Loading...
CC Resolution 2006-037RESOLUTION NO. 2006-037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE SUBDIVISION OF 3.14 ACRES INTO NINE RESIDENTIAL LOTS AND MISCELLANEOUS LOTS CASE NO. TENTATIVE TRACT 34185 APPLICANT SIENNA CORPORATION WHEREAS, The City Council of the. City of La Qui.nta, . California; did on the 18t`' day of April, 2006, hold a duly noticed Public Hearing, continued from. the 7tn day of March, to consider the request of the Sienna. Corporation for the subdivision. of 3. 4 .acres into ten single-family residential Lots and other miscellaneous, lots, located 425 ± feet west of Jefferson Street along the north bank of the CVWD Stormwater Channel., south of Fiesta Drive accessed from Hummingbird Lane, more particularly described as: APN 649-020-072 and 649-063-009 WHEREAS, said Tentative Tract Map has been determined by the La Quinta Community Development Department to be exempt from the requirements of "The Rules to . Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63), pursuant to Section 15332, and has thus prepared a Notice of Exemption in compliance with the requirements of the California Environmental Quality Act of 1970, as amended. The project has been determined to be a Class 32 infill project, as it is Less than five acres in size and is located within existing subdivided urban land; and, WHEREAS, the City Council at its March 7:, 2006 meeting directed staff and the applicant to evaluate. alternative subdivision designs; and WHEREAS, the applicant and staff have evaluated : such alternative subdivision designs and it. has been determined by the City Council that any alternative subdivision designs are technically infeasible; and WHEREAS, at said Public Hearings, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following Mandatory Findings of Approval to justify approval of said Tentative Tract Map 34185: - Resolution No. 2006-037 Tentative Tract Map 34185 Sienna Corporation Approved: April 1812006 Page 2 1 The Tentative. Tract Map is consistent with the City of La Quinta General Plan in that. the property is designated Low Density.. Residential (LDR), which allows single-family residential uses. 2. - The Tentative Tract Map and its improvement and design are consistent with the General Plan in that its street design and lots are in conformance with applicable goals, policies, and development standards, such as lot size, and will provide, adequate infrastructure and public utilities. 3: The design of the :subdivision and its proposed improvements are not likely to create environmental damage :or. substantially and avoidably injure wildlife or their habitat, as the project is located within existing subdivided land .and has been determined to be an urban inf ill project of less than five acres. .4.. The design of the subdivision -and type of improvements are not likely to cause serious public health problems in that the project will be conditioned to provide a safe environment for the public. 5. Unless the project is reduced by one residential lot from among Tract Lots 1 through 7, the project shall have an adverse impact on the public health and safety.. Specifically, the project as proposed with ten residential Lots would be inconsistent with the character of the surrounding community in that there would be building massing along lot boundaries that would be out. of character with the massing in the surrounding community. The lots proposed for project Tract Lots 1 through 7 aresignificantly smaller and are not within the character of the abutting properties on Hummingbird Lane. Unless one lot is removed, the Planning Commission concluded that this disparity in the size of abutting lots conflicts with Section 9.10.010 of the Municipal Code which provides that the objectives of the Zoning Code include establishing "conditions which allow various types of land uses to exist in harmony and to promote the. stability of existing land uses by protecting them" and "to prevent undue intensity of land use or development" . Furthermore, the RL :zoning designation is specifically intended for the "preservation of low density neighborhoods"; permitting smaller lots along the boundary of larger. existing residential' lots does not preserve the low density character of the existing development. As permitted by Section 9.10.040 of the Zoning Code, the City "reserves the right to limit projects to intensities below the General Plan's upper limits." Unless one lot is removed, the lot size and massing proposed by the project may also lead to a visual incompatibility with the. abutting properties. With the removal of one lot, the design of the. subdivision is not likely to cause serious public health problems. Resohition No. 2006-037 Tentative Tract Map. 34185 Sienna Corporation Approved: Aprii 181 2006 Page 3 6. There is no other feasible method to mitigate or avoid the impact identified in Finding No. 3 other than by removing one lot in Tract Lots 1. through.7 because the compatibility with the adjacent property can,only be achieved by increasing the lot size among the lots abutting the Hummingbird Lane properties. Thus, in order to achieve continuity with the existing neighborhood and specifically with those existing lots on Hummingbird Lane, it is necessary to remove one lot among Tract Lots 1 through 7. 7. The design 'of the. revised subdivision and the proposed types of. improvements will not conflict with easements acquired. by the public at large, for access through. or use of the property within the subdivision in that none presently exist and access is provided within the project and to adjacent public streets. 