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CC Resolution 2003-050RESOLUTION NO. 2003-050 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE SUBDIVISION OF ±79.21 ACRES INTO 201 NUMBERED LOTS AND 26 LETTERED LOTS CASE NO.: TENTATIVE TRACT MAP 31202 APPLICANT: DESERT ELITE WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 10th day of June, 2003 hold a duly noticed Public Hearing to consider a request by Desert Elite for approval of a Tentative Tract Map to subdivide ±79.21 acres into 201 numbered lots and 26 lettered lots, generally located at the southwest corner of Avenue 52 and Monroe Street, more particularly described as follows: APNs: 767-200-004 and 767-200-- 005. 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 mandatory findings to adopt Resolution 2003-040 recommending the City Council approve Tentative Tract Map 31202: WHEREAS, said Tentative Tract Map application has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-68), in that the Community Development Department has conducted an Initial Study (Environmental Assessment 2003-472), and determined that the proposed Tentative Tract Map will not have a significant impact on the environment and a Mitigated Negative Declaration of environmental impact has been certified; and WHEREAS, the City Council of the City of La Quinta, California, did, on the 1 st day of July, 2003 hold a duly noticed Public Hearing to consider a request by Desert Elite for approval of a Tentative Tract Map to subdivide ±79.21 acres into 201 numbered lots and 26 lettered lots; WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings approving said Tentative Tract Map 31202: 1. Consistency with the General Plan: The property is designated for Low Density Residential uses on the General Plan Land Use Map. The project is consistent with the goals, policies and intent of the General Plan insofar as low density residential with equestrian amenities is consistent with the land use designation of the City. Resolution No. 2003-050 TTM 31202 / Desert Elite, Inc. Adopted: July 1, 2003 Page 2 2. Consistency with the Zoning Code: With the Specific Plan, the proposed project is consistent with the development standards of the Low Density (Agriculture/Equestrian Overlay) Residential Zoning District, including, but not limited to, setbacks, architecture, building heights, building mass, exterior lighting, parking, circulation, open space and landscaping. 3. Compliance with the California Environmental Quality Act (CEQA): The design of the subdivision and the proposed improvements are not likely to either cause substantial environmental damage or substantially injure fish and wildlife or their habitat. The proposed project is consistent with the requirements of CEQA, in that Environmental Assessment 2003-472 was prepared for this project with a recommendation for certification of a Mitigated Negative Declaration of environmental impact. Mitigation measures are included in the Mitigated Negative Declaration that reduces impacts to less than significant levels. 4. Design Improvements: The design of the subdivision and/or the type of improvements are not likely to cause serious public health problems in that the site is physically suitable for the subdivision. Infrastructure improvements (water, sewer, gas, electricity, etc.) will serve the site as required. 5. Easements/Access: The design of the subdivision will not conflict with the easements, acquired by the public at large, for access through, or use of property, within the proposed subdivision in that adequate roadways will be provided to meet the intent of the Circulation Element of the General Plan. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council for this Tentative Tract Map; PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 1 st day of July, 2003, by the following vote, to wit: AYES: Council Members Henderson, Sniff, Mayor Adolph NOES: Council Members Osborne, Perkins ABSENT: None ABSTAIN: None Resolution No. 2003-050 TTM 31202 / Desert Elite, Inc. Adopted: July 1, 2003 Page 3 w I -- _4 DON AD PH, Wyor City of La Quinta, California ATTEST: J GREEK, CIVIC, Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: M. KAT ERINE JENSO ity Attor-n City of La Quinta, California CITY COUNCIL RESOLUTION NO. 2003-050 CONDITIONS OF APPROVAL — FINAL TENTATIVE TRACT MAP 31202 DESERT ELITE — RANCHO SANTANA ADOPTED: JULY 1, 2003 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Tract Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Tentative Tract Map, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 3. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain the necessary clearances and/or permits from the following agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Coachella Valley Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. Resolution No. 2003-050 Conditions of Approval - Final Desert Site - Rancho Santana Adopted: July 1, 2003 Page 2 4. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08-DWQ . A. For construction activities including clearing, grading or excavation of land that disturbs five (5) acres or more of land, or that disturbs less than five (5) acres of land, but which is a part of a construction project that encompasses more than five (5) acres of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. 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. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC): 1. Temporary Soil Stabilization (erosion control). 2. Temporary Sediment Control. 3. Wind Erosion Control. 4. Tracking Control. 5. Non -Storm Water Management. 6. Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. 5. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). Resolution No. 2003-050 Conditions of Approval - Final Desert Site - Rancho Santana Adopted: July 1, 2003 Page 3 PROPERTY RIGHTS 6. 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. 7. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Avenue 52 (Primary Arterial - A) — The standard 55 feet from the centerline of Avenue 52 for a total 110-foot ultimate developed right of way except for an additional right of way dedication for a dual left turn lane (12 feet each, 24 feet total; length to be determined by a traffic study), two through eastbound lanes 0 2 feet each, 24 feet total), a 8-foot bike lane, and a deceleration/right turn only lane (12 feet wide and 100 feet long) at the intersection. The right of way dedication shall be 63 feet from the centerline and 100 feet long plus a variable dedication of an additional 50 feet to accommodate the curb transition of the deceleration/right turn only lane. Monroe Street (Primary Arterial — A) - 55 feet from the centerline of Monroe Street for a total 1 10- foot ultimate developed right of way; additional 25 foot dedication will be required measured from the existing 30 foot right of way along Monroe Street. 8. The applicant shall retain for private use on the Final Map all private street right- of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 9. The private street right-of-ways to be retained for private use required for this development include: Resolution No. 2003-050 Conditions of Approval - Final Desert Site - Rancho Santana Adopted: July 1, 2003 Page 4 A. PRIVATE STREETS 1) Streets "A" through "L" - All onsite streets, except in the entry gate area, shall have right of way retained to accommodate a 36- foot travel width (measured at the gutter flow line) plus additional width to the back of the approved curb design. In the entry gate area, the right of way width shall be wider and adjusted as needed to accommodate the median islands and travel way. Alternatively, the applicant may construct the narrower street that is detailed on the tentative map if the applicant records a no on -street parking requirement in the property CC&R's. The no -street parking requirement shall be enforced by the HOA which may accommodate occasional short interval parking via HOA issued permits and other specific short term parking needs the HOA deems appropriate to accommodate without a permit. 10. Right-of-way geometry for standard knuckles and property line corner cut -backs at curb returns shall conform to Riverside County Standard Drawings #801, and #805, respectively, unless otherwise approved by the City Engineer. 11. 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. 12. When the City Engineer determines that access rights to the proposed street right-of-ways shown on the approved Tentative Tract Map are necessary prior to approval of the Final Map dedicating such right-of-ways, the applicant shall grant the necessary right-of-ways within 60 days of a written request by the City. 13. 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. 14. The applicant shall create perimeter landscaping setbacks along all public right- of-ways as follows: A. Avenue 52 and Monroe Street (Primary Arterial) - 20-foot from the R/W- P/L. Resolution No. 2003-050 Conditions of Approval -Final Desert Elite - Rancho Santana Adopted: July 1, 2003 Page 5 The listed setback depth shall be the average depth where a meandering wall design is approved. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 15. 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. 16. Direct vehicular access to Avenue 52 and Monroe Street from any portion of the site from frontage along Avenue 52 and Monroe Street are 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. 17. 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. 18. When an applicant proposes the vacation, or abandonment, of any existing right-of-way, or access easement, the recordation of the tract map is subject to the Applicant providing an alternate right-of-way or access easement, to those properties, or notarized letters of consent from the affected property owners. 19. 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. Resolution No. 2003-050 Conditions of Approval -Final Desert Elite - Rancho Santana Adopted: July 1, 2003 Page 6 FINAL MAPS 20. Prior to the City's approval of a Final Map, the applicant shall furnish accurate AutoCAD files of the Final Map that was approved by the City's map checker on a storage media acceptable to the City Engineer. Such files shall be in a standard AutoCAD format so as to be fully retrievable into a basic AutoCAD program. Where a Final Map was not produced in an AutoCAD format, or produced in a file that can be converted to an AutoCAD format, the City Engineer will accept a raster -image file of such Final Map. 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. 21. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of Section 13.24.040 (Improvement Plans), LQMC. 22. The following improvement plans shall be prepared and submitted for review and approval by the City. 