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CC Resolution 2015-021 WatermarkRESOLUTION NO. 2015 - 021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 36762 LOCATED AT THE NORTHWEST CORNER OF JEFFERSON STREET AND AVENUE 52 CASE NO.: TENTATIVE TRACT MAP 36762 APPLICANT: BEAZER HOMES HOLDINGS WHEREAS, the City Council of the City of La Quinta, California did, on the 6th day of January, 3`d day of March and 191h day of May 2015, hold duly noticed Public Hearings to consider a request by Beazer Homes Holdings for approval of Tentative Tract Map 36762, more particularly described as: Assessor's Parcel Nos.: 776-220-012, 776-220-013, 776-220-014 WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 9" day of December, 2014, hold a duly noticed Public Hearing to consider a request by Beazer Homes Holdings for approval of Tentative Tract Map 36762, and after hearing and considering all testimony and arguments, did adopt Planning Commission Resolution 2013-032, recommending to the City Council approval of Tentative Tract Map 36762; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the City Council did make the following mandatory findings to justify approval of said Amended Final Map: 1. Tentative Tract Map 36762 is consistent with the La Quinta General Plan, and Specific Plan ("SP") 2003-069 as proposed. The Tract Map is consistent with the Low Density Residential land use designation as set forth in the General Plan, and as set forth in SP 2003-069, as amended. 2. The design and improvement of Tentative Tract Map 36762 is consistent with the La Quinta General Plan, and SP 2003-069 with the implementation of recommended conditions of approval to ensure consistency for the homes proposed on the lots created herein, as well as adequate storm water drainage. The project density is consistent with the La Quinta General Plan and SP 2003-069, in that the development density of 3.9 units per acre is comparable to surrounding single-family home developments. 3. The design of Tentative Tract Map 36762 and proposed improvements are Resolution No. 2015-021 Tentative Tract Map 36762 Beazer Homes Holdings Corp. — Watermark Adopted: May 19, 2015 Page 2 of 3 not likely to cause substantial environmental damage, nor substantially and avoidably injure fish or wildlife or their habitat. Environmental Assessment 2014-638 determined that there are no significant impacts to air or water quality, biological or cultural resources, geology and soils which cannot be mitigated to less than significant levels, with incorporation of recommended mitigation measures into the Project, which has been required. 4. The design of Tentative Tract Map 36762 and type of improvements are not likely to cause serious public health problems, insofar as the project will be required to comply with all laws, standards and requirements associated with sanitary sewer collection, water quality and other public health issues. 5. The design and improvements required for Tentative Tract Map 36762 will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. All roadway improvements, easements, if any and surrounding improvements will be completed to City standards. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. That the above recitations are true and constitute the Findings of the City Council in this case; SECTION 2. That it does hereby approve Tentative Tract Map 36762, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta City Council, held on this the 19th day of May, 2015, by the following vote: AYES: Council Members Franklin, Osborne, Pena, Radi, Mayor Evans ABSENT: None ABSTAIN: None Resolution No. 2015-021 Tentative Tract Map 36762 Beazer Homes Holdings Corp. — Watermark Adopted: May 19, 2015 Page 3 of 3 LA DA EVANS, Mayor City of La Quinta, California ATTEST: ,.ww, SUSAN MAYSELS, qty Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO, FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California RESOLUTION NO. 2015-021 CONDITIONS OF APPROVAL - FINAL TENTATIVE TRACT MAP 36762 BEAZER HOMES HOLDINGS CORP. - WATERMARK ADOPTED: MAY 19, 2014 Page 1 of 20 Ic�u-�v 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. The Tentative Tract Map shall expire on December 9, 2016. A time extension may be requested per LQMC Section 13.12.160. 3. This Tentative Tract Map, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 4. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: • Riverside County Fire Marshal • La Quinta Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Water Quality Management Plan(WQMP) Exemption Form — Whitewater River Region, Improvement Permit) • La Quinta Community Development 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) RESOLUTION NO. 2015-021 CONDITIONS OF APPROVAL - FINAL TENTATIVE TRACT MAP 36762 BEAZER HOMES HOLDINGS CORP. - WATERMARK ADOPTED: MAY 19, 2014 Page 2 of 20 • 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 improvement 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 all requirements, directives, and orders established pursuant to Executive Order B-29-15 and all regulations adopted to implement that executive order by any state, regional, or local agency or department, including but not limited to regulations adopted by the State Water Resources Control Board, California Department of Water Resources, California Energy Commission, and Coachella Valley Water District (or other distributor of a public water supply), in furtherance of the mandate to prevent the waste and unreasonable use of potable water. If another executive order or future regulations are issued and adopted in furtherance of a mandate to prevent the waste and unreasonable use of water, the applicant shall comply with all requirements, directives, and orders established thereunder. If a requirement, directive, or order established pursuant to Executive Order B-29-15 (or any future executive order) and regulations adopted pursuant thereto is more restrictive than a requirement under the La Quinta Municipal Code applicable by these conditions of approval, then the applicant shall comply with the most restrictive requirement. 