8. The findings made in this Resolution are supported by substantial evidence in the record, including the testimony. received at public hearings, the staff presentations, the staff reports, all material in the project files, and the written correspondence and telephone messages left. by area residents. There. is no other evidence that amounts to "substantial evidence," nor are there other facts that detract from the findings made in this Resolution and the City Council expressly declares .that it considered all evidence presented to it and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED by the Honorable City Council of the City of La Quinta, California as follows: 1 That the above recitations are true and constitute the findings of the City Council in this case; 2. That the City Council does hereby approve Tentative. Tract Map 34185 for the reasons set forth in this Resolution, subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 18" day of April, 2006, by the following vote, to wit: City of. La Quinta, Caiifiornia CITY COUNCIL RESOLUTION NO. 2006-037 CONDITIONS OF APPROVAL — FINAL TENTATIVE TRACT MAP 34185 SIENNA CORPORATION ADOPTED: APRIL 18, 2006 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 any 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 • Desert Sands Unified School District • Coachella Valley Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency • South Coast Air Quality Management District Coachella Valley (SCAQMDCV) Resolution No. 2006-037 Conditions of Approval - FINAL Tentative Tract Map 34185 Sienna Corporation April 18, 2006 Page 2 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. A project -specific NPDES construction permit must be obtained by the applicant; and who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NOI"), prior to the issuance of a grading or site construction permit by the City. 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 one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). 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'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. Resolution No. 2006-037 Conditions of Approval FINAL Tentative Tract Map 3418.5 .Sienna Corporation April 18, 2006 Page 3 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). 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 applicant shall offer for dedication on the Final Map all public street right-of- ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 8. The public `street right-of-way offers, for dedication required for this development include: A. PUBLIC STREETS 1) Hummingbird Lane (Cul-de-sac, 50' ROW) The applicant may be required to dedicate right of way at the private road intersection to Hummingbird Lane as required by the City Engineer. 9. The applicant shall retain for private use on the Final Map all private street right- of-ways in conformance with the City Is General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. Resolution No. 2006-037 Conditions of Approval - FINAL .Tentative Tract Map 34185 Sienna Corporation April 18, 2006 Page 4 1.0... The private street right. -of -ways to be retained for private use required for this development include: A. PRIVATE STREETS 1) Property line shall be placed at the. back of curb sim.ilar to the Tay out shown on the. tentative map and the typical street section shown in the to tative map. 2) Private Residential Streets measured. at gutter flow line to flow line to be 28 feet of travel width as shown on the tentative tract map if on -street parking is prohibited; and 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&R's. The applicant shall establish provisions identifying the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Public Works Department prior to recordation and concurrent with finalizing the tract map. B. CUL DE SACS 1) The cul de sac shall conform to the shape shown .on the tentative map with.a 38-foot curb radius at the bulb or larger as shown on the tentative map. C. Dead End Street 1) The dead end street shall be redesigned to accommodate U-turn vehicular movement as required by the City. Engineer. Curve radii for curbs at all street intersections shall not be less than 25 feet. 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. Resolution No. 2006-037 Conditions of Approval = FINAL. Tentative Tract Map 34185 Sienna. Corporation April 18, 2006 Page 5 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 with the express written approval of. IID, 14. Direct vehicular access to Hummingbird Lane from lots with frontage along Hummingbird Lane 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.. 15. 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. 16. The applicant shall cause no easement to be granted, 'or recorded, over any portion of the subject property between the date of approval of. the Tentative Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. FINAL MAPS 17. Prior to the City 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. The Final Map shall be of a 1 = 40' scale. Resolution No. 2006-037 Conditions of Approval FINAL Tentative Tract Map 34185 Sienna Corporation April 18, 2006 Page 6 IMPROVEMENT PLANS As used throughout. these, Conditions of Approval, professional titles such as "en.gineer," "surveyor," and "architect," refer to persons currently certified. or licensed to practice their. respective professions in the State.of California. 18. 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. 19. The <following improvement plans :sha11 be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note the applicant maybe. 