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. Off -Site Street Plan: 1 if = 40' Horizontal, 1 " = 4' Vertical The street improvement plans shall include permanent traffic control and 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. B. Off -Site Street Median Landscape Plan: ill = 20' Horizontal C. Perimeter Landscape Plan: lit = 20' Horizontal D. On -Site Street Plan 1 " = 40' Horizontal Resolution No. 2003-050 Conditions of Approval - Final Desert Elite - Rancho Santana Adopted: July 1, 2003 Page 7 E. On -Site Rough Grading/Drainage Plan: 1" = 40' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. 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. "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. In addition to the normal set of improvement plans, a "Site Development" plan are required to be submitted for approval by the Building Official and the City Engineer. "Site Development" plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and ADA requirements. 23. The City maintains standard plans, detail sheets and/or construction notes for elements of construction. For a fee, established by City Resolution, the applicant may purchase such standard plans, detail sheets and/or construction notes from the City. 24. The applicant shall furnish a complete set of the AutoCAD files of all approved improvement plans on a storage media acceptable to the City Engineer. The files shall be saved in a standard AutoCAD format so they may be fully retrievable through a basic AutoCAD program. At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the AutoCAD files in order to reflect the as -built conditions. Where the improvement plans were not produced in a standard AutoCAD format, or a file format that can be converted to an AutoCAD format, the City Engineer will accept raster -image files of the plans. Resolution No. 2003-050 Conditions of Approval - Final Desert Elite - Rancho Santana Adopted: July 1, 2003 Page a IMPROVEMENT SECURITY AGREEMENTS 25. 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. 26. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Tract Map, shall comply with the provisions of Chapter 13.28 (Improvement Security), LQMC. 27. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. When improvements are phased through a "Phasing Plan," or an administrative approval (e.g., Site, Development Permits), all off -site improvements and common on -site improvements (e.g., backbone utilities, retention basins, perimeter walls, landscaping and gates) shall be constructed, or secured through a SIA, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer. Prior to issuance of the first Certificate of Occupancy, the applicant shall complete the perimeter walls, landscaping and gates. Improvements and obligations required of each subsequent phase shall either be completed, or secured through a SIA, prior to the completion of homes or the occupancy of permanent buildings within such latter phase, or as otherwise approved by the City Engineer. In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. Resolution No. 2003-050 Conditions of Approval - Final Desert Elite - Rancho Santana Adopted: July 1, 2003 Page 9 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:(1) construct certain off -site improvements, (2) construct additional off -site improvements, subject to the reimbursement of its costs by others, (3) reimburse others for those improvements previously constructed that are considered to be an obligation of this tentative tract map by others, or (4) to agree to any combination of these means, as the City may require. 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. 28. 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 adopted by City resolution, or ordinance. For items not listed in the City's unit cost schedule, the proposed unit costs shall be approved by the City Engineer. At the time the applicant submits its detailed construction cost estimates for conditional approval of the Final Map by the City Council, the applicant shall also submit one copy each of an 8-1 /2" x 11 " reduction of each page of the Final Map, along with a copy of an 8-1 /2" x 11 " Vicinity Map. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. GRADING 29. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. Resolution No. 2003-060 Conditions of Approval - Final Desert Site - Rancho Santana Adopted: July 1, 2003 Page 10 30. 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. 31. 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 qualified engineer or architect, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC, and D. A Best Management Practices report prepared in accordance with Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), LQMC. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 32. 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. 33. 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 requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (ie 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 (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 Resolution No. 2003-050 Conditions of Approval - Final Desert Elite - Rancho Santana Adopted: July 1, 2003 Page 11 curb shall be depressed one and one-half inches (1.5") in the first eighteen inches 0 8") behind the curb. 34. 