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CC Resolution 2013-039CITY COUNCIL RESOLUTION 2013 - 039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 36403 CASE: TENTATIVE TRACT MAP 36403 APPLICANT: CONSTANCE SCHIVARELLI WHEREAS, the City Council of the City of La Quinta, California did, on the 61h day of August, 2013, hold a duly noticed public hearing to consider Tentative Tract Map 36403, a request by Constance Schivarelli to subdivide approximately 7.3 acres into eleven lots, generally located on the southwest corner of Madison Street and Calle Conchita, more particularly described as: A.PN: 766-090-008, 766-090-010, 766-080-009 WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 23rd day of July, 2013, hold a duly noticed Public Hearing to consider a recommendation on said Tentative Tract Map, and after hearing and considering all testimony and arguments, did adopt Planning Commission Resolution 2013-012, recommending to the City Council approval of Tentative Parcel Map 36403; and, WHEREAS, said Environmental Assessment complies with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63), in that the Community Development Director has conducted an Initial Study (Environmental Assessment 2012-621) and has determined that although the proposed project could have a potentially 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 Community Development 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 Community Development Department published a public hearing notice in The Desert Sun newspaper on July 26, 2013 as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and, Resolution 2013-039 Tentative Tract Map 36403 Constance Schivarelli Adopted: August 6, 2013 Page 2 WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings pursuant to Section 13.12.130 of the Municipal Code to justify approval of said Tentative Tract Map: A. The proposed tentative tract map is consistent with the La Quinta General Plan. The proposed map conforms to the design guidelines and standards of the General Plan for .Low Density Residential designated properties, as set forth in the Land Use Element, in that it will facilitate the construction of additional residential options while maintaining residential development standards including setbacks, pad elevations, and other design and performance standards that assure a high quality of development. The project density of approximately 1.5 units per acre is consistent with the Low Density Residential land use designation of up to four dwelling units per acre, as set forth in the General Plan. B. The design or improvement of the proposed tentative tract map is consistent with the city General Plan in that its street and parcel design are in conformance with applicable goals, policies, and development standards, and will provide adequate infrastructure and public utilities. C. The design of the tentative tract map and the proposed improvements are neither likely to cause substantial environmental damage nor substantially injure fish or wildlife or their habitat. The La Quinta Community Development Department prepared Environmental Assessment 2012-621 for this project, and the Planning Commission on July 23, 2013 recommended to the City Council certification of a Mitigated Negative Declaration of environmental impact and associated Mitigation Monitoring Program for the project determining 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 had been made by or agreed to by the project proponent and appropriate mitigation measures to reduce any potentially -significant impacts to a less -than -significant level had been incorporated in the Mitigation Monitoring Program. D. The design of the tentative tract map and the proposed improvements are not likely to cause serious public health problems. As conditioned, the proposed tentative tract map will not result in any increased hazard to public health or welfare, as the design has been reviewed by the appropriate responsible agencies for health and safety issues, with none identified. Resolution 2013-039 Tentative Tract Map 36403 Constance Schivarelli Adopted: August 6, 2013 Page 3 E. The site of the proposed tentative tract map is physically suitable for the type of development and proposed density of development. As conditioned, the proposed design of the subdivision is physically compatible with the site with regards to level topography for the type of land use designation and potential development of the subject property, and in consideration of existing residential development in the surrounding area. F. As conditioned, the proposed tentative tract map is consistent with all applicable provisions of this title and the La Quinta Zoning Ordinance, including, but not limited to, minimum lot area requirements, any other applicable provisions of this code, and the Subdivision Map Act. G. As conditioned, the design of the tentative tract map will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision, 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. