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PC Resolution 2023-012 La Villetta at Ave 58; GPA 2021-0001, ZC 2021-0001, TTM 2021-0004, CUP 2021-0002PLANNING COMMISSION RESOLUTION 2023 - 012 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE A GENERAL PLAN AMENDMENT, ZONE CHANGE, TENTATIVE TRACT MAP, AND CONDITIONAL USE PERMIT TO ALLOW A PLANNED UNIT DEVELOPMENT CONSISTING OF 80 DWELLING UNITS LOCATED SOUTH OF AVENUE 58 BETWEEN MADISON STREET AND MONROE STREET CASE NUMBERS: GENERAL PLAN AMENDMENT 2021-0001, ZONE CHANGE 2021-0001, TENTATIVE TRACT MAP 2021-0004, AND CONDITIONAL USE PERMIT 2021-0002 APPLICANT: ROYAL INVESTORS GROUP WHEREAS, the Planning Commission of the City of La Quinta, California did, on June 13, 2023, hold a duly noticed Public Hearing to consider a request by Royal Investors Group for approval of a General Plan Amendment, Zone Change, Tentative Tract Map, and Conditional Use Permit for an 80-unit planned unit development located south of Avenue 58 between Madison Street and Monroe Street, more particularly described as: APN 764-180-002 and 764-180-003 WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on June 2, 2023, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and General Plan Amendment 2021-0001 WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did make the following mandatory findings to justify approval of said General Plan Amendment, as conditioned [Exhibits A and B]: 1. Internal General Plan Consistency. The amendment is internally consistent with those goals, objectives and policies of the general plan which are not being amended. The General Plan Amendment would lead to a Medium High Density land use designation which supports up to 16 units to the acre. 2. Public Welfare. Approval of the amendment will not create conditions materially detrimental to the public health, safety, and general welfare. As part of the project, a Mitigated Negative Declaration would be adopted to mitigate any potential impacts. PLANNING COMMISSION RESOLUTION 2023-012 GENERAL PLAN AMENDMENT 2021-0001 ZONE CHANGE 2021-0001 TENTATIVE TRACT MAP 2021-0004 CONDITIONAL USE PERMIT 2021-0002 PROJECT: LA VILLETTA AT AVENUE 58 ADOPTED: JUNE 13, 2023 Page 2 of 7 3. General Plan Compatibility. In the case of amendments to the general plan policy diagram, the new designation is compatible with the designations on adjacent properties. The increase in density is being used to create a residential project that will connect with surrounding residential properties to provide housing opportunities that meet the diverse needs of the City's existing and projected population. 4. Property Suitability. In the case of amendments to the general plan policy diagram, the new designation is suitable and appropriate for the subject property, insofar as it will allow the development of single-family homes on a site that is generally flat and rectangular. 5. Change in Circumstances. In the case of amendments to the general plan policy diagram, approval of the amendment is warranted because the situation and the general conditions of the property have substantially changed since the existing designation was imposed. Higher density is required to achieve a single-family home project that meets the market demand. Market conditions have led to needing more units to match increases in costs in building units meanwhile meeting increase in demand for single family residential units for the public. Zone Change 2021-0001 WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did make the following mandatory findings to justify approval of said Zone Change, as conditioned [Exhibit C and D]: 1. The zone map change is consistent with the goals, objectives, and policies of the General Plan, as described above and contained in Exhibit C. The Zone Change would lead to a High -Density Residential zoning designation, consistent with the Medium and High Density Residential General Plan land use designation, which supports 8-12 units per acre residential density and is designed to accommodate a broad range of residential land uses, including single family development. 2. Approval of the zone map change will not create conditions materially detrimental to the public health, safety, and general welfare. As part of the project, a Mitigated Negative Declaration would be adopted to mitigate any potential impacts. 3. The new zoning is compatible with the zoning on adjacent properties as it continues residentially zoned properties adjacent to the property and surrounding it. PLANNING COMMISSION RESOLUTION 2023-012 GENERAL PLAN AMENDMENT 2021-0001 ZONE CHANGE 2021-0001 TENTATIVE TRACT MAP 2021-0004 CONDITIONAL USE PERMIT 2021-0002 PROJECT: LA VILLETTA AT AVENUE 58 ADOPTED: JUNE 13, 2023 Page 3 of 7 4. The new zoning is suitable and appropriate for the subject property because it is currently zoned for residential and the change is to increase density, consistent with the General Plan Amendment designation. 5. Change in Circumstances. Approval of the zone change is warranted because the situation and the general conditions of the property have substantially changed since the existing zoning was imposed. Higher density is required to achieve a single-family home project that meets the market demand. Market conditions have led to needing more units to match increases in costs in building units meanwhile meeting increase in demand for single family residential units for the public. The zone change is warranted to meet the density allowed under the General Plan land use map. Tentative Tract Map 2021-0004 WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the Planning Commission did make the following mandatory findings to justify approval of said Tentative Tract Map, as conditioned [Exhibit E]: 1. The proposed Tentative Tract Map is consistent with the land use policies and programs of the General Plan, as it allows for development of a Medium High Density Residential project in the Medium/High Density land use designation, which supports up to 16 units per acre residential density and is designed to accommodate a broad range of residential land uses, including single family projects. 2. The design or improvement of the proposed subdivision is consistent with the La Quinta General Plan, and Planned Unit Development standards with the implementation of recommended conditions of approval to ensure consistency for the homes proposed on the lots created herein. 3. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially injure fish or wildlife or their habitat. The Design and Development Department prepared Environmental Assessment (EA) 2021-0006, in compliance with the requirements of the California Environmental Quality Act (CEQA). This approval includes adopting a Mitigated Negative Declaration. 4. The design of the subdivision or type of improvements are not likely to cause serious public health problems, insofar as the project will be required to comply PLANNING COMMISSION RESOLUTION 2023-012 GENERAL PLAN AMENDMENT 2021-0001 ZONE CHANGE 2021-0001 TENTATIVE TRACT MAP 2021-0004 CONDITIONAL USE PERMIT 2021-0002 PROJECT: LA VILLETTA AT AVENUE 58 ADOPTED: JUNE 13, 2023 Page 4 of 7 with all laws, standards and requirements associated with sanitary sewer collection, water quality and other public health issues. 5. The site of the proposed subdivision is physically suitable for the type of development and proposed density of development. The Planned Unit Development allows for creative development with smaller lot subdivision while still providing a quality residential development. 