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. 35. Building pad elevations of perimeter lots shall not differ by more that one foot from the building pads in adjacent developments. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring - owner dissatisfaction with the grade differential. 36. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus three tenths of a foot from the elevations shown on the approved Tentative Tract Map, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 37. 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. 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 38. The applicant shall comply with the provisions of Section 13.24.120 (Drainage), LQMC, Engineering Bulletin No. 97.03. 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 tributary drainage area shall extend to the centerline of adjacent public streets. The design storm shall be either the 3 hour, 6 hour or 24 hour event producing the greatest total run off. 39. 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. Resolution No. 2003-050 Conditions of Approval - Final Desert Elite - Rancho Santana Adopted: July 1, 2003 Page 12 40. Nuisance water shall be retained on site. In residential developments, nuisance water shall be disposed of in a trickling sand filter and leach field approved by the City Engineer. The sand filter and leach field shall be designed to contain surges of up to 3 gph/1,000 sq. ft. of landscape area, and infiltrate 5 gpd/1,000 sq. ft. 41. 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. 42. No fence or wall shall be constructed around any retention basin unless approved by the Community Development Director and the City Engineer. 43. For on -site common retention basins, retention depth shall be according to Engineering Bulletin 97.03, and side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. 44. 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 Section 9.100.040(B)(7), LQMC. 45. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 46. 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. 47. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 48. When an applicant proposes discharge of storm water directly, or indirectly, into the Coachella Valley Stormwater Channel, the applicant shall indemnify the City from the costs of any sampling and testing of the development's drainage discharge which may be required under the City's NPDES Permit or other City - or area -wide pollution prevention program, and for any other obligations and/or expenses which may arise from such discharge. The indemnification shall be Resolution No. 2003-050 Conditions of Approval -Final Desert Elite - Rancho Santana Adopted: July 1, 2003 Page 13 executed and furnished to the City prior to the issuance of any grading, construction or building permit, and shall be binding on all heirs, executors, administrators, assigns, and successors in interest in the land within this tentative parcel map excepting there from those portions required to be dedicated or deeded for public use. The form of the indemnification shall be acceptable to the City Attorney. If such discharge is approved for this development, the applicant shall make provisions in the final development CC&Rs for meeting these potential obligations. UTILITIES 49. The applicant shall comply with the provisions of Section 13.24.1 10 (Utilities), LQMC. 50. 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. 51. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 52. 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. STREET AND TRAFFIC IMPROVEMENTS 53. The applicant shall comply with the provisions of Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties And Development), LQMC for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. Resolution No. 2003-050 Conditions of Approval - Final Desert Elite - Rancho Santana Adopted: July 1, 2003 Page 14 54. 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. 55. 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 52 (Primary Arterial - A): The standard 55 feet from the centerline of Avenue 52 for a total 110 foot ultimate developed right of way, except for an additional right of way dedication at the Monroe Street intersection of 64 feet from the centerline and 100 feet long plus a variable dedication of an additional 50 feet to accommodate improvements conditioned under Street and Traffic Improvements. Widen the south side of the street along the Tentative Tract boundary to its ultimate half street width specified in the General Plan and requirements of these conditions listed below. 