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CC Resolution 2012-062RESOLUTION NO. 2012 - 062 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 36405, SUBDIVIDING APPROXIMATELY 9.5 ACRES INTO TWO PARCELS FOR THE LA QUINTA RETIREMENT COMMUNITY CASE: TENTATIVE PARCEL MAP 36405 APPLICANT: LENITY GROUP, LLC WHEREAS, the City Council of the City of La Quinta, California did, on the 161h day of October, 2012, hold a duly noticed public hearing to consider a request by Lenity Group, LLC to subdivide approximately 9.5 acres into two parcels, generally located on Seeley Drive, East of Washington Street, South of Miles Avenue, more particularly described as: APN: 604-630-027 WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 251" day of September, 2012, hold a duly noticed Public Hearing to consider a recommendation on said Tentative Parcel Map, and after hearing and considering all testimony and arguments, did adopt Planning Commission Resolution 2012-024, recommending to the City Council approval of Tentative Parcel Map 36405; and, WHEREAS, the La Quinta Planning Department has prepared Environmental Assessment 2011-617 for this project, in compliance with the requirements of the California Environmental Quality Act (CEQA). The Planning Director has determined that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent and mitigation measures have been incorporated. Therefore, the Planning Director recommended that a Mitigated Negative Declaration of environmental impact and associated Mitigation Monitoring Program be adopted and the City Council did adopt said Mitigated Negative Declaration and Mitigation Monitoring Program prior to this action; and, WHEREAS, the Planning Department published a public hearing notice in The Desert Sun newspaper on October 5, 2012 as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and, WHEREAS, upon hearing and considering all testimony and arguments, if City Council Resolution 2012-062 Tentative Parcel Map 36405 Lenity Group, LLC / La Quinta Retirement Community Adopted: October 16, 2012 Page 2 any, of all interested persons desiring to be heard, the City Council did find the following facts, findings, and reasons to justify approval of said Tentative Parcel Map 36405: A. The proposed Tentative Parcel Map 36405 is consistent with the City's General Plan, with the implementation of Conditions of Approval. The project density of approximately 10 units per acre is consistent with the Medium High Density Residential land use designation of up to 12 dwelling units per acre, as set forth in the General Plan. B. The design and improvements of the proposed Tentative Parcel Map 36405 are consistent with the City's General Plan, to provide for adequate storm water drainage, and other infrastructure improvements with the implementation of recommended conditions of approval to ensure proper street widths, storm drainage facilities, and timing of their construction. C. The La Quinta Planning Department has prepared Environmental Assessment 201 1-617 for this project, in compliance with the requirements of the California Environmental Quality Act (CEQA). The Planning Director has determined that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent and mitigation measures have been incorporated. Therefore, the Planning Director recommended that a Mitigated Negative Declaration of environmental impact and associated Mitigation Monitoring Program be adopted and the City Council did adopt said Mitigated Negative Declaration and Mitigation Monitoring Program. D. The design of Tentative Parcel Map 36405 and type of improvements are not likely to cause serious public health problems, in that this issue was considered in Environmental Assessment 201 1-617, in which no significant health or safety impacts were identified for the proposed project. E. The site of the proposed Tentative Parcel Map 36405 is physically suitable for the type of development and density of the development. The proposed development plans for the site are congregate care and assisted living/memory care facilities; the land is level and is therefore City Council Resolution 2012-062 Tentative Parcel Map 36405 Lenity Group, LLC / La Quinta Retirement Community Adopted: October 16, 2012 Page 3 able to accommodate such uses. F. As conditioned, the proposed Tentative Parcel Map 36405 is consistent with all applicable provisions of the La Quinta Zoning Ordinance and Subdivision Regulations, including, but not limited to, minimum lot area requirements, any other applicable provisions of the La Quinta Municipal Code, and the Subdivision Map Act. G. As conditioned, the design of Tentative Parcel Map 36421 will not conflict with easements, acquired by the public -at -large, for access through, or use of property within the proposed subdivision. 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 in this case; and 2. That it does hereby approve Tentative Parcel Map 36405 for the reasons set forth in this Resolution. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 16" day of October, 2012, by the following vote to wit: AYES: Councilmembers Evans, Franklin, Henderson, Osborne, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None nou, DON ADO PH, Ma r City of La Quinta, California City Council Resolution 2012-062 Tentative Parcel Map 36405 Lenity Group, LLC / La Quinta Retirement Community Adopted: October 16, 2012 Page 4 ATTEST: Susan-lVlaysels,. City erk City of La Quinta,-California (City Seal) .. APPROVED AS TO FORM: Katherine Jens City Attorney City of La Quinta, California CITY COUNCIL RESOLUTION 2012-062 CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP 36405 LENITY GROUP, LLC / LA QUINTA RETIREMENT COMMUNITY ADOPTED: OCTOBER 16, 2012 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 Parcel 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 Parcel Map, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-guinta.org. 3. This Tentative Parcel Map shall expire two years from the date of City Council approval, unless recorded or granted a time extension pursuant to the requirements of La Quinta Municipal Code 9.200.080 (Permit expiration and time extensions). 