6. The proposed subdivision is consistent with all applicable provisions of Title 13 of the City's Subdivision Regulations Code and the Planned Unit Development, including, but not limited to, minimum lot area requirements, any other applicable provisions of Title 9 of the City's Zoning Code, and the Subdivision Map Act. 7. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. Conditional Use Permit 2021-0002 WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did make the following mandatory findings to justify approval of said Conditional Use Permit, as conditioned [Exhibit F]: 1. The proposed development is consistent with the General Plan land use designation of Medium/High Density Residential. The City's General Plan Medium/High Density Residential designation is designed to accommodate a broad range of residential land uses, including single family residential projects. The City's General Plan policies relating to Medium/High Density Residential encourage a broad range of residential uses within the City, and the proposed use maintains those policies. The proposed project is consistent with the following Goals, Programs, and Policies: • Goal LU-2 as the project consists of high -quality design that complements and enhances the City. The project design uses high -quality Spanish, Mediterranean, and Santa Barbra styles, and utilizes varying roof lines and architectural accent, along with a complementary color palette. • Goal LU-5 as the project provides a broad range of housing types and choices for all residents of the City. The project provides for a small lot single family home residential project, which creates a different housing type and choice for residents within the City. PLANNING COMMISSION RESOLUTION 2023-012 GENERAL PLAN AMENDMENT 2021-0001 ZONE CHANGE 2021-0001 TENTATIVE TRACT MAP 2021-0004 CONDITIONAL USE PERMIT 2021-0002 PROJECT: LA VILLETTA AT AVENUE 58 ADOPTED: JUNE 13, 2023 Page 5 of 7 • Policy LU-5.2 in considering changes in market demand in residential product type to meet the needs of current and future residents. The project is changing from a low -density residential project to a planned unit development project to respond to market demand in residential product type to provide residents with smaller lot single family subdivisions. • Goal SC-1 in that it provides a community that provides the best possible quality of life for all its residents by providing alternative housing types within La Quinta meanwhile providing a project that incorporates open space and common area with a pool for its residents, bocce ball court, tot lot, and passive open space. • Goal H-1 in providing housing opportunities that meet the diverse needs of the City's existing and projected population. The single-family home project of this type provides a diverse type of residential product. • Policy H-1.3 to direct new housing development to viable areas where essential public facilities can be provided and employment opportunities, educational facilities, and commercial support are available. The housing development is located in viable area where essential public facilities can be provided and employment opportunities, educational facilities, and commercial support are all available. 2. The proposed development, as conditioned, is consistent with the purpose and intent of the Medium High Density Residential zone as well as the development standards of the City's Zoning Code and in terms of architectural style and landscaping. The project satisfies the zone's intent to provide for the development of high -density neighborhoods with one and two-story single-family dwellings. The project is generally consistent with the residential development standards and permitted use table, except deviations as established within the Planned Unit Development. 3. The Design and Development Department has prepared Environmental Assessment 2021-0006 for this project, in compliance with the requirements of the California Environmental Quality Act (CEQA). The Department has determined that although the proposed project could have a significant effect on the environment, there will not be a significant effect because mitigation measures have been incorporated. PLANNING COMMISSION RESOLUTION 2023-012 GENERAL PLAN AMENDMENT 2021-0001 ZONE CHANGE 2021-0001 TENTATIVE TRACT MAP 2021-0004 CONDITIONAL USE PERMIT 2021-0002 PROJECT: LA VILLETTA AT AVENUE 58 ADOPTED: JUNE 13, 2023 Page 6 of 7 4. The architectural design of the project, including, but not limited to, the architectural style, scale, building mass, materials, colors, architectural details, roof style and other architectural elements are compatible with surrounding development and with the quality of design prevalent in the city. The Spanish, Mediterranean, and Santa Barbara styles utilizes a high -quality design that is compatible with other approved and constructed residential projects within the City. 5. The site design of the project including, but not limited to, project entries, interior circulation, pedestrian and bicycle access, pedestrian amenities, screening of equipment and trash enclosures, exterior lighting, and other site design elements are compatible with surrounding development and with the quality of design prevalent in the city. 6. Project landscaping, including, but not limited to, the location, type, size, color, texture, and coverage of plant materials, has been designed so as to provide visual relief, complement buildings, visually emphasize prominent design elements and vistas, screen undesirable views, provide a harmonious transition between adjacent land uses and between development and open space, and provide an overall unifying influence to enhance the visual continuity of the project. The proposed project is consistent with the landscaping standards and plant palette and implements the standards for landscaping and aesthetics established in the General Plan and Zoning Code. The permanent overall site landscaping utilizes various tree and shrub species to enhance the building architecture and provide adequate relief and screening from Avenue 58. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: SECTION 1. That the above recitations are true and constitute the Findings of the Planning Commission in this case. SECTION 2. That the above project is determined to be consistent with the Mitigated Negative Declaration prepared for the project (EA 2021-0006). SECTION 3. That it does hereby recommend that the City Council approve General Plan Amendment 2021-0001, Zone Change 2021-0001, Tentative Tract Map 2021-0004, and Conditional Use Permit 2021-0002, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval [Exhibits B, D, E, F]. PLANNING COMMISSION RESOLUTION 2023-012 GENERAL PLAN AMENDMENT 2021-0001 ZONE CHANGE 2021-0001 TENTATIVE TRACT MAP 2021-0004 CONDITIONAL USE PERMIT 2021-0002 PROJECT: LA VILLETTA AT AVENUE 58 ADOPTED: JUNE 13, 2023 Page 7 of 7 PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta Planning Commission, held on June 13, 2023, by the following vote: AYES: Commissioners Caldwell, McCune, Nieto, Tyerman and Chairperson Currie NOES: Commissioners Guerrero and Hassett ABSENT: None ABSTAIN: None RETTA CURRIE, Chairperson City of La Quinta, California ATTEST: 'b 4^-!k ::n� c "'-� DANNY CASTRO, besign and Development Director City of La Quinta, California PLANNING COMMISSION RESOLUTION 2023-012 CitIVtKAL PLAIN AIVItIVUIVItIV I ZUZ"I-UUU"I PROJECT: LA VILLETTA AT AVENUE 58 ADOPTED: JUNE 13, 2023 Existing General Plan Land Use M Project Site i GENERAL PLAN DESIGNATIONS Low Density Residential Source: City of La Quinta General Plan Preferred Land Use Map; May 7, 2012. L-^ IIL71 1 P% Proposed General Plan Land Use ----------------, � I � I � I Project Site ----------------- ou GENERAL PLAN DESIGNATIONS Medium/High Density Residential LA VILLETTA AT AVENUE 58 PROJECT Initial Study/Mitigated Negative Declaration Existing and Proposed General Plan Land Use Designations VCS Environmental Figure 3-4 PLANNING COMMISSION RESOLUTION 2023-012 EXHIBIT B CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT 2021-0001 PROJECT: LA VILLETTA AT AVENUE 58 ADOPTED: JUNE 13, 2023 PAGE 1 OF 1 GENERAL The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this General Plan Amendment. 