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. Street widening improvements shall include all appurtenant components such as, but not limited to, curb, gutter, traffic control striping, legends, and signs, except for street lights. Construct a 66-foot roadway intersection improvements (4-foot median nose, travel width to include two 10-foot left turn lanes, two 12-foot eastbound through lanes, 8-foot bike lane and 10-foot deceleration/right turn only lane, excluding curbs). Construct half width of an 18-foot wide raised landscaped median along the entire boundary of the Tentative Tract Map plus variable width as needed to accommodate a dual left turn pocket for the eastbound traffic at Avenue 52 and a left turn in only lane at the main entry. The curb on the existing centerline shall be Portland Cement Concrete. Resolution No. 2003-050 Conditions of Approval - Final Desert Elite - Rancho Santana Adopted: July 1, 2003 Page 15 Construct a 6-foot meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that either touches the back of curb or approaches within five feet of the curb at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet, and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into landscape setback lot and approach within 2 feet of the proposed multi -purpose trail. Construct a 10-foot multi -purpose trail as approved by the City Engineer. Applicant is responsible for 25% of the cost to design and install the traffic signal at the Avenue 52 and Monroe Street intersection. This condition will be waived by the City if the developer submits a traffic signal warrant study that demonstrates the subject intersection will not meet warrants for a signal, under future community build -out conditions, as a result of traffic generated by this development. The north side of Avenue 52 is located in the City of Indio. The applicant shall install the following improvements north of the Avenue 52 centerline as required by the City of Indio to mitigate impacts caused by the installation of the raised median: a. Paint a yellow line with raised pavement markers seven (7) feet north of the centerline and install raised pavement markers. b. Widen the north side of the street seven (7) feet to mitigate the lost pavement width used to complete the painted median on the north side. C. Install large radius driveway connections as needed to mitigate the reduced turning radius caused by the raised median. The large radius connection provides an alternative means for the tractor/pickup-trailer combinations to complete the turn as they access properties on the north side of the street. Resolution No. 2003-050 Conditions of Approval - Final Desert Elite - Rancho Santana Adopted: July 1, 2003 Page 16 d. Install left turn restrictor component of raised median island as needed at median openings where turning restrictions are required. In the event the applicant is unable to obtain the necessary approvals and or encroachments from the City of Indio, the applicant shall not construct improvements a through d of the above -listed paragraph as well as half width of an 18-foot wide raised landscaped median along the entire boundary of the Tentative Tract Map plus variable width as needed to accommodate a dual left turn pocket for the eastbound traffic at Avenue 52 and a left turn in only lane at the main entry. However, the applicant shall post financial assurances in a manner prescribed and approved by the City Attorney for the construction of half width of an 18-foot wide raised landscaped median along the entire boundary of the Tentative Tract Map plus variable width as needed to accommodate a dual left turn pocket for the eastbound traffic at Avenue 52 and a left turn in only lane at the main entry. 2) Monroe Street (Primary Arterial; 1 10' R/W): Widen the west side of the street along the Tentative Tract boundary to its ultimate half street width specified in the General Plan and requirements of these conditions listed below. 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. Street widening improvements shall include all appurtenant components such as, but not limited to, curb, gutter, traffic control striping, legends, and signs, except for street lights. Construct 34-foot roadway improvements to comply with the General Plan (travel way, excluding curbs). Construct half width of an 18-foot wide raised landscaped median along the entire boundary of the Tentative Tract Map plus variable width as needed to accommodate a dual left turn pocket for the westbound traffic at Avenue 52 and full movements at the entry. The curb on the existing centerline shall be asphalt concrete. Resolution No. 2003-050 Conditions of Approval - Final Desert Ellte - Rancho Santana Adopted: July 1, 2003 Page 17 Construct a 6-foot meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that either touches the back of curb or approaches within five feet of the curb at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet, and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into landscape setback lot and approach within 2 feet of the proposed multi -purpose trail. Construct a 10-foot multi -purpose trail as approved by the City Engineer. The applicant shall install a traffic signal at the project's entry on Monroe Street when warrants are met. Applicant is responsible for 50 % of the cost to design and install the traffic signal if complementing cost share from development on the other side of street is available at time the signal is required. Applicant shall enter into an improvement agreement and post security for 100% of the cost to design and install the traffic signal prior to issuance of an on -site grading permit; the security shall remain in full force and effect until the signal is actually installed by the applicant or the developer on the other side of the street. If the land on the other side of the street does not have an approved project connecting to the subject intersection, the applicant shall pay 100% of the cost to design and install the signalization for the resulting "T" intersection. If, however, the