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 (Revisions) 1 " = 40' Horizontal B. PM 10 Plan 1 40' Horizontal C. SWPPP 1" = 40' Horizontal NOTE: A through C to be submitted concurrently. D. On -Site Street Improvements/Signing & Striping/Storm Drain Plan 1 " = 40' Horizontal, 1' = 4' Vertical The following plans shall be submitted to the Building and Safety Department for review and approval. The plans shall. utilize the minimum scale specified, unless otherwise authorized by the. Building and Safety Director in writing. Plans may be prepared at a larger scale if additional detail or plan clarity. is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. E. On -Site Residential Precise Grading Plan lit = 30' Horizontal - ---- - -- --- - - - Resolution No. 2006-037 Conditions of Approval - FINAL Tentative Tract Map 34185 Sienna Corporation April 18, 2006 Page 7 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. "Street. Parking" plan shall include, appropriate signage to implement the "No Parking" concept, or.altern.atively an on -street. parking policy shall be.included in. the CC & R's subject to City Engineer's Approval. The parking plan or. CC & R's shall be submitted concurrently with the Street Improvement Plans. 20., The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the Online Engineering Library at the City webs.ite (www.la-quinta.org). Navigate to the Public Works Department home page and look for the Online Engineering Library hyperlink. 21. 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. IMPROVEMENT SECURITY AGREEMENTS 22. 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. Resolution No. 2006-037 Conditions of Approval - FINAL Tentative Tract Map 34185 Sienna Corporation April 18, 2006 Page 8 ` 23. 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. 24. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which: ace not a part. of the proposed improvements; and shall provide for the; setting of the. final survey monumentation. 25. 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 obligati.on.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 means, as the City may Irequire. 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 third 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. 26. 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. Resolution No. 2006-037 Conditions of Approval FINAL Tentative Tract Map 34185 Sienna Corporation April 18, 2006 Page 9 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. 27. 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 28. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 29. 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. 30. 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, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.161 (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. Resolution No. 2006-037 Conditions of Approval - FINAL Tentative Tract Map 34185 Sienna Corporation April 18, 2006 Page 10 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 b.y 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 #o guarantee compliance -with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 31. 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. 32. 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 33. Building pad elevations of the proposed development shall not exceed the building pad elevations of the existing adjacent lots by more than one foot. 34. The applicant shall minimizethe differences in elevation between the adjoining properties and the lots within this development. Where compliance within . the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring' -owner dissatisfaction with the grade differential. 35. 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. 36. 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. Resolution No. 2006-037 Conditions of Approval - FINAI. Tentative Tract Map 34185 Sienna Corporation .April 18, 2006 Page 11 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. 37.. This development shall comply with Chapter 8.11 (Flood Hazard Regulations), LQMC. If any portion of any proposed building lot in the development is or may be located within a flood hazard area as identified on the City's Flood Insurance Rate Maps, the development shall be graded to. ensure that all floors and exterior fill (at the foundation) are above the level of the project (100-year) flood and building pads are compacted to 95% Proctor Density as required in Title 44 of the Code of Federal Regulations, Section 65.5(a) (6). Prior to issuance of building permits for lots which are so located, the applicant shall furnish elevation certifications,. as required by FEMA, that the above conditions have been met. DRAINAGE 38. Nuisance water shall be retained on site. In residential developments, nuisance water shall be passed through a prefilter system comparable to the .Maxwell Plus Primary Settling Chamber (or equivalent) before being disposed in the proposed drywell system or equivalent system approved by the City Engineer. A geotechnical study shall confirm the applicability of drywell use. for the development based on the existing soil conditions. The drywell or equivalent system 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. The drywell shall -be designed to contain nuisance water surges from landscape area, residential unit, and off - site street nuisance water. The drywell shall be designed to accept the abovementioned nuisance water requirements. 39. 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. 40. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 41. 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 Resolution No. 2006-037 Conditions of Approval - FINAL Tentative Tract Map 34185 Sienna Corporation April 18. 