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. GPA2021-0001 shall comply with all applicable conditions and mitigation measures for the following related approvals: ENVIRONMENTAL ASSESSMENT 2021-0001 ZONE CHANGE 2021-0001 TENTATIVE TRACT MAP 2021-0004 CONDITIONAL USE PERMIT 2021-0002 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Design and Development Director shall adjudicate the conflict by determining the precedence. PLANNING COMMISSION RESOLUTION 2023-012 ZONE CHANGE 2021-0001 EXHIBIT C PROJECT: LA VILLETTA AT AVENUE 58 ADOPTED: JUNE 13, 2023 Existing Zoning RESIDENTIAL Low Density Residential Source: City of La Quinta Official Zoning Map; May 2021. E Proposed • • mc][ --- RL RESIDENTIAL Medium High Density Residential LA VI LLETTA AT AVENUE 58 PROJECT Initial Study/Mitigated Negative Declaration Existing and Proposed Zoning VCS Environmental Figure 3-5 PLANNING COMMISSION RESOLUTION 2023-012 EXHIBIT D CONDITIONS OF APPROVAL ZONE CHANGE 2021-0001 PROJECT: LA VILLETTA AT AVENUE 58 ADOPTED: JUNE 13, 2023 PAGE 1 OF 1 GENERAL The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Zone Change. 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. ZC2021-0001 shall comply with all applicable conditions and mitigation measures for the following related approvals: ENVIRONMENTAL ASSESSMENT 2021-0006 GENERAL PLAN AMENDMENT 2021-0001 TENTATIVE TRACT MAP 2021-0004 CONDITIONAL USE PERMIT 2021-0002 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Design and Development Director shall adjudicate the conflict by determining the precedence. PLANNING COMMISSION RESOLUTION 2023-012 EXHIBIT E CONDITIONS OF APPROVAL TENTATIVE TRACT MAP 2021-0004 PROJECT: LA VILLETTA AT AVENUE 58 ADOPTED: JUNE 13, 2023 PAGE 1 OF 17 GENERAL The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Tract Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Tentative Tract Map, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code §§ 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). 3. This Tentative Tract Map shall expire 36 months from the approval date and shall become null and void in accordance with La Quinta Municipal Code Section 13.12.150. A time extension may be requested per LQMC Section 13.12.160 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 Development Division (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Water Quality Management Plan (WQMP) Exemption Form — Whitewater River Region, Improvement Permit) • La Quinta Design and Development Department • Riverside Co. Environmental Health Department • Coachella Valley Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID)California Regional Water Quality Control Board (CRWQCB) • State Water Resources Control Board • SunLine Transit Agency (SunLine) • South Coast Air Quality Management District Coachella Valley (SCAQMD) The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When these requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. 5. Coverage under the State of California General Construction Permit must be obtained by the applicant, who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NOI") and Waste Discharger Identification (WDID) number to the City prior to the issuance of a grading or building permit. PLANNING COMMISSION RESOLUTION 2023-012 CONDITIONS OF APPROVAL TENTATIVE TRACT MAP 2021-0004 PROJECT: LA VILLETTA AT AVENUE 58 ADOPTED: JUNE 13, 2023 PAGE 2 OF 17 EXHIBIT E 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. R7-2013-0011 and the State Water Resources Control Board's Order No. 2012-0006-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permittee 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. D. 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. E. The inclusion in the Conditions, Covenants, and Restrictions (CC&Rs), a requirement for the perpetual maintenance and operation of all post -construction BMPs as 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. TTM2021-0004 shall comply with all applicable conditions and mitigation measures for the following related approvals: • Conditional Use Permit 2021-0002 • Environmental Assessment 2021-0006 • General Plan Amendment 2021-0001 • Zone Change 2021-0001 PLANNING COMMISSION RESOLUTION 2023-012 CONDITIONS OF APPROVAL TENTATIVE TRACT MAP 2021-0004 PROJECT: LA VILLETTA AT AVENUE 58 ADOPTED: JUNE 13, 2023 PAGE 3 OF 17 EXHIBIT E In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Design and Development Director shall adjudicate the conflict by determining the precedence. 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 conditions, if Developer requests that the City modify or revise any documents or instruments prepared initially by the City to affect 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 11. 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 over easements and other property rights necessary for construction and proper functioning of the proposed development not limited to access rights over proposed and/or existing private streets that access public streets and open space/drainage facilities of the master development. 13. The applicant shall offer for dedication all public street rights -of -way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 14. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Avenue 58 (Secondary Arterial) — The standard 51 feet from the centerline of Avenue 58 to the ultimate developed right of way. 15. 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. PLANNING COMMISSION RESOLUTION 2023-012 CONDITIONS OF APPROVAL TENTATIVE TRACT MAP 2021-0004 PROJECT: LA VILLETTA AT AVENUE 58 ADOPTED: JUNE 13, 2023 PAGE 4 OF 17 EXHIBIT E 16. 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 flow line shall have a 40-foot travel width. The travel width may be reduced to 32 feet with parking restricted to one side, 28 feet if on -street parking is prohibited, or 24 feet with prohibited on -street parking with approved Planned Unit Development (PUD) provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&Rs. 17. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. Pursuant to this requirement, the Applicant shall include in the submittal packet containing the draft final map submitted for map checking, an offsite street geometric layout, drawn at 1" equals 40 feet, detailing the following design aspects: median curb line, outside curb line, lane line alignment including lane widths, left turn lanes, deceleration lane(s) and bus stop turnout(s). The geometric layout shall be accompanied with sufficient professional engineering studies to confirm the appropriate length of all proposed turn pockets and auxiliary lanes that may impact the right of way dedication required of the project and the associated landscape setback requirement. 18. When the City Engineer determines that access rights to the proposed street rights -of -way shown on the approved Tentative 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. 19. 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. 20. The applicant shall create perimeter landscaping setbacks along all public rights -of -way as follows: A. Avenue 58 (Secondary Arterial) - 10-foot from the R/W-P/L. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 21. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. 22. Direct vehicular access to Avenue 58 is restricted, except for those access points identified on the tentative tract map, or as otherwise conditioned in these conditions of approval. PLANNING COMMISSION RESOLUTION 2023-012 EXHIBIT E CONDITIONS OF APPROVAL TENTATIVE TRACT MAP 2021-0004 PROJECT: LA VILLETTA AT AVENUE 58 ADOPTED: JUNE 13, 2023 PAGE 5 OF 17 The vehicular access restriction shall be shown on the recorded final tract map. 23. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 24. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 25. The applicant shall comply with the provisions of LQMC Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access for Individual Properties and Development) for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 26. 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. 27. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS 1) Avenue 58 (Secondary Arterial) a. Widen the south side of the street along all frontage adjacent to the Tentative Map boundary to its ultimate width on the south side as specified in the General Plan and the requirements of these conditions. 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 south curb face shall be located thirty-six feet (36') south of the centerline or as approved by the City Engineer. b. Restripe to provide an eastbound right -turn lane and a westbound left - turn lane at the main project driveway and an eastbound right -turn lane at the emergency access driveway as shown in the Traffic Impact Analysis Report and/or as approved by the City Engineer. Other required improvements in the right-of-way and/or adjacent landscape setback area include: PLANNING COMMISSION RESOLUTION 2023-012 CONDITIONS OF APPROVAL TENTATIVE TRACT MAP 2021-0004 PROJECT: LA VILLETTA AT AVENUE 58 ADOPTED: JUNE 13, 2023 PAGE 6 OF 17 EXHIBIT E C. All appurtenant components such as, but not limited to curb, gutter, traffic control striping, legends, and signs. d. Multi -Use Path - The applicant shall construct a multi -use path per La Quinta Standard 260 along the south side of Avenue 58 frontage within the landscaped setback. The location and design of the path shall be approved by the City. A split rail fence shall be constructed along the roadway side of the multi -use path in accordance with Section 9.140.060 (Item E, 3a) of the Zoning Ordinance. Bonding for the fence to be installed shall be posted prior to final map approval. The multi -use path and fence shall be maintained by the Developer or project's Homeowner's Association as applicable. The applicant shall extend improvements beyond the project boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). B. PRIVATE STREETS 1) Construct internal streets per the approved lay -out shown on the Tentative Tract map and/or as approved by the City Engineer. Minimum street width measured at gutter flow line to gutter flow line shall have a 40-foot travel width. The travel width may be reduced to 32 feet with parking restricted to one side, 28 feet if on -street parking is prohibited, or 24 feet with prohibited on -street parking with approved Planned Unit Development (PUD). The applicant shall make provisions for perpetual enforcement of the "No Parking" restrictions in the CC&Rs. 2) The location of driveways shall not be located within the curb return and away from intersections, when possible. 28. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Parking Lot & Aisles (Low Traffic) Parking Lot & Aisles (High Traffic) Residential Secondary Arterial 3.0" a.c./4.5" c.a.b. 4.5" a.c /5.5" c.a.b. 3.0" a.c./4.5" c.a.b. 4.0" a.c./6.0" c.a.b. or the approved equivalents of alternate materials per the City Engineer. 29. 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 PLANNING COMMISSION RESOLUTION 2023-012 CONDITIONS OF APPROVAL TENTATIVE TRACT MAP 2021-0004 PROJECT: LA VILLETTA AT AVENUE 58 ADOPTED: JUNE 13, 2023 PAGE 7 OF 17 EXHIBIT E 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. 30. 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 or as approved by the City Engineer. 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. 31. General access points and turning movements of traffic are limited to the following: Avenue 58 (Primary Entry): Full turn movements in and out are allowed. Avenue 58 (Emergency Access): Emergency access only. No public access allowed. Left turns are restricted. 32. 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. 33. 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. 34. Standard knuckles and corner cut -backs shall conform to Riverside County Standard Drawings #801 and #805, respectively, unless otherwise approved by the City Engineer. FINAL MAPS 35. Prior to the City's approval of a Final Map, the applicant shall furnish accurate mylars of the Final Map that were approved by the City's map checker on a storage media acceptable to the City Engineer. The Final Map shall be 1" = 40' scale. PLANNING COMMISSION RESOLUTION 2023-012 EXHIBIT E CONDITIONS OF APPROVAL TENTATIVE TRACT MAP 2021-0004 PROJECT: LA VILLETTA AT AVENUE 58 ADOPTED: JUNE 13, 2023 PAGE 8 OF 17 PARKING 36. The design of parking facilities shall conform to LQMC Chapter 9.150 and in particular the following: A. The parking stall and aisle widths and the double hairpin stripe parking stall design shall conform to LQMC Chapter 9.150. B. Cross slopes should be a maximum of 2% where ADA accessibility is required including accessibility routes between buildings. C. Building access points shall be shown on the Precise Grading Plans to evaluate ADA accessibility issues. D. Accessibility routes to public streets and adjacent development shall be shown on the Precise Grading Plan. E. Parking stall lengths shall be according to LQMC Chapter 9.150 and be a minimum of 17 feet in length with a 2-foot overhang for standard parking stalls and 18 feet with a 2-foot overhang for handicapped parking stall or as approved by the City Engineer. One van accessible handicapped parking stall is required per 8 handicapped parking stalls. Entry drives, main interior circulation routes, corner cutbacks, bus turnouts, dedicated turn lanes, ADA accessibility route to public streets and other features shown on the approved construction plans, may require additional street widths and other improvements as may be determined by the City Engineer. 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. 37. 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). 38. The following improvement plans shall be prepared and submitted for review and approval by the Development Services Division. 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 PLANNING COMMISSION RESOLUTION 2023-012 CONDITIONS OF APPROVAL TENTATIVE TRACT MAP 2021-0004 PROJECT: LA VILLETTA AT AVENUE 58 ADOPTED: JUNE 13, 2023 PAGE 9 OF 17 B. PM10 Plan C IQ E F Erosion Control Plan EXHIBIT E 1" = 40' Horizontal 1" = 40' Horizontal Final WQMP (Plan submitted in Report Form) NOTE: A through D to be submitted concurrently. Off -Site Street Improvement/Storm Drain Plan Off -Site Signing & Striping Plan 1" = 40' Horizontal, 1" = 4' Vertical 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 Precise Grading Plan 1" = 30' Horizontal H. On -Site Street Improvements/Signing & Striping/Storm Drain Plan 1" = 40' Horizontal, 1 "= 4' Vertical NOTE: E through H to be submitted concurrently. (Separate Storm Drain Plans if applicable) Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All Off -Site Plan & Profile Street Plans and Signing & Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. All On -Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. "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. "On -Site Precise Grading" plans shall normally include all on -site surface improvements including but not limited to finish grades for curbs & gutters, building floor elevations, wall elevations, parking lot improvements and accessibility requirements. PLANNING COMMISSION RESOLUTION 2023-012 CONDITIONS OF APPROVAL TENTATIVE TRACT MAP 2021-0004 PROJECT: LA VILLETTA AT AVENUE 58 ADOPTED: JUNE 13, 2023 PAGE 10 OF 17 EXHIBIT E 39. 