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1 . That the above recitations are true and constitute the findings of the City Council in this case; SECTION 2. That the City Council does hereby approve Tentative Tract Map 36403, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 6`h day of August, 2013, by the following vote: AYES: Council Members Franklin, Evans, Henderson, Osborne, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None Resolution 2013-039 Tentative Tract Map 36403 Constance Schivarelli Adopted: August 6, 2013 Page 4 DON AD LPH, or City of La Quinta, California ATTEST: E� SUSAN-MAYSELS, City Jerk City of La Quinta, California (CITY SEAL) - APPROV 'AS TO F M: M. A E INE JESON, ity Attorney City of La Quinta, California RESOLUTION NO. 2013-039 CONDITIONS OF APPROVAL TENTATIVE TRACT IVIAP 36403 CONSTANCE SCHIVARELLI AUGUST 6, 2013 Page 1 of 22 GFNFRAI 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-guintai.org. 3. This Tentative Tract Map shall expire on August 6, 2015, 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. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: • Riverside County Fire Marshal • La Quinta Public Works Department (Grading Permit, Green Works Clearance) for Building Permits, Water Quality Plan(WQMP) Exemption Form — Whitewater River Region, Permit) • La Quinta Community Development Department • Riverside Co. Environmental Health Department • Coachella Valley Unified School District (CVUSD) • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) Sheet (Public Management Improvement N:\RESOLUTIONS Pending\CCRES 2013-039 COA.doc Printed August 7, 2013 Page 1 of 22 RESOLUTION NO. 2013-039 CONDITIONS OF APPROVAL TENTATIVE TRACT MAP 36403 CONSTANCE SCHIVARELLI AUGUST 6, 2013 Page 2 of 22 • 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 improvement plans for City approval. 5. Coverage under the State of California Construction General Permit must be obtained by the applicant, who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NOI") and Waste Discharge Identification (WDID) number to the City prior to the issuance of a grading or building permit. 6. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; the California Regional Water Quality Control Board — Colorado River Basin Region Board Order No. R7-201 3-0011 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. 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. W RESOLUTIONS Pending\CCRES 2013-039 COA.doc Printed August 7, 2013 Page 2 of 22 RESOLUTION NO. 2013-039 CONDITIONS OF APPROVAL TENTATIVE TRACT IVIAP 36403 CONSTANCE SCHIVARELLI AUGUST 6, 2013 Page 3 of 22 C. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (LQMC Section 8.70.020 (Definitions)): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City Council. G. The inclusion in the Homeowners' Association (HOA) Conditions, Covenants, and Restrictions (CC&Rs), a requirement for the perpetual maintenance and operation of all post -construction BMPs as required; and the applicant shall execute and record an agreement that provides for the perpetual maintenance and operation of all post -construction BMPs is required. 7. Permits issued under this approval shall be subject to the provisions of the Development Impact Fee and Transportation Uniform Mitigation Fee programs in effect at the time of issuance of building permit(s). 8. Approval of this Tentative Tract Map shall not be construed as approval for any horizontal dimensions implied by any site plans or exhibits unless specifically identified in the following conditions of approval. 9. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual attorney's fees incurred by the City Attorney to review, negotiate and/or modify any documents or instruments required by these conditions, N:\RESOLUTIONS Pending\CCRES 2013-039 COA.doc Printed August 7, 2013 Page 3 of 22 RESOLUTION NO. 2013-039 CONDITIONS OF APPROVAL TENTATIVE TRACT MAP 36403 CONSTANCE SCHIVARELLI AUGUST 6, 2013 Page 4 of 22 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. 10. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual consultant's fees incurred by the City for engineering and/or surveying consultants to review and/or modify any documents or instruments required by this project. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. PROPERTY RIGHTS 11. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 12. Pursuant to the aforementioned condition, conferred rights shall include approvals from the master developer or the HOA over easements and other property rights necessary for construction and proper functioning of the proposed development not limited to access rights over open space/drainage facilities of the master development. 13. 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. 14. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Madison Street - No additional right of way dedication is required. 2) Calle Conchita (Local Street, 60' ROW) - No additional right of way dedication is required. NMESOLUTIONS Pending\CCRES 2013-039 COA.doc Printed August 7, 2013 Page 4 of 22 RESOLUTION NO. 2013-039 CONDITIONS OF APPROVAL TENTATIVE TRACT MAP 36403 CONSTANCE SCHIVARELLI AUGUST 6, 2013 Page 5 of 22 3) Streets "A" and "B" — 60 foot right of way with two minimum 20 foot lanes as shown on the tentative tract map. B. CUL DE SACS 1) Cul-de-sac, 60' ROW at the cul-de-sac bulb as shown on the tentative tract map. 15. Right-of-way geometry for standard dul-de-sacs and property line corner cut -backs at curb returns shall conform to Riverside County Standard Drawings #800, and #805, respectively, unless otherwise approved by the City Engineer. 16. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. Pursuant to this requirement, the Applicant shall include in the submittal packet containing the draft final map submitted for map checking, an offsite street geometric layout, drawn at 1 " equals 40 feet, detailing the following design aspects: median curb line, outside curb line, lane line alignment including lane widths, left turn lanes, deceleration lane(s) and bus stop turnout(s). The geometric layout shall be accompanied with sufficient professional engineering studies to confirm the appropriate length of all proposed turn pockets and auxiliary lanes that may impact the right of way dedication required of the project and the associated landscape setback requirement 17. When the City Engineer determines that access rights to the proposed street rights - of -way shown on the approved Tentative Tract Map are necessary prior to approval of the Final Map dedicating such rights -of -way, the applicant shall grant the necessary rights -of -way within 60 days of a written request by the City. 18. The applicant shall offer for dedication on the Final Map a ten -foot wide public utility easement contiguous with, and along both sides of Streets "A" and "B". Such easement may be reduced to five feet in width with the express written approval of IID. 19. The applicant shall create perimeter landscaping setbacks along all public rights -of - way as follows: NARESOLUTIONS Pending\CCRES 2013-039 COA.doc Printed August 7, 2013 Page 5 of 22 RESOLUTION NO. 2013-039 CONDITIONS OF APPROVAL TENTATIVE TRACT MAP 36403 CONSTANCE SCHIVARELLI AUGUST 6, 2013 Page 6 of 22 A. Madison Street - 30-foot from the R/W-P/L. The listed setback depth shall be the average depth where a meandering wall design is approved. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 20. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. 21. Direct vehicular access to Madison Street and Calle Conchita from lots with frontage along Madison Street and Calle Conchita is restricted, except for those access points identified on the tentative tract map, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final tract map. 22. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 23. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 24. The applicant shall comply with the provisions of LQMC Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access for Individual Properties and Development) for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 25. Streets shall have vertical curbs or other approved curb configurations that will convey water without ponding, and provide lateral containment of dust and residue NARESOLUTIONS Pending=RES 2013-039 COA.doc Printed August 7, 2013 Page 6 of 22 RESOLUTION NO. 2CI13-039 CONDITIONS OF APPROVAL TENTATIVE TRACT MAP 36403 CONSTANCE SCHIVARELLI AUGUST 6, 2013 Page 7 of 22 during street sweeping operations. If a wedge or rolled curb design is approved, the lip at the flowlilne shall be near vertical with a 1 /8" batter and a minimum height of 0.1'. Unused curb cuts on any lot shall be restored to standard curb height prior to final inspection of permanent building(s) on the lot. 26. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF-SITIE STREETS 1) Madison Street (Constructed as Primary Arterial; 1 10' R/W): No additional street improvements are required. Other required improvements in the Madison Street 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. b) Landscaped median modifications for the proposed Calle Conchita connection to Madison Street as approved by the City Engineer. c) Participatory Improvement: Prior to final map recordation, the applicant shall pay cash or provide security for a 10-foot wide Multi -Use Path which will be constructed by others. The multi- use path is per La Quinta Standard 260 along Madison Street from the southerly property line to Calle Conchita. Multi -Use Path boundaries shall be delineated by a 4-inch wide concrete border between the path and adjacent landscaping. A split rail fence shall be constructed along the roadway side of the multi- use path in accordance with Section 9.140.060 (Item E, 3a) of the Zoning Ordinance. A maintenance easement dedication in favor of the City shall be offered for the Multi -Use Path. 2) Calle Conchita (Local Street; 60' R/W): WRESOLUTIONS Pending\CCRES 20113-039 COA.doc Printed August 7, 2013 Page 7 of 22 RESOLUTION NO. 2013-039 CONDITIONS OF APPROVAL TENTATIVE TRACT MAP 36403 CONSTANCE SCHIVARELLI AUGUST 6, 2013 Page 8 of 22 Construct the entire street along the frontage adjacent to the Tentative Map boundary to its ultimate width as specified in the General Plan and the requirements of these conditions. Rehabilitate and/or reconstruct existing roadway pavement as necessary to augment and convert it from a rural county -road design standard to La Quinta's urban arterial design standard. The curb faces shall be located twenty feet (20') north and south of the centerline. Interim improvements may be designed and constructed as approved by the City Engineer. Other required improvements in the Calle Conchita 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. b) 6-foot wide sidewalk (with landscaping provided between the sidewalk and right of way) as approved by the Community Development and the Public Works Departments. c) Extend Calle Conchita to connect to Madison Street including the construction of the intersection improvements and modification of the Madison Street landscaped median (i.e. curb and gutter, catch basins, signing and striping, etc.) as approved by City Engineer. 