4. Tentative Parcel Map 36405 shall comply with all applicable conditions and/or mitigation measures for the following related approvals: Environmental Assessment 201 1-617 Specific Plan 2001-055 Amendment 3 Site Development Permit 201 1-921 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Planning Director shall adjudicate the conflict by determining the precedence. 5. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: • Riverside County Fire Marshal 1 CITY COUNCIL RESOLUTION 2012-062 CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP 36405 LENITY GROUP, LLC / LA QUINTA RETIREMENT COMMUNITY ADOPTED: OCTOBER 16, 2012 • La Quinta Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Improvement Permit) • La Quinta Planning Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District (DSUSD) • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Regional Water Quality Control Board (CRWQCB) • State Water Resources Control Board • Sunline Transit Agency (SunLine) • South Coast Air Quality Management District Coachella Valley (SCAQMD) The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When these requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. 6. FOR ALL CONSTRUCTION SITES ONE (1) ACRE OR MORE: Coverage under the State of California Construction General Permit must be obtained by the applicant; who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NOI") and Waste Discharger Identification (WDID) number to the City prior to the issuance of a grading, building permit, or encroachment permit. 7. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 at seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; the California Regional Water Quality Control Board — Colorado River Basin Region Board Order No. 137- 2008-0001 and the State Water Resources Control Board's Order No. 2009- 0009-DWQ and Order No. 2010-0014-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP") to the State Water Resources Control Board. E CITY COUNCIL RESOLUTION 2012-062 CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP 36405 LENITY GROUP, LLC / LA QUINTA RETIREMENT COMMUNITY ADOPTED: OCTOBER 16, 2012 The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. C. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (LQMC Section 8.70.020 (Definitions)): 11 Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City Council. G. The provision for the funding and perpetual maintenance and operation of all post -construction BMPs is required. 8. Permits issued under this approval shall be subject to the provisions of the Development Impact Fee program in effect at the time of issuance of building permit(s). 9. Approval of this Tentative Parcel Map shall not be construed as approval for 3 CITY COUNCIL RESOLUTION 2012-062 CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP 36405 LENITY GROUP, LLC / LA QUINTA RETIREMENT COMMUNITY ADOPTED: OCTOBER 16, 2012 any horizontal dimensions implied by any site plans or exhibits unless specifically identified in the following conditions of approval. 10. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual attorney's fees incurred by,the City Attorney to review, negotiate and/or, modify any documents or instruments required by these conditions, if Developer requests that the City modify or revise any documents or instruments prepared initially by the City to effect these conditions. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. 11. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual consultant's fees incurred by the City for engineering and/or surveying consultants to review and/or modify any documents or instruments required by this project. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. PROPERTY RIGHTS 12. Prior to acceptance of the final parcel map, the applicant shall acquire or confer easements and other property rights necessary for 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. Said conferred rights shall also include grant of access easement to the City of La Quinta for the purpose of graffiti removal by City staff or assigned agent in perpetuity and agreement to the method to remove graffiti and to paint over to best match existing. The applicant shall establish the aforementioned requirements in the CC&R's for the development or other agreements as approved by the City Engineer. Pursuant to the aforementioned, the applicant shall submit and execute an "AUTHORIZATION TO REMOVE GRAFFITI FROM PRIVATE PROPERTY" form located at the Public Works Department Counter prior to Certificate of Occupancy. 13. Pursuant to the aforementioned condition, conferred rights shall include approvals from the master developer over easements and other property 4 CITY COUNCIL RESOLUTION 2012-062 CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP 36405 LENITY GROUP, LLC / LA QUINTA RETIREMENT COMMUNITY ADOPTED: OCTOBER 16, 2012 rights necessary for construction and proper functioning of the proposed development not limited to access rights over proposed and/or existing private drive aisles that access public streets and open space/drainage facilities of the master development. 14. The applicant shall offer for dedication on the Final Map all public street rights -of -way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 15. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Entry at the Roundabout on Seeley Drive — An additional right of way dedication at the project's entry on Seeley Drive shown as Lot A on the Tentative Parcel Map No. 36405 or as approved by the City Engineer. 