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 (laquintaca.gov). Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. 40. The applicant shall furnish a complete set of all approved improvement plans on a storage media acceptable to the City Engineer. 41. 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 42. 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. 43. 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). 44. Prior to constructing any off -site improvements, the applicant shall deposit securities equivalent to both a Performance and Labor & Material Bonds each valued at 100% of the cost of the off -site improvements, or as approved by the City Engineer. 45. 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. 46. 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, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer. PLANNING COMMISSION RESOLUTION 2023-012 CONDITIONS OF APPROVAL TENTATIVE TRACT MAP 2021-0004 PROJECT: LA VILLETTA AT AVENUE 58 ADOPTED: JUNE 13, 2023 PAGE 11 OF 17 EXHIBIT E Improvements and obligations required of each subsequent phase shall either be completed, or secured, 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. 47. 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. 48. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on -site and off -site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule as approved by the City Engineer. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. 49. 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 PLANNING COMMISSION RESOLUTION 2023-012 EXHIBIT E CONDITIONS OF APPROVAL TENTATIVE TRACT MAP 2021-0004 PROJECT: LA VILLETTA AT AVENUE 58 ADOPTED: JUNE 13, 2023 PAGE 12 OF 17 the improvements. GRADING 50. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 51. 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. 52. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a civil engineer registered in the State of California, B. A preliminary geotechnical ("soils") report prepared by an engineer registered in the State of California, C. A Fugitive Dust Control Plan prepared in accordance with LQMC Chapter 6.16, (Fugitive Dust Control), and D. A Best Management Practices report prepared in accordance with LQMC Sections 8.70.010 and 13.24.170 (NPDES Stormwater Discharge Permit and Storm Management and Discharge Controls). E. Final WQMP prepared by an appropriate 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. 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. 53. 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. 54. 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 PLANNING COMMISSION RESOLUTION 2023-012 CONDITIONS OF APPROVAL TENTATIVE TRACT MAP 2021-0004 PROJECT: LA VILLETTA AT AVENUE 58 ADOPTED: JUNE 13, 2023 PAGE 13 OF 17 EXHIBIT E 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. 55. 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, or as approved by the City Engineer. 56. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. 57. 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. 58. 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 59. Stormwater handling shall conform with the approved hydrology and drainage report for the Avenue 58 Townhomes project (TTM 37950), or as approved by the City Engineer. Nuisance water shall be disposed of in an approved manner. Nuisance water shall be retained onsite and disposed of via an underground percolation improvement approved by the City Engineer. 60. 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 the 1 hour, 3-hour, 6 hour or 24-hour event producing the greatest total run off. 61. 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 PLANNING COMMISSION RESOLUTION 2023-012 EXHIBIT E CONDITIONS OF APPROVAL TENTATIVE TRACT MAP 2021-0004 PROJECT: LA VILLETTA AT AVENUE 58 ADOPTED: JUNE 13, 2023 PAGE 14 OF 17 No. 06-015 - Underground Retention Basin Design Requirements. 62. 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. 63. 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. 64. No fence or wall shall be constructed around any retention basin unless approved by the Planning Manager and the City Engineer. 65. 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. 66. 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). 67. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 68. 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. 69. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 70. The applicant shall comply with applicable provisions for post construction runoff per the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and the California Regional Water Quality Control Board — Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2013-0011. 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 PLANNING COMMISSION RESOLUTION 2023-012 CONDITIONS OF APPROVAL TENTATIVE TRACT MAP 2021-0004 PROJECT: LA VILLETTA AT AVENUE 58 ADOPTED: JUNE 13, 2023 PAGE 15 OF 17 EXHIBIT E 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 71. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 72. 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. 73. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. The 92 KV transmission power poles and all existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 74. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. Additionally, grease traps and the maintenance thereof shall be located as to not conflict with access aisles/entrances. CONSTRUCTION 75. 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. LANDSCAPE AND IRRIGATION PLANNING COMMISSION RESOLUTION 2023-012 CONDITIONS OF APPROVAL TENTATIVE TRACT MAP 2021-0004 PROJECT: LA VILLETTA AT AVENUE 58 ADOPTED: JUNE 13, 2023 PAGE 16 OF 17 EXHIBIT E 76. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). 77. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 78. All new and modified 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). 79. Lighting plans shall be submitted with the final landscaping plans for a recommendation to the Planning Manager for his approval. Exterior lighting shall be consistent with LQMC Section 9.100.150 (Outdoor Lighting). All freestanding lighting shall not exceed 18 feet in height and shall be fitted with a visor if deemed necessary by staff to minimize trespass of light off the property. The illuminated carports shall be included in the photometric study as part of the final lighting plan submittal. 80. All water features shall be designed to minimize "splash" and use high efficiency pumps and lighting to the satisfaction of the Community Development Director. They shall be included in the landscape plan water efficiency calculations per Municipal Code Chapter 8.13. 81. All rooftop mechanical equipment shall be completely screened from view. Utility transformers or other ground mounted mechanical equipment shall be fully screened with a screening wall or landscaping and painted to match the adjacent buildings. 82. 