3) Streets "A" and "B" (Local Street; 60' R/W): Construct full improvements within a 60-foot right of way, which shall be divided into two minimum 20' traveled lanes. Other required improvements in the Street "A" and "B" 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. b) 6-foot wide sidewalk with landscaping provided between the sidewalk and right of way as approved by the Community Development and the Public Works Departments. The applicant shall extend improvements beyond the subdivision boundaries to WRESOLUTIONS Pending\CCRES 2013-039 COA.doc Printed August 7, 2013 Page 8 of 22 RESOLUTION NO. 2CI13-039 CONDITIONS OF APPROVAL TENTATIVE TRACT MAP 36403 CONSTANCE SCHIVARELLI AUGUST 6, 2013 Page 9 of 22 ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 27. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Residential 3.0" a.c./4.5" c.a.b. or the approved equivalents of alternate materials. 28. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 29. General access points and turning movements of traffic are limited to the following: Calle Conchita: Full turning movements. Street "A": Full turning movements. 30. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. Mid -block street lighting is not required. 31. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. FINAL MAPS 32. Prior to the City's approval of a Final Map, the applicant shall furnish accurate mylars of the Final Map. The Final Map shall be 1 " = 40' scale. NARESOLUTIONS Pending\CCRES 2013-039 COA.doc Printed August 7, 2013 Page 9 of 22 RESOLUTION NO. 2013-039 CONDITIONS OF APPROVAL TENTATIVE TRACT MAP 36403 CONSTANCE SCHIVARELLI AUGUST 6, 2013 Page 10 of 22 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. 33. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of LQMC Section 13.24.040 (Improvement Plans). 34. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Rough Grading Plan 1 " = 40' Horizontal B. PM 10 Plan 1 " = 40' Horizontal C. WQMP (Plan submitted in Report Form) NOTE: A through C to be submitted concurrently. V, E Off -Site Street Improvement/Storm Drain Plan Off -Site Signing & Striping Plan 1 " = 40' Horizontal, 1 " = 4' Vertical 1 " = 40' Horizontal The Off -Site street improvement plans shall have separate plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, mounding, and berming design in the combined parkway and landscape setback area. NOTE: D through E to be submitted concurrently. (Separate Storm Drain Plans if applicable) W RESOLUTIONS Pending\CCRES 2013-039 COA.doc Printed August 7, 2013 Page 10 of 22 RESOLUTION NO. 2013-039 CONDITIONS OF APPROVAL TENTATIVE TRACT PVIAP 36403 CONSTANCE SCHIVARELLI AUGUST 6, 2013 Page 11 of 22 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. F. On -Site Residential Precise Grading Plan 1 " = 30' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing pUan 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 Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 2010 California Building Code accessibility requirements associated with each door. The assessment must comply with the submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted to the Public Works Department in conjunction with the Site Development Plan when it is submitted for plan checking. 35. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the "Plans, Notes and Design Guidance" section of the Public Works Department at the City website (www.la- quinta.org). Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. N:\RESOLUTIONS Pending\CCRES 20113-039 COA.doc Printed August 7, 2013 Page 11 of 22 RESOLUTION NO. 2013-039 CONDITIONS OF APPROVAL TENTATIVE TRACT MAP 36403 CONSTANCE SCHIVARELLI AUGUST 6, 2013 Page 12 of 22 36. The applicant shall furnish a complete set of all approved improvement plans on a storage media acceptable to the City Engineer (currently mylars). 37. Upon completion of construction, and prior to final acceptance of the improvements by the City, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all approved mylars previously submitted to the City, revised to reflect the as -built conditions. The applicant shall employ or retain the Engineer Of Record during the construction phase of the project so that the FOR can make site visits in support of preparing "Record Drawing". However, if subsequent approved revisions have been approved by the City Engineer and reflect said "Record Drawing" conditions, the Engineer Of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. IMPROVEMENT SECURITY AGREEMENTS 38. Prior to approval of any Final Map, the applicant shall construct all on and off -site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement ("SIA") guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 39. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Tract Map, shall comply with the provisions of LQMC Chapter 13.28 (Improvement Security). 40. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. 41. Depending on the timing of the development of this Tentative Tract Map, and the status of the off -site improvements at the time, the applicant may be required to: A. Construct certain off -site improvements. B. Construct additional off -site improvements, subject to the reimbursement of its NARESOLUTIONS Pending\CCRES 2013-039 COA.doc Printed August 7, 2013 Page 12 of 22 RESOLUTION NO. 2CI13-039 CONDITIONS OF APPROVAL TENTATIVE TRACT MAP 36403 CONSTANCE SCHIVARELLI AUGUST 6, 2013 Page 13 of 22 costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this tentative tract map. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these actions, as the City may require. Off -Site Improvements should be completed on a first priority basis. The applicant shall complete Off -Site Improvements in the first phase of construction or by the issuance of the: 20 % Building Permit. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 42. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on -site and off -site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule as approved by the City Engineer. At the time the applicant submits its detailed construction cost estimates for conditional approval of the Final Map by the City Council, the applicant shall also submit one copy each of an 8-1 /2" x 11 " reduction of each page of the Final Map, along with a copy of an 8-1 /2" x 11 " Vicinity Map. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. 43. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. NMESOLUTIONS Pending\CCRES 2013-039 COA.doc Printed August 7, 2013 Page 13 of 22 RESOLUTION NO. 2013-039 CONDITIONS OF APPROVAL TENTATIVE TRACT MAP 36403 CONSTANCE SCHIVARELLI AUGUST 6, 2013 Page 14 of 22 GRADING 44. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 45. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 46. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a civil engineer registered in the State of California, B. A preliminary geotechnical ("soils") report prepared by 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 engineer registered in the State of California. All grading shall conform with the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by soils engineer, or engineering geologist registered in the State of California. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. Additionally, the applicant shall replenish said security if expended by the City of La Quinta to comply with the Plan as required by the City Engineer. 47. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall NARESOLUTIONS Pending\CCRES 2013-039 COA.doc Printed August 7, 2013 Page 14 of 22 RESOLUTION NO. 2013-039 CONDITIONS OF APPROVAL TENTATIVE TRACT MAP 36403 CONSTANCE SCHIVARELLI AUGUST 6, 2013 Page 15 of 22 either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 48. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6') of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches (18") behind the curb. 49. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 50. Building pad elevations of perimeter lots shall not differ by more that one foot higher from the building pads in adjacent developments. 51. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 52. Prior to any site: grading or regrading that will raise or lower any portion of the site by more than plus or minus half of a foot (0.5') from the elevations shown on the approved Tentative Tract Map, the applicant shall submit the proposed grading changes to the City Engineer for a substantial conformance review. 53. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor with applicable compaction tests and over excavation documentation. N:\RESOLUTIONS Pending\CCRES 20113-039 COA.doc Printed August 7, 2013 Page 15 of 22 RESOLUTION NO. 2013-039 CONDITIONS OF APPROVAL TENTATIVE TRACT MAP 36403 CONSTANCE SCHIVARELLI AUGUST 6, 2013 Page 16 of 22 Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. DRAINAGE 54. Stormwater handling shall conform with the approved hydrology and drainage report for Tentative Tract Map No. 36403. Nuisance water shall be disposed of in an approved manner. 55. The applicant shall comply with the provisions of LQMC Section 13.24.120 (Drainage), Retention Basin Design Criteria, Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The design storm shall be either the 1 hour, 3 hour, 6 hour or 24 hour event producing the greatest total run off. 56. Nuisance water shall be retained on site. Nuisance water shall be disposed of per approved methods contained in Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. 57. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise and as approved by the City Engineer. 