2006 Page 12 discharge which may be requir.ed : under the City's NPDES. Permit or other City or area -wide pollution prevention program, and for any other obligations andfor expenses which may arise from such discharge. The. indemnification shall. be executed and furnished to the City prior to the issuance of any grading, construction or building permit, and shall be binding on all heirs, executors, administrators, assigns, and successors in interest in . the land within this .tentative tract 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. The applicant shall make- available to all buyers in this tentative tract map, educational material from the Riverside County Flood Control & Water ',Quality District regarding stormwater discharge into the Whitewater River System. UTILITIES 42. 43. The applicant shall comply with the provisions of Section 13.24.1 10 (Utilities), LQMC. 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. Existing overhead utility lines impacted by the proposed project which are on - site or adjacent to the site,- and all proposed utilities, shall be installed underground. The existing 1.0-foot or 12-foot P.U.E. established on Tract Map No. 2.180 and not affected by this tentative tract map shall remain in effect unless access requirements are required by the affected Utility Companies for this tentative tract map. The existing P.U.E. along the northerly boundary of Lot 62 of Tract Map No. 2180 shall remain unless utilities are relocated and said easement is not required. The easement along the southerly. boundary of Lot 62 shall be removed from the tentative tract map. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. Resolution No. 2006-037 Conditions of Approval - FINAL Tentative Tract Map 34185 Sienna Corporation April 18, 2006 Page 13 45. 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 46. The applicant shall comply with the provisions of Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.1.0.0 (Access. For Individual Properties And Development), LQMC for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 47. The applicant shall construct the following street improvements to conform with the General. Plan (street type noted in parentheses.) A. OFF -SITE STREETS 1) Hummingbird Lane (Cul-de-sac, 50' ROW a) No addition street widening is required. Other required improvements in the Hummingbird Lane right or way include: b) All appurtenant.components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. The applicant shall extend improvements .beyond the subdivision boundaries .to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). B. PRIVATE STREETS 1) Construct 28-foot wide travel width as. shown on the tentative map measured from gutter flow line to gutter flow line and provide a 2' rolled curb extension to allow for on -street parking subject to the design approval of the Public Works Director. Resolution No. 2006-037 Conditions of Approval - FINAL Tentative Tract Map 34185 Sienna Corporation April 18, 2006 Page 14 2) The applic.ant shall design the entrance off Hummingbird Lane with decorative pavement material and other features to distinguish the private .street. from .the public street right of way as approved by the City .Engineer and the Community Development Director. 3) The applicant shall construct a standard driveway approach for entry from Hummingbird Lane into the development's private street (Lot A), 4) The driveway approach shall. conform to La Quinta Standard Plan 221 to include adjustment to the proposed private street entrance or existing driveways to conform to said standard as approved. by the City Engineer. C. PRIVATE CUL DE SACS 1) Shall . be constructed according to the lay -out shown. on the tentative. map with 38-foot curb. radius or greater at the bulb similar to the layout shown on the rough grading plan. 48. The applicant shall design street pavement sections using CalTrans design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Residential 3.0" a.c./4.5" c.a.b. or the approved equivalents of alternate materials. 49. 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 shallinclude 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. 50. General access points and turning movements of traffic are limited to the following: Primary Entry (Hummingbird Lane): Full turn movements are permitted. Resolution No. 2006-037 Conditions of Approval - FINAL Tentative Tract Map 34185 Sienna Corporation April 18, 2006 Page 15 51. Improvements shall include appurtenances such as traffic control( signs, markings and other devices., raised medians and bollards if required,, street name signs, and sidewalks. 52. Improvements shall be designed and constructed in accordance with. City. adopted standards, supplemental drawings and specifications, or as approved by the City Eng.ineer.. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. CONSTRUCTION 53. 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. 54. Any new home constructed on site shall be limited to a single -story structure as per LQM`C Section 9.60.310. 55.' In order to achieve continuity with the existing neighborhood. and abutting properties, one lot shall be removed from among lots 1 through 7. The tentative tract map shall thus be redrawn to have a total of nine numbered. residential dots. LANDSCAPING 56. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQIVIC. 57. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 58. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. Resolution No..2006-037 Conditions of Approval - FINAL Tentative Tract Map 34.185 Sienna Corporation April 18, 2006 Page 16 59. The applicant shall submit the landscape plans for. approval to plan checking by the Public Works Department. When plan checking has been completed. by the Public Works Department, 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. 60. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City. Engineer. Use of Iawn areas shall be minimized with no lawn, or Spray irrigation, being placed within 18 inches of curbs along public streets. 