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. Planning Manager approval of the final landscape plans is required prior to issuance of the first building permit unless the Planning Manager determines extenuating circumstances exist which justifies an alternative processing schedule. NOTE: Plans are not approved for construction until signed by the appropriate City official, including the Planning Manager and/or City Engineer. 83. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the AASHTO "A Policy on Geometric Design of Highways and Streets, 5th Edition" or latest, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right-of-way. 84. The final design of the perimeter landscaping, particularly the perimeter wall, shall be included with the Final Landscape Plan submittal. PUBLIC SERVICES 85. The applicant shall provide public transit improvements if required by SunLine Transit Agency and approved by the City Engineer. PLANNING COMMISSION RESOLUTION 2023-012 EXHIBIT E CONDITIONS OF APPROVAL TENTATIVE TRACT MAP 2021-0004 PROJECT: LA VILLETTA AT AVENUE 58 ADOPTED: JUNE 13, 2023 PAGE 17 OF 17 MAINTENANCE 86. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 87. The applicant shall make provisions for the continuous and perpetual maintenance of perimeter landscaping up to the curb, common areas, access drives, sidewalks, multi -use trail, and stormwater BMPs. FEES AND DEPOSITS 88. 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. PLANNING COMMISSION RESOLUTION 2023-012 EXHIBIT F CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2021-0002 PROJECT: LA VILLETTA AT AVENUE 58 ADOPTED: JUNE 13, 2023 PAGE 1 OF 17 GENERAL The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Conditional Use Permit 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 The Conditional Use Permit shall expire twenty-four (24) months after City Council approval and shall become null and void in accordance with La Quinta Municipal Code Section 9.200.080 unless a building permit has been issued. A time extension may be requested per LQMC Section 9.200.080. 3. 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 Development Division (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Water Quality Management Plan (WQMP) Exemption Form — Whitewater River Region, Improvement Permit) • La Quinta Design and Development Department • Riverside Co. Environmental Health Department • Coachella Valley Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Regional Water Quality Control Board (CRWQCB) • State Water Resources Control Board • SunLine Transit Agency (SunLine) • South Coast Air Quality Management District Coachella Valley (SCAQMD) The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When these requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. 4. Coverage under the State of California General Construction Permit must be obtained by the applicant, who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NOI") and Waste Discharger Identification (WDID) number to the City prior to the issuance of a grading or building permit. 5. 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 PLANNING COMMISSION RESOLUTION 2023-012 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2021-0002 PROJECT: LA VILLETTA AT AVENUE 58 ADOPTED: JUNE 13, 2023 PAGE 2 OF 17 EXHIBIT F No. 457; the California Regional Water Quality Control Board — Colorado River Basin Region Board Order No. R7-2013-0011 and the State Water Resources Control Board's Order No. 2012-0006-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permittee 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.cabm1)handbooks.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. D. 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. E. The inclusion in the Conditions, Covenants, and Restrictions (CC&Rs), a requirement for the perpetual maintenance and operation of all post -construction BMPs as required. 6. 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). 7. CUP2021-0002 shall comply with all applicable conditions and mitigation measures for the following related approvals: • Tentative Tract Map 2021-0004 • Environmental Assessment 2021-0006 • General Plan Amendment 2021-0001 • Zone Change 2021-0001 PLANNING COMMISSION RESOLUTION 2023-012 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2021-0002 PROJECT: LA VILLETTA AT AVENUE 58 ADOPTED: JUNE 13, 2023 PAGE 3 OF 17 EXHIBIT F In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Design and Development Director shall adjudicate the conflict by determining the precedence. 8. 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 affect 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. 9. 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 10. 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. 11. Pursuant to the aforementioned condition, conferred rights shall include approvals from the master developer over easements and other property rights necessary for construction and proper functioning of the proposed development not limited to access rights over proposed and/or existing private streets that access public streets and open space/drainage facilities of the master development. 12. The applicant shall offer for dedication all public street rights -of -way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 13. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Avenue 58 (Secondary Arterial) — The standard 51 feet from the centerline of Avenue 58 to the ultimate developed right of way. 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. PLANNING COMMISSION RESOLUTION 2023-012 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2021-0002 PROJECT: LA VILLETTA AT AVENUE 58 ADOPTED: JUNE 13, 2023 PAGE 4 OF 17 EXHIBIT F 15. 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 flow line shall have a 40-foot travel width. The travel width may be reduced to 32 feet with parking restricted to one side, 28 feet if on -street parking is prohibited, or 24 feet with prohibited on -street parking with approved Planned Unit Development (PUD) provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&Rs. 16. 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. 17. 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. 18. 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. 19. The applicant shall create perimeter landscaping setbacks along all public rights -of -way as follows: A. Avenue 58 (Secondary Arterial) - 10-foot from the R/W-P/L. 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. 20. 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. PLANNING COMMISSION RESOLUTION 2023-012 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2021-0002 PROJECT: LA VILLETTA AT AVENUE 58 ADOPTED: JUNE 13, 2023 PAGE 5 OF 17 EXHIBIT F 21. Direct vehicular access to Avenue 58 is restricted, except for those access points identified on the tentative tract map, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final tract map. 22. 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. 23. 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 24. 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. 25. 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. 26. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS 1) Avenue 58 (Secondary Arterial) a. Widen the south side of the street along all frontage adjacent to the Tentative Map boundary to its ultimate width on the south side as specified in the General Plan and the requirements of these conditions. 