16. 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. 17. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. Pursuant to this requirement, the Applicant shall include in the submittal packet containing the draft final map submitted for map checking, an offsite street geometric layout, drawn at 1 " equals 40 feet, detailing the following design aspects: median curb line, outside curb line, lane line alignment including lane widths, left turn lanes, deceleration lane(s) and bus stop turnout(s). The geometric layout shall be accompanied with sufficient professional engineering studies to confirm the appropriate length of all proposed turn pockets and auxiliary lanes that may impact the right of way dedication required of the project and the associated landscape setback requirement. 18. When the City Engineer determines that access rights to the proposed street rights -of -way shown on the approved Tentative Parcel Map are necessary 5 CITY COUNCIL RESOLUTION 2012-062 CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP 36405 LENITY GROUP, LLC / LA QUINTA RETIREMENT COMMUNITY ADOPTED: OCTOBER 16, 2012 prior to approval of the Final Map dedicating such rights -of -way, the applicant shall grant the necessary rights -of -way within 60 days of a written request by the City. 19. The applicant shall show the following perimeter landscaping setbacks along all public rights -of -way as on Parcel Map 31 1 16: A. Seeley Drive (Non -Conforming Collector) - 20-foot from the Public Right -of -Way 20. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 21. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. 22. Direct vehicular access to Seeley Drive is restricted, except for those access points identified on the tentative parcel map, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final parcel map. 23. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent .slopes, or other encroachments will occur. 24. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Parcel Map and the date of recording, of any Final Map, unless such easement is approved by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 25. The applicant shall comply with the provisions of LQMC Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access for Individual Properties and Development) for public streets. 26. Streets shall have vertical curbs or other approved curb configurations that 10 CITY COUNCIL RESOLUTION 2012-062 CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP 36405 LENITY GROUP, LLC / LA QUINTA RETIREMENT COMMUNITY ADOPTED: OCTOBER 16, 2012 will convey water without ponding, and provide lateral containment of dust and residue during street sweeping operations. If a wedge or rolled curb design is approved, the lip at the flowline shall be near vertical with a 1 /8" batter and a minimum height of 0.1'. Unused curb cuts on any lot shall be restored to standard curb height prior to final inspection of permanent building(s) on the lot. 27. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) 1) Seeley Drive (Non -conforming Collector, 80' ROW): No street widening of Seeley Drive is required along the frontages adjacent to the tentative parcel map boundaries. 2) Other required improvements in the Seeley Drive right-of-way and/or adjacent landscape setback area include: a) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. The applicant shall extend improvements beyond the project boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). The applicant is responsible for construction of all improvements mentioned above. 28. 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. PARKING LOTS and ACCESS POINTS 29. The design of parking facilities shall conform to LQMC Chapter 9.150 and in particular the following: 7 CITY COUNCIL RESOLUTION 2012-062 CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP 36405 LENITY GROUP, LLC / LA QUINTA RETIREMENT COMMUNITY ADOPTED: OCTOBER 16, 2012 A. The parking stall and aisle widths and the double hairpin stripe parking stall design shall conform to LQMC Chapter 9.150. B. Cross slopes should be a maximum of 2% where ADA accessibility is required including accessibility routes between buildings. C. Building access points shall be shown on the Precise Grading Plans to evaluate ADA accessibility issues. D. Accessibility routes to public streets and adjacent development shall be shown on the Precise Grading Plan. E. Parking stall lengths shall be according to LQMC Chapter 9.150 and be a minimum of 17 feet in length with a 2-foot overhang for standard parking stalls and 18 feet with a 2-foot overhang for handicapped parking stall or as approved by the City Engineer. One van accessible handicapped parking stall is required per 8 handicapped parking stalls. F. Drive aisles between parking stalls shall be a minimum of 26 feet with access drive aisles to Public Streets a minimum of 28 feet as shown on the Preliminary Precise Grading Plan or as approved by the City Engineer. Entry drives, main interior circulation routes, corner cutbacks, bus turnouts, dedicated turn lanes, ADA accessibility route to public streets and other features shown on construction plans may require additional street widths and other improvements as may be determined by the City Engineer. 30. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Parking Lot & Aisles (Low Traffic) 3.0" a.c./4.5" c.a.b. Parking Lot & Aisles (High,Traffic) 4.5" a.c./5.5" c.a.b. Loading Areas 6" P.C.C./4" c.a.b. or the approved equivalents of alternate materials including the specifications as identified in the Geotech report prepared for this project dated September 93 CITY COUNCIL RESOLUTION 2012-062 CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP 36405 LENITY GROUP, LLC / LA QUINTA RETIREMENT COMMUNITY ADOPTED: OCTOBER 16, 2012 12, 2011 identifying 3.5"a.c./ 4" c.a.b. for low traffic and 5"a.c./ 4" c.a.b for high traffic. 