OF APPROVAL - ADOPTED AMENDED FINAL MAP 32742 MONTERRA (MONTERRA PROPERTIES, LLC) JUNE 24, 2014 PAGE 20 OF 25 and the Riverside County Agricultural Commissioner, prior to submittal for signature by the Community Development Director. Landscape plans for landscaped medians on public streets shall be approved by the both the Community Development Director and the City Engineer. Where City Engineer approval is not required, the applicant shall submit for green sheet approval by the Public Works Department. Final landscape plans for on -site planting shall be reviewed by the Architecture and Landscape Review Committee and approved by the Community Development Director prior to issuance of first building permit. Final plans shall include all landscaping associated with this project. NOTE: Plans are not approved for construction until signed by the Community Development Director. 76. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Community Development Director. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 24 inches of curbs along public streets. 77. 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 78. The applicant shall provide public transit improvements as required by SunLine Transit Agency and as approved by the City Engineer. MAINTENANCE 79. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 80. The applicant shall make provisions for the continuous and perpetual PLANNING COMMISSION RESOLUTION 2014 - 015 CONDITIONS OF APPROVAL - ADOPTED AMENDED FINAL MAP 32742 MONTERRA (MONTERRA PROPERTIES, LLC) JUNE 24, 2014 PAGE 21 OF 25 maintenance of perimeter landscaping up to the curb, access drives, sidewalks, stormwater BMPs, and common areas. FEES AND DEPOSITS 81. 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. FIRE DEPARTMENT 82. Effective January 1st 2011 all one/two family dwellings and townhouses will require an automatic residential fire sprinkler system designed and installed in accordance with section HCD R313.3 or NFPA 13D. 83. For residential areas, approved standard fire hydrants, located at each intersection and spaced 500 feet apart with no portion of any lot frontage more than 165 feet from a hydrant. Minimum fire flow shall be 1000 GPM for a 2-hour duration at 20 PSI. 84. For any buildings with public access, provide or show there exists a water system capable of delivering a fire flow 2500 gallons per minute for 2 hours duration at 20 psi residual operating pressure, which must be available before any combustible material is placed on the construction site. 85. Prior to building plan approval and construction, applicant/developer shall furnish two copies of the water system fire hydrant plans to Fire Department for review and approval. Plans shall be signed by a registered civil engineer, and shall confirm hydrant type, location, spacing, and minimum fire flow. Once plans are signed and approved by the local water authority, the originals shall be presented to the Fire Department for review and approval. 86. Prior to issuance of building permits, the water system for fire protection must be provided as approved by the Fire Department and the local water authority. PLANNING COMMISSION RESOLUTION 2014 - 015 CONDITIONS OF APPROVAL - ADOPTED AMENDED FINAL MAP 32742 MONTERRA (MONTERRA PROPERTIES, LLC) JUNE 24, 2014 PAGE 22 OF 25 87. Blue dot retro-reflectors pavement markers on private streets, public streets and driveways to indicated location of the fire hydrant. 06-05 (located at www.rvcfire.org) 88. Fire Apparatus access road shall be in compliance with the Riverside County Fire Department Standard number 06-05 (located at www.rvcfire.org). Access lanes will not have an up, or downgrade of more than 15%. Access lanes will be designed to withstand the weight of 80 thousand pounds over 2 axles. Access will have a turning radius capable of accommodating fire apparatus. Access lane shall be constructed with a surface so as to provide all weather driving capabilities. 89. An approved Fire Department access key lock box shall be installed next to the approved Fire Department access door to the building. If the buildings are protected with an alarm system, the lock box shall be required to have tampered monitoring. Required order forms and installation standards may be obtained at the Fire Department. 90. Any turn -around requires a minimum 38-foot turning radius. 91. All structures shall be accessible from an approved roadway to within 150 feet of all portions of the exterior of the first floor. 92. The minimum dimensions for access roads and gates is 20 feet clear and unobstructed width and a minimum vertical clearance of 13 feet 6 inches in height. 93. Roadways may not exceed 660 feet without secondary access. This access may be restricted to emergency vehicles only however public egress must be unrestricted. 