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 south curb face shall be located thirty-six feet (36') south of the centerline or as approved by the City Engineer. b. Restripe to provide an eastbound right -turn lane and a westbound left - turn lane at the main project driveway and an eastbound right -turn lane at the emergency access driveway as shown in the Traffic Impact Analysis Report and/or as approved by the City Engineer. PLANNING COMMISSION RESOLUTION 2023-012 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2021-0002 PROJECT: LA VILLETTA AT AVENUE 58 ADOPTED: JUNE 13, 2023 PAGE 6 OF 17 EXHIBIT F Other required improvements in the right-of-way and/or adjacent landscape setback area include: C. All appurtenant components such as, but not limited to curb, gutter, traffic control striping, legends, and signs. d. Multi -Use Path - The applicant shall construct a multi -use path per La Quinta Standard 260 along the south side of Avenue 58 frontage within the landscaped setback. The location and design of the path shall be approved by the City. A split rail fence shall be constructed along the roadway side of the multi -use path in accordance with Section 9.140.060 (Item E, 3a) of the Zoning Ordinance. Bonding for the fence to be installed shall be posted prior to final map approval. The multi -use path and fence shall be maintained by the Developer or project's Homeowner's Association as applicable. The applicant shall extend improvements beyond the project boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). B. PRIVATE STREETS 1) Construct internal streets per the approved lay -out shown on the Tentative Tract map and/or as approved by the City Engineer. Minimum street width measured at gutter flow line to gutter flow line shall have a 40-foot travel width. The travel width may be reduced to 32 feet with parking restricted to one side, 28 feet if on -street parking is prohibited, or 24 feet with prohibited on -street parking with approved Planned Unit Development (PUD). The applicant shall make provisions for perpetual enforcement of the "No Parking" restrictions in the CC&Rs. 2) The location of driveways shall not be located within the curb return and away from intersections, when possible. 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: Parking Lot & Aisles (Low Traffic) Parking Lot & Aisles (High Traffic) Residential Secondary Arterial 3.0" a.c./4.5" c.a.b. 4.5" a.c /5.5" c.a.b. 3.0" a.c./4.5" c.a.b. 4.0" a.c./6.0" c.a.b. or the approved equivalents of alternate materials per the City Engineer. PLANNING COMMISSION RESOLUTION 2023-012 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2021-0002 PROJECT: LA VILLETTA AT AVENUE 58 ADOPTED: JUNE 13, 2023 PAGE 7 OF 17 EXHIBIT F 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. 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 or as approved by the City Engineer. 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. 30. General access points and turning movements of traffic are limited to the following: Avenue 58 (Primary Entry): Full turn movements in and out are allowed. Avenue 58 (Emergency Access): Emergency access only. No public access allowed. Left turns are restricted. 31. 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. 32. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 33. Standard knuckles and corner cut -backs shall conform to Riverside County Standard Drawings #801 and #805, respectively, unless otherwise approved by the City Engineer. PLANNING COMMISSION RESOLUTION 2023-012 EXHIBIT F CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2021-0002 PROJECT: LA VILLETTA AT AVENUE 58 ADOPTED: JUNE 13, 2023 PAGE 8 OF 17 FINAL MAPS 34. Prior to the City's approval of a Final Map, the applicant shall furnish accurate mylars of the Final Map that were approved by the City's map checker on a storage media acceptable to the City Engineer. The Final Map shall be 1" = 40' scale. PARKING 35. The design of parking facilities shall conform to LQMC Chapter 9.150 and in particular the following: A. The parking stall and aisle widths and the double hairpin stripe parking stall design shall conform to LQMC Chapter 9.150. B. Cross slopes should be a maximum of 2% where ADA accessibility is required including accessibility routes between buildings. C. Building access points shall be shown on the Precise Grading Plans to evaluate ADA accessibility issues. D. Accessibility routes to public streets and adjacent development shall be shown on the Precise Grading Plan. E. Parking stall lengths shall be according to LQMC Chapter 9.150 and be a minimum of 17 feet in length with a 2-foot overhang for standard parking stalls and 18 feet with a 2-foot overhang for handicapped parking stall or as approved by the City Engineer. One van accessible handicapped parking stall is required per 8 handicapped parking stalls. Entry drives, main interior circulation routes, corner cutbacks, bus turnouts, dedicated turn lanes, ADA accessibility route to public streets and other features shown on the approved construction plans, may require additional street widths and other improvements as may be determined by the City Engineer. 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. 36. 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). 37. The following improvement plans shall be prepared and submitted for review and approval by the Development Services Division. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless PLANNING COMMISSION RESOLUTION 2023-012 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2021-0002 PROJECT: LA VILLETTA AT AVENUE 58 ADOPTED: JUNE 13, 2023 PAGE 9 OF 17 EXHIBIT F 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. Erosion Control Plan 1" = 40' Horizontal D. Final WQMP (Plan submitted in Report Form) NOTE: A through D to be submitted concurrently. E. Off -Site Street Improvement/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 Precise Grading Plan 1" = 30' Horizontal H. On -Site Street Improvements/Signing & Striping/Storm Drain Plan 1" = 40' Horizontal, 1"= 4' Vertical NOTE: E through H to be submitted concurrently. (Separate Storm Drain Plans if applicable) Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All Off -Site Plan & Profile Street Plans and Signing & Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. All On -Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. PLANNING COMMISSION RESOLUTION 2023-012 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2021-0002 PROJECT: LA VILLETTA AT AVENUE 58 ADOPTED: JUNE 13, 2023 PAGE 10 OF 17 EXHIBIT F "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. "On -Site Precise Grading" plans shall normally include all on -site surface improvements including but not limited to finish grades for curbs & gutters, building floor elevations, wall elevations, parking lot improvements and accessibility requirements. 38. 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 (laquintaca.gov). Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. 39. The applicant shall furnish a complete set of all approved improvement plans on a storage media acceptable to the City Engineer. 40. 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 41. 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. 42. 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). 43. Prior to constructing any off -site improvements, the applicant shall deposit securities equivalent to both a Performance and Labor & Material Bonds each valued at 100% of the cost of the off -site improvements, or as approved by the City Engineer. PLANNING COMMISSION RESOLUTION 2023-012 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2021-0002 PROJECT: LA VILLETTA AT AVENUE 58 ADOPTED: JUNE 13, 2023 PAGE 11 OF 17 EXHIBIT F 44. 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. 45. 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, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer. Improvements and obligations required of each subsequent phase shall either be completed, or secured, 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. 