31. 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. 32. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by engineers registered in California. FINAL MAPS 33. Prior to the City's approval of a Final Map, the applicant shall furnish accurate mylars of the Final Map. The Final Map shall be 1 " = 40' scale. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 34. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of LQMC Section 13.24.040 (Improvement Plans). 35. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. 7 CITY COUNCIL RESOLUTION 2012.062 CONDITIONS OF APPROVAL " TENTATIVE PARCEL MAP 36405 LENITY GROUP, LLC / LA GUINTA RETIREMENT COMMUNITY " ADOPTED: OCTOBER 16, 2012 A. On -Site Commercial Precise Grading Plan 1 " = 20' Horizontal B. PM 10 Plan 1 " = 40' Horizontal C. WOMP (Plan submitted in Report Form) NOTE: A through C to be submitted concurrently. D. Off -Site Street Improvement/Storm Drain Plan 1 " = 40' Horizontal, 1 " = 4' Vertical E. Off -Site Signing and Striping Plan 1 " = 40' Horizontal The Off -Site street improvement plans shall have separate plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, mounding, and berming design in the combined parkway and landscape setback area. NOTE: D through E to be submitted concurrently (Separate Storm Drain Plans if applicable) Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All Off -Site Plan & Profile Street Plans and Signing & Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. All On -Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. 10 CITY COUNCIL RESOLUTION 2012-062 CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP 36405 LENITY GROUP, LLC / LA QUINTA RETIREMENT COMMUNITY ADOPTED: OCTOBER 16, 2012 Precise Grading plans shall normally include all on -site surface improvements including but not limited to finish grades for curbs & gutters, building floor elevations, wall elevations, parking lot improvements and ADA requirements. 36. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the "Plans, Notes and Design Guidance" section of the Public Works Department at the City website (www.la-quinta.org). Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. 37. The applicant shall furnish a complete set of all approved improvement plans on a storage media acceptable to the City Engineer (currently mylars). 38. Upon completion of construction, and prior to final acceptance of the improvements by the City, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all approved mylars previously submitted to the City, revised to reflect the as - built conditions. The applicant shall employ or retain the Engineer Of Record during the construction phase of the project so that the FOR can make site visits in support of preparing "Record Drawing". However, if subsequent approved revisions have been approved by the City Engineer and reflect said "Record Drawing" conditions, the Engineer Of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. IMPROVEMENT SECURITY AGREEMENTS 39. 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. 40. 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 Parcel Map, shall comply with the provisions of LQMC Chapter 13.28 11 CITY COUNCIL RESOLUTION 2012-062 CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP 36405 LENITY GROUP, LLC / LA QUINTA RETIREMENT COMMUNITY ADOPTED: OCTOBER 16, 2012 (Improvement Security). 41. 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. 42. 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. 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. 43. 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, 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. 44. Prior to constructing any off -site improvements, the applicant shall deposit securities equivalent to both a Performance and Labor & Material Bonds each valued at 100% of the cost of the off -site improvements, or as approved by the City Engineer. 45. Depending on the timing of the development of this tentative parcel map, and the status of the off -site improvements at the time, the applicant may be required to comply with one or more of the following as a condition to finalizing the parcel map: A. Construct certain off -site improvements required by one of the conditions of approval herein. B. Construct additional off -site improvements not identified in these conditions of approval, subject to the reimbursement of its costs by iFA CITY COUNCIL RESOLUTION 2012-062 CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP 36405 LENITY GROUP, LLC / LA QUINTA RETIREMENT COMMUNITY ADOPTED: OCTOBER 16, 2012 others. C. Reimburse others for those improvements required by these conditions of approval previously constructed by others. D. Secure the costs for future improvements required by these conditions of approval that are to be made by others. E. To agree to any combination of these actions, as the City may require. Once development starts, Off -Site Improvements should be completed on a first priority basis. The applicant shall complete Off -Site Improvements in the first phase of construction. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, as a condition of obtaining approval of the Final Map, or of obtaining the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 46. 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. 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. PRECISE GRADING 47. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 13 CITY COUNCIL RESOLUTION 2012-062 CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP 38405 LENITY GROUP, LLC / LA QUINTA RETIREMENT COMMUNITY ADOPTED: OCTOBER 16, 2012 48. 