7. 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- 2013-001 1 and the State Water Resources Control Board's Order No. 2009- 0009-DWQ and Order No. 2010-0014-DWQ. RESOLUTION NO. 2015-021 CONDITIONS OF APPROVAL - FINAL TENTATIVE TRACT MAP 36762 BEAZER HOMES HOLDINGS CORP. - WATERMARK ADOPTED: MAY 19, 2014 Page 3 of 20 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 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. 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 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 RESOLUTION NO. 2015-021 CONDITIONS OF APPROVAL - FINAL TENTATIVE TRACT MAP 36762 BEAZER HOMES HOLDINGS CORP. - WATERMARK ADOPTED: MAY 19, 2014 Page 4 of 20 and the applicant shall execute and record an agreement that provides for the perpetual maintenance and operation of all post -construction BMPs as required. 8. 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). 9. 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. 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 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. 13. 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 RESOLUTION NO. 2015-021 CONDITIONS OF APPROVAL - FINAL TENTATIVE TRACT MAP 36762 BEAZER HOMES HOLDINGS CORP. - WATERMARK ADOPTED: MAY 19, 2014 Page 5 of 20 proposed development not limited to access rights over proposed and/or existing private streets that access public streets and open space/drainage facilities of the master development. 14. The applicant shall retain for private use on the Final Map all private 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. When the City Engineer determines that access rights to the proposed street rights -of -way shown on the approved Tentative Tract Map are necessary prior to approval of the Final Map dedicating such rights -of -way, the applicant shall grant the necessary rights -of -way within 60 days of a written request by the City. 16. 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. 17. The applicant shall maintain existing perimeter landscaping setbacks along all public rights -of -way as follows: A. Avenue 52 (Primary Arterial) - 20-foot from the R/W-P/L. B. Jefferson Street (Major Arterial) - 20-foot from the R/W-P/L. The listed setback depth shall be the average depth where a meandering wall design is approved. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 18. 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. 19. Direct vehicular access to Jefferson Street and Avenue 52 from lots with frontage along Avenue 52 and Jefferson Street is restricted, except for those RESOLUTION NO. 2015-021 CONDITIONS OF APPROVAL - FINAL TENTATIVE TRACT MAP 36762 BEAZER HOMES HOLDINGS CORP. - WATERMARK ADOPTED: MAY 19, 2014 Page 6 of 20 access points identified on the tentative tract map, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final tract map. 20. 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. 21. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. Street and Traffic Improvements 22. 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. 23. 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. 24. 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). 25. The private street rights -of -way to be retained for private use required for this development include: A. PRIVATE STREETS 1) Private Residential Streets measured at gutter flow line to gutter RESOLUTION NO. 2015-021 CONDITIONS OF APPROVAL - FINAL TENTATIVE TRACT MAP 36762 BEAZER HOMES HOLDINGS CORP. - WATERMARK ADOPTED: MAY 19, 2014 Page 7 of 20 flow line shall have a 36-foot travel width. 2) Private Alleys and Emergency Fire Access (Lots H, I, J, K, and M) — Shall be constructed according to the lay -out shown on the tentative map with on -street parking prohibited and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. 3) The location of driveways of corner lots shall not be located within the curb return and away from the intersection when possible. 26. All gated entries shall provide for a three -car minimum stacking capacity for inbound traffic to be a minimum length of 62 feet from call box to the street; and shall provide for a full turn -around outlet for non -accepted vehicles. Where a gated entry is proposed, the applicant shall submit a detailed exhibit at a scale of 1 " = 10', demonstrating that those passenger vehicles that do not gain entry into the development can safely make a full turn -around (minimum radius to be 24 feet) out onto the main street from the gated entry. Pursuant to said condition, there shall be a minimum of twenty five feet width provided at the turn -around opening provided. Two lanes of traffic shall be provided on the entry side of each gated entry, one lane shall be dedicated for residents, and one lane for visitors. The two travel lanes shall be a minimum of 20 feet of total paved roadway surface or as approved by the Fire Department. Entry drives, main interior circulation routes, standard knuckles, corner cutbacks, bus turnouts, dedicated turn lanes and other features shown on the approved construction plans, may require additional street widths as may be determined by the City Engineer. 27. 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. RESOLUTION NO. 2015-021 CONDITIONS OF APPROVAL - FINAL TENTATIVE TRACT MAP 36762 BEAZER HOMES HOLDINGS CORP. - WATERMARK ADOPTED: MAY 19, 2014 Page 8 of 20 Major Arterial 5.5" a.c./6.5" c.a.b. or the approved equivalents of alternate materials. 28. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 29. General access points and turning movements of traffic are limited to the following: A. Jefferson Street — Emergency Fire Access: Right turn out is permitted. Left turn movements in and out are prohibited. B. Avenue 52 — Primary Entry: Right turn in, right turn out and left turn in movements are permitted. Left turn movements out are prohibited. 30. 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. 31. 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 32. 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. RESOLUTION NO. 2015-021 CONDITIONS OF APPROVAL - FINAL TENTATIVE TRACT MAP 36762 BEAZER HOMES HOLDINGS CORP. - WATERMARK ADOPTED: MAY 19, 2014 Page 9 of 20 33. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of LQMC Section 13.24.040 (Improvement Plans). 34. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Rough Grading Plan 1 " = 40' Horizontal B. PM10 Plan 1" = 40' Horizontal C. WQMP (Plan submitted in Report Form) NOTE: A through C to be submitted concurrently. D. On -Site Street Improvements/Signing & Striping/Storm Drain Plan 1 " = 40' Horizontal, 1 " = 4' Vertical (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 authorized 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 improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. E. 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 formats approved by the City Engineer prior to commencing plan preparation. RESOLUTION NO. 2015-021 CONDITIONS OF APPROVAL — FINAL TENTATIVE TRACT MAP 36762 BEAZER HOMES HOLDINGS CORP. — WATERMARK ADOPTED: MAY 19, 2014 Page 10 of 20 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. "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. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 2013 California Building Code accessibility requirements associated with each door. The assessment must comply with the submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted to the Public Works Department in conjunction with the Site Development Plan when it is submitted for plan checking. In addition to the normal set of improvement plans, a "Site Development" plan is required to be submitted for approval by the Building Official, Community Development Director and the City Engineer. "Site Development" 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. "Street Parking" plan shall include appropriate signage to implement the "No Parking" concept, or alternatively an on -street parking policy shall be included in the CC & R's subject to City Engineer's Approval. The parking plan or CC & R's shall be submitted concurrently with the Street Improvement Plans. 35. 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. 36. The applicant shall furnish a complete set of all approved improvement plans on a storage media acceptable to the City Engineer (currently mylars). RESOLUTION NO. 2015-021 CONDITIONS OF APPROVAL - FINAL TENTATIVE TRACT MAP 36762 BEAZER HOMES HOLDINGS CORP. - WATERMARK ADOPTED: MAY 19, 2014 Page 11 of 20 37. 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 38. 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. 39. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Tract Map, shall comply with the provisions of LQMC Chapter 13.28 (Improvement Security). 40. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. When improvements are phased through a "Phasing Plan," or an administrative approval (e.g., Site Development Permits), all off -site improvements and common on -site improvements (e.g., backbone utilities, retention basins, perimeter walls, landscaping and gates) shall be constructed, or secured through a SIA, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer. RESOLUTION NO. 2015-021 CONDITIONS OF APPROVAL - FINAL TENTATIVE TRACT MAP 36762 BEAZER HOMES HOLDINGS CORP. - WATERMARK ADOPTED: MAY 19, 2014 Page 12 of 20 Improvements and obligations required of each subsequent phase shall either be completed, or secured through a SIA, prior to the completion of homes or the occupancy of permanent buildings within such latter phase, or as otherwise approved by the City Engineer. In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold . other approvals related to the development of the project, or call upon the surety to complete the improvements. 41. 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. 42. 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 RESOLUTION NO. 2015-021 CONDITIONS OF APPROVAL - FINAL TENTATIVE TRACT MAP 36762 BEAZER HOMES HOLDINGS CORP. - WATERMARK ADOPTED: MAY 19, 2014 Page 13 of 20 estimates shall conform to the 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. 43. 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 44. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 45. 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. 46. 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 a professional 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). RESOLUTION NO. 2015-021 CONDITIONS OF APPROVAL - FINAL TENTATIVE TRACT MAP 36762 BEAZER HOMES HOLDINGS CORP. - WATERMARK ADOPTED: MAY 19, 2014 Page 14 of 20 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. 47. 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. 48. 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. 49. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 50. Building pad elevations of perimeter lots shall not differ by more that one RESOLUTION NO. 2015-021 CONDITIONS OF APPROVAL - FINAL TENTATIVE TRACT MAP 36762 BEAZER HOMES HOLDINGS CORP. - WATERMARK ADOPTED: MAY 19, 2014 Page 15 of 20 foot higher from the building pads in adjacent developments. 51. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 52. 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. 53. 