applicant's development trails the progress of the development on the other side of the street, the applicant shall be responsible for 50% of the cost as previously stated. B) PRIVATE STREETS 1. Construct full 36-foot wide travel width improvements as shown on the tentative map measured from gutter flow line to gutter flow line within the approved right-of-way where the residential streets are double loaded. Alternatively, the applicant may construct the narrower street that is detailed on the tentative map if the applicant records a no on -street parking requirement in the property CC&R's. The no -street parking requirement shall be Resolution No. 2003-050 Conditions of Approval - Final Desert Elite - Rancho Santana Adopted: July 1, 2003 Page 18 enforced by the HOA which may accommodate occasional short interval parking via HOA issued permits and other specific short term parking needs the HOA deems appropriate to accommodate without a permit. 56. All gated entries shall provide for a two -car minimum stacking capacity for inbound traffic; and shall provide for a full turn -around outlet for non -accepted vehicles.) Where a gated entry is proposed, the applicant shall submit a detailed exhibit at a scale of 1 " = 10', demonstrating that those passenger vehicles that do not gain entry into the development can safely make a "U" Turn back out onto the main street from the gated entry. 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. 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. 57. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Residential Primary Arterial 3.0" a.c./4.50" c.a.b. 4.5" a.c./6.00" c.a.b. or the approved equivalents of alternate materials. 58. 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. Resolution No. 2003-050 Conditions of Approval - Final Desert Elite - Rancho Santana Adopted: July 1, 2003 Page 19 59. General access points and turning movements of traffic are limited to the following: A. Avenue 52 Primary Entry (approximately 1200 feet west of Monroe Street): right turn in, right turn out, and left turn in from Avenue 52 into the site. Left turn out from the entry is prohibited. The left turn out prohibition will be waived if the property owner on the north side of Avenue 52 revises the onsite traffic circulation system on the north side to eliminate the full turn access located 1,950 feet west of Monroe Street, provided the City of Indio consents to the revised circulation system. B. Avenue 52 Secondary Entry (emergency access) (west end of the Tentative Tract Map): right turn in and right turn out. Left turn out and left turn in are prohibited. C. Monroe Street (Located approximately 1,200 feet south of Avenue 52): Full turn movement is allowed. D. In addition to the allowable turning movements and restrictions noted in paragraphs A, B, & D, the Avenue 52 median shall accommodate the following turning movements serving properties on the north side of the street located in the City of Indio: 1.) Full -turn access serving the multi -purpose property where it connects to Avenue 52 one thousand non -hundred fifty (1,950) feet west of Monroe Street; and 2.) Left turn only into the property (no left turn out) where it connects to Avenue 52, seven hundred twenty (720) feet west of Monroe Street. 60. 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. 61. 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. Resolution No. 2003-050 Conditions of Approval - Final Desert Site - Rancho Santana Adopted: July 1, 2003 Page 20 62. Standard knuckles and corner cut -backs shall conform to Riverside County Standard Drawings #801 and #805, respectively, unless otherwise approved by the City Engineer. 63. The applicant shall extend improvements beyond the subdivision boundaries to ensure they safely integrate with existing improvements. CONSTRUCTION 64. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. LANDSCAPING 65. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 66. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 67. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. The applicant shall submit the landscape plans for approval by the Community Development Department (CDD), prior to plan checking by the Public Works Department. When plan checking has been completed by CDD, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the City Engineer. NOTE: Plans are not approved for construction until signed by the City Engineer. 68. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 18 inches of curbs along public streets. Resolution No. 2003-050 Conditions of Approval - Final Desert Elite - Rancho Santana Adopted: July 1, 2003 Page 21 69. Front yard landscaping shall consist of two trees (i.e., a minimum 1.5 inch caliper measured three feet up from grade level after planting), ten 5-gallon shrubs, and groundcover. Palm trees may count as a shade tree if the trunk is six feet tall. Double lodge poles (two-inch diameter) shall be used to stake trees. All shrubs and trees shall be irrigated by bubbler or emitters. To encourage water conservation, no more than 50% of the front yard landscaping shall be devoted to turf. Future home buyers shall be offered an option to have no turf areas in their front yard through the use of desertscape materials. 70. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 18 inches of street curbs. 