94. Any gate providing access from a road shall be located at least 35 feet setback from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Where a one-way road with a single traffic lane provides access to a gate entrance, a 38-foot turning radius shall be used. 95. Gates may be automatic or manual and shall be equipped with a rapid entry PLANNING COMMISSION RESOLUTION 2014 - 015 CONDITIONS OF APPROVAL - ADOPTED AMENDED FINAL MAP 32742 MONTERRA (MONTERRA PROPERTIES, LLC) JUNE 24, 2014 PAGE 23 OF 25 system (KNOX). Plans shall be submitted to the Fire Department for approval prior to installation. Automatic gate pins shall be rated with a shear pin force, not exceed 30 pounds. Gates activated by a rapid system shall remain open until closed by the rapid entry system. Automatic gates shall be provided with a power backup. 96. LOT J: Exit only and Emergency Access — If an emergency access is pursued at a later date, parking is allowed on one side of the street providing that a minimum 20 foot clearance and unobstructed width is provided. 97. The applicant or developer shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane printing and/or signs. MISCELLANEOUS 98. The applicant shall disclose all easements on any lot within the proposed map to potential buyers prior to the sale of a lot within the tract map. 99. The applicant shall submit proof of abandoned easements on Lots 4, 15, 27, 28, and 29 prior to the issuance of building permits for those lots. 100. The applicant shall comply with the following Historical/Archaeological and Paleontological conditions: A. Historical/Archeological 1) The site shall be monitored during on- and off -site trenching and rough grading by qualified archaeological monitors. Proof of retention of monitors shall be given to the City prior to issuance of first earth -moving or clearing permit. The Torres -Martinez Desert Cahuilla, Augustine, and Cabazon Band of Mission Indians shall be contacted to determine if a tribe member is to be included as an archaeological monitor. 2) The final report on the monitoring shall be submitted to the Community Development Department prior to the issuance of the first Certificate of Occupancy for the project. PLANNING COMMISSION RESOLUTION 2014 - 015 CONDITIONS OF APPROVAL - ADOPTED AMENDED FINAL MAP 32742 MONTERRA (MONTERRA PROPERTIES, LLC) JUNE 24, 2014 PAGE 24 OF 25 3) Collected archaeological resources shall be properly packaged for long term curation, in polyethylene self -seal bags, vials, or film cans as appropriate, all within acid -free, standard size, comprehensively labeled archive boxes and delivered to the City prior to issuance of first Certificate of Occupancy for the property. Materials shall be accompanied by descriptive catalogue, field notes and records, primary research data, and the original graphics. B. Paleontological 1) On- and off -site monitoring of earth -moving and grading in areas identified as likely to contain paleontological resources shall be conducted by a qualified paleontological monitor. The monitor shall be equipped to salvage fossils as they are unearthed to avoid construction delays and to remove samples of sediments that are likely to contain the remains of small fossil invertebrates and vertebrates. The monitor shall be empowered to temporarily halt or divert equipment to allow removal of abundant or large specimens. Proof that a monitor has been retained shall be given to City prior to issuance of first earth - moving permit, or before any clearing of the site is begun. 2) Recovered specimens shall be prepared to the point of identification and permanent preservation, including washing of sediments to recover small invertebrates and vertebrates. 3) A report of findings with an appended itemized inventory of specimens shall be submitted to the City prior to the first occupancy of a residence being granted by the City. The report shall include pertinent discussions of the significance of all recovered resources where appropriate. The report and inventory, when submitted will signify completion of the program to mitigate impacts to paleontological resources. 4) Collected resources and related reports, etc. shall be given to the City for curation. Packaging of resources, reports, etc. shall PLANNING COMMISSION RESOLUTION 2014 - 015 CONDITIONS OF APPROVAL - ADOPTED AMENDED FINAL MAP 32742 MONTERRA (MONTERRA PROPERTIES, LLC) JUNE 24, 2014 PAGE 25 OF 25 comply with standards commonly used in the paleontological industry. 101. The applicant shall comply with all of the mitigation measures imposed on the project to reduce impacts to less than significant levels. Prior to the issuance of grading permits, the project proponent shall submit to the City Engineer, for review and approval, a liquefaction study which determines whether the project will be subject to liquefaction. Any recommendations made in the study shall be implemented in project construction. 102. Prior to issuance of a building permit for residential units, a Modification by Applicant shall be reviewed and approved by the Community Development Department in order to revise the landscaping plan to match the reconfigured community layout (including exit -only access gate details).