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 54. Stormwater handling shall conform with the approved hydrology and drainage report for Watermark, Tentative Tract Map 36762. Nuisance water shall be disposed of in an approved manner. 55. 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. RESOLUTION NO. 2015-021 CONDITIONS OF APPROVAL - FINAL TENTATIVE TRACT MAP 36762 BEAZER HOMES HOLDINGS CORP. - WATERMARK ADOPTED: MAY 19, 2014 Page 16 of 20 56. 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. 57. 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. 58. 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. 59. No fence or wall shall be constructed around any retention basin unless approved by the Community Development Director and the City Engineer. 60. 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. An exception to the Engineering Bulletin shall be granted to allow the basin bottom width to narrow to 13 feet at the east side maintenance entrance. 61. 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). 62. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 63. 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. RESOLUTION NO. 2015-021 CONDITIONS OF APPROVAL - FINAL TENTATIVE TRACT MAP 36762 BEAZER HOMES HOLDINGS CORP. - WATERMARK ADOPTED: MAY 19, 2014 Page 17 of 20 64. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 65. 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. 137-2013-001 1 and the State Water Resources Control Board's Order No. 2009-0009-DWQ and Order No. 2010-0014-DWQ. A. For post -construction urban runoff from New Development and Redevelopments Projects, the applicant shall implement requirements of the NPDES permit for the design, construction and perpetual operation and maintenance of BMPs per the approved Water Quality Management Plan (WQMP) for the project as required by the California Regional Water Quality Control Board — Colorado River Basin (CRWQCB-CRB) Region Board Order No. 137-2013-001 1. B. The applicant shall implement the WQMP Design Standards per (CRWQCB-CRB) Region Board Order No. 137-2013-001 1 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 66. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 67. 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 RESOLUTION NO. 2015-021 CONDITIONS OF APPROVAL - FINAL TENTATIVE TRACT MAP 36762 BEAZER HOMES HOLDINGS CORP. - WATERMARK ADOPTED: MAY 19, 2014 Page 18 of 20 practical and aesthetic. purposes. 68. 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. 69. 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. CONSTRUCTION 70. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. 71. All homes shall be designed with a minimum 12 inch eave/overhang of the roof. 72. Homes abutting the northern and western boundary of the site, and homes sited on lots 1 and 50 (adjacent to the project entry) shall be single story models. 73. Home abutting the northern and western boundary of the property shall be provided architectural enhancements on their northern elevation facing the Citrus. LANDSCAPE AND IRRIGATION 74. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans) RESOLUTION NO. 2015-021 CONDITIONS OF APPROVAL - FINAL TENTATIVE TRACT MAP 36762 BEAZER HOMES HOLDINGS CORP. - WATERMARK ADOPTED: MAY 19, 2014 Page 19 of 20 75. Landscape and irrigation plans shall be signed and stamped by a licensed landscape architect. 76. All new landscape areas shall have landscaping and permanent irrigation improvements in compliance with the City's Water Efficient Landscape regulations contained in LQMC Section 8.13 (Water Efficient Landscape). 77. Except as otherwise conditioned in Site Development Permit 2014-942, all landscaping shall consist of, at minimum, 36" box trees (i.e., a minimum 2.5 inch caliper measured three feet up from grade level after planting), 5-gallon shrubs, and groundcover. Double lodge poles (two-inch diameter) shall be used to brace and stake trees. 78. The applicant shall submit the final landscape plans for review, processing and approval to the Community Development Department, in accordance with the Final Landscape Plan application process as a minor final landscape plan. Community Development Director approval of the final landscape plans is required prior to issuance of the first building permit unless the Community Development Director determines extenuating circumstances exist which justify an alternative processing schedule. NOTE: Plans are not approved for construction until signed by the appropriate City official, including the Community Development Director and/or City Engineer. Prior to final approval of the installation of landscaping, the Landscape Architect of record shall provide the Community Development Department a letter stating he/she has personally inspected the installation and that it conforms with the final landscaping plans as approved by the City. If staff determines during final landscaping inspection that adjustments are required in order to meet the intent of the Planning Commission's approval, the Community Development Director shall review and approve any such revisions to the landscape plan. 79. 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. RESOLUTION NO. 2015-021 CONDITIONS OF APPROVAL - FINAL TENTATIVE TRACT MAP 36762 BEAZER HOMES HOLDINGS CORP. - WATERMARK ADOPTED: MAY 19, 2014 Page 20 of 20 PUBLIC SERVICES 80. The applicant shall provide public transit improvements as required by SunLine Transit Agency and as approved by the City Engineer. MAINTENANCE 81. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 82. The applicant shall make provisions for the continuous and perpetual maintenance of common areas, perimeter landscaping up to the curb, access drives, sidewalks, and stormwater BMPs. FEES AND DEPOSITS 83. 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.