61. Parking spaces identified on Lot B shall be eliminated from the tentative tract map and replaced with. landscaping: 62. Brick pavers and landscaping shall be installed at the entry of the project, identified as the portion of Lot.A adjacent. to Lots B and C. Brick pavers shall be constructed to the specifications of the City Engineer. 63. A 6' masonry wall shall be constructed adjacent to Lot 8, 91 10 and entry lot B. prior to the issuance of building permits on the subject lots. Said wall shall be consistent with the previously installed wall adjacent to Lots 2-7. 64. Wall construction along the. landscaped portion of the CVWD Stormwater Channel shall be designed as.a partial *view fence, with masonry on the lower portion and. painted wrought -iron or tubular steel on the upper portion.. This condition does not apply to those numbered residential. lots which directly abut the Stormwater Channel. QUALITY ASSURANCE 651. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 66. 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. Resolution No. 2006-037 Conditions of Approval - FINAL Tentative Tract, Map 34185 Sienna Corporation April 18, 2006 Page 17 67. 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. 68.. 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 69. The applicant shall comply with the provisions of Section 13:24.160 (Maintenance), LQMC. 70. 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 71. The applicant shall comply with the provisions of Section .13.24.1:80 (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. 72. 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). 73. The developer shall pay school mitigation fees based on their requirements. Fees shall be paid prior to building permit issuance by the City. (If this subdivision falls within an existing assessment district or in an area that may be subject to an assessment district, add the following condition:) Resolution No. 2006-037 .Conditions of Approval - FINAL Tentative Tract Map 34185 Sienna Corporation April 18, 2006 Page 18 74. Prior to completion. of any approval process for modification of boundaries of the property or lots subject to these conditions, the applicant shall process a reapportionment of any bonded_ assessments) against the property and pay the cost of. such reapportionment. 75. Tentative Tract 34185 shall provide for parks through payment of an in -Lieu fee, as specified in Chapter 13.48, LQMC. The in -lieu fee shall be based on the fair market value of the land within. the subdivision. Land value information shall be provided to the Community Development Director, via land sale information, .a. current fair market value of -land appraisal, or other information. on land value within the subdivision. The Community Development. Director.. may consider any subdivider -provided or other land value information source for use in calculation of the parkland fee. FIRE DEPARTMENT 76. Blue dot retro-reflectors shall be placed in the street 8 inches from centerline to the side that the fire hydrant is on,: to identify fire hydrant locations.. 77. 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 for approval. 78. Final Fire Department conditions will be addressed prior to final map., A plan check fee must be paid to the Fire Department at the time building plans are submitted:. All questions regarding Fire Marshall conditions should be directed to the Fire Department. Planning & Engineering staff at (760) 863-888.6: MISCELLANEOUS 79. A permit from, the Community Development Department is required for any temporary or permanent tract signs. Uplighted tract identification signs are allowed subject to the provisions of Chapter 9.160 of the Zoning Ordinance. 80. The Community Development Director shall cause to be filed with the County Clerk a "Notice of Exemption" pursuant to CEQA Guideline § 15332 once reviewed and approved by the City Council. The appropriate filing fee shall be paid by the developer. Resolution No. 2006-037 Conditions of Approval - FINAL Tentative Tract Map 34185 Sienna Corporation . April 18, 2006 Page 19 . 81 Should casita.s be part of the home design for the production homes on the site, a master Minor Use Permit for all such casitas shall be. secured in conjunction: with the recordation of the Final Map.. A covenant and provision in the CC&R's shall be recorded informing all property owners of the Minor Use Permit and its conditions of approval. 82. The Community Development and Public Works. Directors may allow minor design changes to final map applications that include a reduction in the number of buildable lots, changes in lot 'sizes, relocation of common open space areas or other required public facilities (e.g., CVWD well sites, etc:) and changes in the' alignment of street sections, provided the applicant. submits. a. Substantial ComplianceApplication to the Public Works Department during plan check disclosing the requested changes and how the changes occurred. These changes shall be conveyed to the City Council when the map is presented for recordation consideration. 83. All public agency letters. received for this case are made part of the case file documents for plan checking purposes. 84.- Staff shall have.at least one meeting between the applicant and the neighbors providing a discussion of construction requirements and a discussion of the ultimate design of the entry and off street parking. Staff shall be provided with the discretion to make changes mutually agreeable to the applicant and residents. Final changes shall be reviewed and approved'.by the Public Works Director and the Community Development Director.