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. 49. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a civil engineer registered in the State of California, B. A preliminary geotechnical ("soils") report prepared by an engineer registered in the State of California, C. A Fugitive Dust Control Plan prepared in accordance with LQMC Chapter 6.16, (Fugitive Dust Control), and D. A Best Management Practices report prepared in accordance with LQMC Sections 8.70.010 and 13.24.170 (NPDES Stormwater Discharge Permit and Storm Management and Discharge Controls). E. A WQMP prepared by an authorized professional registered in the State of California. All grading shall conform with the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by soils engineer, or engineering geologist registered in the State of California. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. Additionally, the applicant shall replenish said security if expended by the City of La Quinta to comply with the Plan as required by the City Engineer. 50. 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 14 CITY COUNCIL RESOLUTION 2012-062 CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP 36405 LENITY GROUP, LLC ! LA QUINTA RETIREMENT COMMUNITY ADOPTED: OCTOBER 16, 2012 Fugitive Dust Control Plan. 51. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6') of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches (18") behind the curb. 52. Building pad elevations on the precise grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval, or as approved by the City Engineer. 53. Building pad elevations of perimeter lots shall not differ by more that one foot higher from the building pads in adjacent developments. 54. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. 55. Prior to any site grading or regrading that will raise or lower any portion of the pad elevation by more than plus or minus half of a foot (0.5') from the pad elevations shown on the approved Tentative Parcel Map, the applicant shall submit the proposed grading changes to the City Engineer for a substantial conformance review. 56. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor with applicable compaction tests and over excavation documentation. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad 15 CITY COUNCIL RESOLUTION 2012-062 CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP 36405 LENITY GROUP, LLC / LA QUINTA RETIREMENT COMMUNITY ADOPTED: OCTOBER 16, 2012 soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. DRAINAGE 57. Stormwater handling shall conform with the approved hydrology and drainage report for the Centre Pointe Development and Parcel Map 31116 and as modified for this Parcel Map 36405, or as approved by the City Engineer. Nuisance water shall be disposed of in an approved manner. Nuisance water shall be retained onsite and disposed of via an underground perco►ation improvement approved by the City Engineer. 58. The applicant shall comply with the provisions of LQMC Section 13.24.120 (Drainage), Retention Basin Design Criteria, Engineering Bulletin No. 06-16 - Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The design storm shall be either the 1 hour, 3 hour, 6 hour or 24 hour event producing the greatest total run off. 59. Nuisance water shall be retained on site. Nuisance water shall be disposed of per approved methods contained in Engineering Bulletin No. 06-16 - Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering. Bulletin No. 06-015 - Underground Retention Basin Design Requirements. 60. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise and as approved by the City Engineer. 61. 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. 62. No fence or wall shall be constructed around any retention basin unless approved by the Planning Director and the City Engineer. 16 CITY COUNCIL RESOLUTION 2012-062 CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP 36405 LENITY GROUP, LLC / LA QUINTA RETIREMENT COMMUNITY ADOPTED: OCTOBER 16, 2012 63. For on -site above ground common retention basins, retention depth shall be according to Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems. Side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. Additionally, retention basin widths shall be not less than 20 feet at the bottom of the basin. 64. Stormwater may not be retained in landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to LQMC Section 9.100.040(B)(7). 65. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 66. 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. 67. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 68. If permitted by the Coachella Valley Water District (CVWD) and the City Engineer, when an applicant proposes discharge of storm water directly, or indirectly, into the Coachella Valley Stormwater Channel, the applicant shall obtain the appropriate permit from CVWD and shall execute an indemnification instrument as approved by the City Engineer and City Attorney. Additionally, the applicant shall pay for all costs of sampling and testing associated with 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 applicant is required to construct and provide for the maintenance in perpetuity of the required discharge treatment Best Management Practice facilities per the NPDES Permit Supplement A or as approved by the City Engineer. 