46. 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. 47. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on -site and off -site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule as approved by the City Engineer. PLANNING COMMISSION RESOLUTION 2023-012 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2021-0002 PROJECT: LA VILLETTA AT AVENUE 58 ADOPTED: JUNE 13, 2023 PAGE 12 OF 17 EXHIBIT F 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. 48. 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 49. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 50. 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. 51. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a civil engineer registered in the State of California, B. A preliminary geotechnical ("soils") report prepared by an engineer registered in the State of California, C. A Fugitive Dust Control Plan prepared in accordance with LQMC Chapter 6.16, (Fugitive Dust Control), and D. A Best Management Practices report prepared in accordance with LQMC Sections 8.70.010 and 13.24.170 (NPDES Stormwater Discharge Permit and Storm Management and Discharge Controls). E. Final WQMP prepared by an appropriate 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. 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. PLANNING COMMISSION RESOLUTION 2023-012 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2021-0002 PROJECT: LA VILLETTA AT AVENUE 58 ADOPTED: JUNE 13, 2023 PAGE 13 OF 17 EXHIBIT F 52. 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. 53. 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. 54. 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, or as approved by the City Engineer. 55. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. 56. 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. 57. 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. I)RAINAGF 58. Stormwater handling shall conform with the approved hydrology and drainage report for the Avenue 58 Townhomes project (TTM 37950), or as approved by the City Engineer. Nuisance water shall be disposed of in an approved manner. Nuisance water shall be retained onsite and disposed of via an underground percolation improvement approved by the City Engineer. PLANNING COMMISSION RESOLUTION 2023-012 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2021-0002 PROJECT: LA VILLETTA AT AVENUE 58 ADOPTED: JUNE 13, 2023 PAGE 14 OF 17 EXHIBIT F 59. 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 the 1 hour, 3 hour, 6 hour or 24 hour event producing the greatest total run off. 60. 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. 61. 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. 62. 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. 63. No fence or wall shall be constructed around any retention basin unless approved by the Planning Manager and the City Engineer. 64. 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. 65. 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). 66. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 67. 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. 68. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. PLANNING COMMISSION RESOLUTION 2023-012 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2021-0002 PROJECT: LA VILLETTA AT AVENUE 58 ADOPTED: JUNE 13, 2023 PAGE 15 OF 17 EXHIBIT F 69. The applicant shall comply with applicable provisions for post construction runoff per the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and the California Regional Water Quality Control Board — Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2013-0011. 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 70. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities) 71. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 72. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. The 92 KV transmission power poles and all existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 73. 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. PLANNING COMMISSION RESOLUTION 2023-012 EXHIBIT F CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2021-0002 PROJECT: LA VILLETTA AT AVENUE 58 ADOPTED: JUNE 13, 2023 PAGE 16 OF 17 CONSTRUCTION 74. 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. LANDSCAPE AND IRRIGATION 75. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). 76. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 77. All new and modified 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). 78. Lighting plans shall be submitted with the final landscaping plans for a recommendation to the Planning Manager for his approval. Exterior lighting shall be consistent with LQMC Section 9.100.150 (Outdoor Lighting). All freestanding lighting shall not exceed 18 feet in height and shall be fitted with a visor if deemed necessary by staff to minimize trespass of light off the property. The illuminated carports shall be included in the photometric study as part of the final lighting plan submittal. 79. All water features shall be designed to minimize "splash" and use high efficiency pumps and lighting to the satisfaction of the Community Development Director. They shall be included in the landscape plan water efficiency calculations per Municipal Code Chapter 8.13. 80. All rooftop mechanical equipment shall be completely screened from view. Utility transformers or other ground mounted mechanical equipment shall be fully screened with a screening wall or landscaping and painted to match the adjacent buildings. 81. The applicant shall submit the final landscape plans for review, processing, and approval to the Community Development Department, in accordance with the Final Landscape Plan application process. Planning Manager approval of the final landscape plans is required prior to issuance of the first building permit unless the Planning Manager determines extenuating circumstances exist which justifies an alternative processing schedule. NOTE: Plans are not approved for construction until signed by the appropriate City official, including the Planning Manager and/or City Engineer. PLANNING COMMISSION RESOLUTION 2023-012 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2021-0002 PROJECT: LA VILLETTA AT AVENUE 58 ADOPTED: JUNE 13, 2023 PAGE 17 OF 17 EXHIBIT F 82. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the AASHTO "A Policy on Geometric Design of Highways and Streets, 5th Edition" or latest, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right-of-way. 83. The final design of the perimeter landscaping, particularly the perimeter wall, shall be included with the Final Landscape Plan submittal. PLANNING 84. Architectural styles shall vary throughout the site. Similar architectural styles shall not be plotted on adjacent lots or across the street from one another to the extent possible. 85. Enhanced elevations shall be used for all outside perimeter lots. PUBLIC SERVICES 86. The applicant shall provide public transit improvements if required by SunLine Transit Agency and approved by the City Engineer. MAINTENANCE 87. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 88. The applicant shall make provisions for the continuous and perpetual maintenance of perimeter landscaping up to the curb, common areas, access drives, sidewalks, multi -use trail, and stormwater BMPs. FEES AND DEPOSITS 89. 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. PLANNING COMMISSION 90. Prior to the City Council meeting the applicant shall increase the minimum front yard setback in the PUD from zero feet to three feet to accommodate the driveways and landscape areas.