71. Once the trees have been delivered to the site for installation, a field inspection by the Community Development Department is required before planting to insure they meet minimum size and caliper requirements. 72. Prior to issuance of the first Certificate of Occupancy, the applicant shall complete the parkway landscaping along Avenue 52. The perimeter walls and gates shall be completed with the first phase of development. PUBLIC SERVICES 73. The applicant shall provide public transit improvements as required by SunLine Transit Agency and approved by the City Engineer. QUALITY ASSURANCE 74. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 75. The applicant shall employ, or retain, qualified engineers, surveyors, and such other appropriate professionals as are required to provide the expertise with which to prepare and sign accurate record drawings, and to provide adequate construction supervision. 76. The applicant shall arrange for, and bear the cost of, all measurements, sampling and testing procedures not included in the City's inspection program, but which may be required by the City, as evidence that the construction materials and methods employed comply with the plans, specifications and other applicable regulations. Resolution No. 2003-050 Conditions of Approval - Final Desert Elite - Rancho Santana Adopted: July 1, 2003 Page 22 77. Upon completion of construction, 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," "As -Built" or "As -Constructed" 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 AutoCAD or raster -image files previously submitted to the City, revised to reflect the as -built conditions. MAINTENANCE 78. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 79. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. FEES AND DEPOSITS 80. The applicant shall comply with the provisions of Section 13.24.180 (Fees and Deposits), LQMC. These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 81. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). MISCELLANEOUS 82. Within 24 hours after review by the City Council, the property owner/developer shall submit to the Community Development Department a check made out to the County of Riverside in the amount of $64.00 to permit the filing and posting of the Notice of Determination for EA 2003-472 as required by the California Environmental Quality Act. 83. Prior to issuance of a Site Development Permit, the final Conditions of Approval shall be incorporated in the Final Specific Plan document. Applicant shall work with staff to correct internal document inconsistencies prior to final publication of five copies of the Specific Plan document. Resolution No. 2003-050 Conditions of Approval - Final Desert Elite - Rancho Santana Adopted: July 1, 2003 Page 23 84. The applicant shall switch Lot 98 and Lot "L", as shown on Exhibit "A". 85. The applicant shall notify, in the disclosure documents, all property owners immediately adjacent to well sites regarding their impacts (e.g. noise). ENVIRONMENTAL 86. Prior to the issuance of a grading permit, building permit or any earth moving activities for the project allowed in this specific plan, whichever comes first, the property owner/developer shall prepare and submit a written report to the Community Development Department demonstrating compliance with those mitigation measures of Environmental Assessment 2003-472. FIRE DEPARTMENT 87. For residential areas, approved standard fire hydrants, located at each intersection and spaced 330 feet apart with no portion of any lot frontage more than 165 feet from a hydrant. Minimum fire flow shall be 1000 GPM for a two hour duration at 20 PSI. 88. Blue dot retro-reflectors shall be placed in the street eight inches from centerline to the side that the fire hydrant is on, to identify fire hydrant locations. 89. Any turns require a minimum 38 foot turning radius. 90. All structures shall be accessible from an approved roadway to within 150 feet of all portions of the exterior of the first floor 91. Any roads exceeding 1320 feet must provide for secondary access/egress. Access, may be restricted to emergency vehicles only, however public egress must be unrestricted. . 92. The minimum dimension for access roads and gates is 20 feet clear and unobstructed width and a minimum vertical clearance of 13 feet 6 inches in height. 93. Any gate providing access from a public roadway to a private entry roadway shall be located at least 35 feet setback from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Where a one- way road with a single traffic lane provides access to a gate entrance, a 38-foot turning radius shall be used. Resolution No. 2003-050 Conditions of Approval - Final Desert Elite - Rancho Santana Adopted: July 1, 2003 Page 24 94. Gates shall be automatic, minimum 20 feet in width and shall be equipped with a rapid entry system (KNOX). Plans shall be submitted to the Fire Department for approval prior to installation. Automatic gate pins shall be rated with a shear pin force, not to exceed 30 pounds. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. 95. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. Two sets of water plans are to be submitted to the Fire Department approval. 96. The applicant or developer shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or signs.