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, 17 CITY COUNCIL RESOLUTION 2012-062 CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP 36405 LENITY GROUP, LLC / LA GUINTA RETIREMENT COMMUNITY ADOPTED: OCTOBER 16, 2012 assigns, and successors in interest in the land within this tentative parcel map excepting therefrom those portions required to be dedicated or deeded for public use. If such discharge is approved for this development, the applicant shall make provisions in the final development CC&Rs or other appropriate instrument for meeting these obligations. The 100-year storm water hydraulic grade line shall be 3 feet below the channel lining and 2 feet below the Project Storm HGL or as determined by CVWD and the City Engineer. Additionally, the applicant shall submit verification to the City of CVWD acceptance of the proposed discharge of storm water directly, or indirectly, into the Coachella Valley Stormwater Channel with the initial submittal of storm drain improvement plans. 69. The applicant shall comply with applicable provisions for post construction runoff per the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 at seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and the California Regional Water Quality Control Board - Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2008-001. A. For post -construction urban runoff from New Development and Redevelopments Projects, the applicant shall implement requirements of the NPDES permit for the design, construction and perpetual operation and maintenance of BMPs per the approved Water Quality Management Plan (WQMP) for the project as required by the California Regional Water Quality Control Board - Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2008-001. B. The applicant shall implement the WQMP Design Standards per (CRWQCB-CRB) Region Board Order No. R7-2008-001 utilizing BMPs approved by the City Engineer. A project specific WQMP shall be provided which incorporates Site Design and Treatment BMPs utilizing first flush infiltration as a preferred method of NPDES Permit Compliance for Whitewater River receiving water, as applicable. C. The developer shall execute and record a Stormwater Management/BMP Facilities Agreement that provides for the perpetual maintenance and operation of stormwater BMPs. W-J CITY COUNCIL RESOLUTION 2012-062 CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP 36405 LENITY GROUP, LLC / LA QUINTA RETIREMENT COMMUNITY ADOPTED: OCTOBER 16, 2012 UTII ITIFS 70. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 71. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 72. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. Additionally, grease traps and the maintenance thereof shall be located as to not conflict with access aisles/entrances. CONSTRUCTION 73. 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. LANDSCAPE AND IRRIGATION 74. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). 75. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 76. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect in California. 77. All new and modified landscape areas shall have landscaping and permanent 19 CITY COUNCIL RESOLUTION 2012-062 CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP 36405 LENITY GROUP, LLC / LA QUINTA RETIREMENT COMMUNITY ADOPTED: OCTOBER 16, 2012 irrigation improvements in compliance with the City's Water Efficient Landscape regulations contained in LQMC Section 8.13 (Water Efficient Landscape). 78. Lighting plans shall be submitted with the final landscaping plans to the Planning Director for his approval. Exterior lighting shall be consistent with LQMC Section 9.100.150 (Outdoor Lighting). All freestanding lighting shall not exceed 21 feet in height, and shall be fitted with a visor if deemed necessary by staff to minimize trespass of light off the property. The illuminated carports shall be included in the photometric study as part of the final lighting plan submittal. 79. All water features shall be designed to minimize "splash", and use high efficiency pumps and lighting to the satisfaction of the Planning Director. They shall be included in the landscape plan water efficiency calculations per Municipal Code Chapter 8.13. 80. All rooftop mechanical equipment shall be completely screened from view. Utility transformers or other ground mounted mechanical equipment shall be fully screened with a screening wall or landscaping and painted to match the adjacent buildings. 81. The applicant shall submit the final landscape plans for review, processing and approval to the Planning Department, in accordance with the Final Landscape Plan application process. Planning Director approval of the final landscape plans is required prior to issuance of the first building permit unless the Planning Director determines extenuating circumstances exist which justifies an alternative processing schedule. NOTE: Plans are not approved for construction until signed by the appropriate City official, including the Planning Director and/or City Engineer. 82. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Director. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 24 inches of curbs along public streets. 83. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the American Association of State Highway and Transportation Officials (AASHTO) "A Policy on Geometric Design of 20 CITY COUNCIL RESOLUTION 2012-062 CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP 36405 LENITY GROUP, LLC / LA QUINTA RETIREMENT COMMUNITY ADOPTED: OCTOBER 16, 2012 Highways and Streets" latest edition, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right-of-way. PUBLIC SERVICES 84. The applicant shall provide public transit improvements as required by SunLine Transit Agency and as approved by the City Engineer. MAINTENANCE 85. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 86. The applicant shall make provisions for the continuous and perpetual maintenance of perimeter landscaping up to the curb, access drives, sidewalks, and stormwater BMPs. FEES AND DEPOSITS 87. The applicant shall comply with the provisions of LQMC Section 13.24.180 (Fees and Deposits). These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 21