58. The project shall be designed to accommodate purging and blowoff water (through underground piping and/or retention facilities) from any on -site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. 59. No fence or wall shall be constructed around any retention basin unless approved by the Community Development Director and the City Engineer. 60. For on -site above ground common retention basins, retention depth shall be according to Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic N:\RESOLUTIONS Pending\CCRES 2013-039 COA.doc Printed August 7, 2013 Page 16 of 22 RESOLUTION NO. 2013-039 CONDITIONS OF APPROVAL TENTATIVE TRACT MAP 36403 CONSTANCE SCHIVARELLI AUGUST 6, 2013 Page 17 of 22 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. 61. Stormwater may not be retained in landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to LQMC Section 9.100.040(B)(7). 62. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 63. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic drainage relief route. 64. Storm drainage: historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 65. The applicant shall comply with applicable provisions for post construction runoff per the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and the California Regional Water Quality Control Board — Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2013-001 1. A. For post -construction urban runoff from New Development and Redevelopments Projects, the applicant shall implement requirements of the NPDES permit for the design, construction and perpetual operation and maintenance of BMPs per the approved Water Quality Management Plan (WQMP) for the project as required by the California Regional Water Quality Control Board — Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2013-001 1 . B. The applicant shall implement the WQMP Design Standards per (CRWQCB- CRB) Region Board Order No. R7-2013-001 1 utilizing BMPs approved by the City Engineer. A project specific WQMP shall be provided which incorporates Site Design and Treatment BMPs utilizing first flush infiltration as a preferred N:\RESOLUTIONS Pending\CCRES 20113-039 COA.doc Printed August 7, 2013 Page 17 of 22 RESOLUTION NO. 2013-039 CONDITIONS OF APPROVAL TENTATIVE TRACT MAP 36403 CONSTANCE SCHIVARELLI AUGUST 6, 2013 Page 18 of 22 method of NPDES Permit Compliance for Whitewater River receiving water, as applicable. C. The developer shall execute and record a Stormwater Management/BMP Facilities Agreement that provides for the perpetual maintenance and operation of stormwater BMPs. UTILITIES 66. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 67. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 68. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 69. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. Additionally, grease traps and the maintenance thereof shall be located as to not conflict with access aisles/entrances. CONSTRUCTION 70. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly -maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. N:\RESOLUTIONS Pending\CCRES 2013-039 COA.doc Printed August 7, 2013 Page 18 of 22 RESOLUTION NO. 2013-039 CONDITIONS OF APPROVAL TENTATIVE TRACT MAP 36403 CONSTANCE SCHIVARELLI AUGUST 6, 2013 Page 19 of 22 LANDSCAPE AND IRRIGATION 71. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). 72. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 73. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a landscape architect licensed in California. 74. The applicant shall submit all landscape plans for approval by the Community Development Department with green sheet sign off by the Public Works Department. When plan checking has been completed by the Community Development Department, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the Community Development Director. Landscape plans for landscaped medians on public streets shall be approved by the both the Community Development Director and the City Engineer. Where City Engineer approval is not required, the applicant shall submit for green sheet approval by the Public Works Department. Final landscape plans for on -site perimeter and common area planting shall be reviewed by the Architecture and Landscape Review Board and approved by the Planning Commission as a Business Item prior to approval of a Final Map. Final plans shall include all landscaping associated with this project. NOTE: Plans are not approved for construction until signed by the Community Development Director. 75. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Community Development Director. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 24 inches of curbs along public streets. 76. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the American Association of State Highway and Transportation Officials (AASHTO) "A Policy on Geometric Design of Highways and Streets" latest edition, in the design and/or installation of all landscaping and N:IRESOLUTIONS Pending\CCRES 20113-039 COA.doc Printed August 7, 2013 Page 19 of 22 RESOLUTION NO. 2013-039 CONDITIONS OF APPROVAL TENTATIVE TRACT MAP 36403 CONSTANCE SCHIVARELLI AUGUST 6, 2013 Page 20 of 22 appurtenances abutting and within the private and public street right-of-way. PUBLIC SERVICES 77. The applicant shall provide public transit improvements as required by SunLine Transit Agency and as approved by the City Engineer. MAINTENANCE 78. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 79. The applicant shall make provisions for the continuous and perpetual maintenance of perimeter landscaping up to the curb, access drives, sidewalks, stormwater BMPs, and common areas. FEES AND DEPOSITS 80. 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. 81. Tentative Tract Map 36403 shall provide for parks through payment of an in -lieu fee, as specified in LQMC Chapter 13.48. The in -lieu fee (sometimes referred to as the "Quimby 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 82. For residential areas, approved standard fire hydrants, located at each intersection, with no portion of any lot frontage more than a maximum of 500 feet from a hydrant. Minimum fire flow for all residential structures shall be 1000 GPM for a 2- hour duration at 20 PSI. 83. The required water system, including fire hydrants, shall be installed and accepted by NARESOLUTIONS Pending\CCRES 2013-039 COA.doc Printed August 7, 2013 Page 20 of 22 RESOLUTION NO. 2CI13-039 CONDITIONS OF APPROVAL TENTATIVE TRACT MIAP 36403 CONSTANCE SCHIVARELLI AUGUST 6, 2013 Page 21 of 22 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. 84. Applicant/Developer shall mount blue dot retro-reflectors pavement markers on private streets, public streets and driveways to indicated location of the fire hydrant. It should be 8 inches from centerline to the side that the fire hydrant is on, to identify fire hydrant locations. 85. The minimum dimension for gates is 20 feet clear and unobstructed width and a minimum vertical clearance of 13 feet 6 inches in height. Any gate providing access from a road shall be located at least 35 feet setback from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Where a one-way road with a single traffic lane provides access to a gate entrance, a 38-foot turning radius shall be used. 86. Gates may be automatic or manual and shall be equipped with a rapid entry system (KNOX). Plans shall be submitted to the Fire Department for approval prior to installation. Automatic gate pins shall be rated with a shear pin force, not to exceed 30 pounds. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. Automatic gates shall be provided with backup power. 87. Fire Apparatus access road and driveways shall be in compliance with the Riverside County Fire Department Standard number 06-05 (located at www.rvcfire.org). Access lanes will not have an up, or downgrade of more than 15%. Access roads shall have an Unobstructed vertical clearance not less than 13 feet and 6 inches. Access lanes will be designed to withstand the weight of 80 thousand pounds over 2 axles. Access Will have a turning radius capable of accommodating fire apparatus. Access lane shall be constructed with a surface so as to provide all weather driving capabilities COMMUNITY DEVELOPMENT DEPARTMENT 88. A qualified archaeological monitor shall be present on site during any earth moving activities. Should the monitor identify a resource, he/she shall be empowered to stop or redirect earth moving activities until such time as the resource can be properly identified and processed. The archaeological monitor shall be required to prepare a report at the end of earth moving activities and file such report with the Community Development Department within 30 days of completion of monitoring activities for NARESOLUTIONS Pending\CCRES 2013-039 COA.doc Printed August 7, 2013 Page 21 of 22 RESOLUTION NO. 2013-039 CONDITIONS OF APPROVAL TENTATIVE TRACT MAP 36403 CONSTANCE SCHIVARELLI AUGUST 6, 2013 Page 22 of 22 any building on the project site. 89. On- and off -site trenching and rough grading shall be monitored by a qualified paleontologist. The monitor shall salvage fossils, and shall be empowered to temporarily halt or divert equipment. Recovered specimens shall be prepared to the point of identification and permanent preservation. All excavation below a depth of two feet should be monitored to mitigate the impact on fossil vertebrates that may be present. The paleontologist monitor shall deliver a report of any findings within 30 days of the conclusion of precise grading on the site to the Community Development Department. 90. Mitigation shall include a minimum mandatory removal of at least the upper 6 feet of existing soils beneath the existing ground surface and replaced as properly - compacted soil. Mitigation shall include soil improvement and rigid mat foundations. Flexible connections to utilities at the foundation interface are highly recommended, as are increased slopes for gravity flow sewer pipelines. Because of the potential for differential settlement, the use of post -tensioned slabs resting on at least 36 inches of properly compacted fill material for structural support shall be required. The recommended measures identified in the project's Geotechnical Report shall be implemented. 91. As Madison Street is a General Plan -designated Image Corridor, structures on lots 9 — 1 1 shall be limited to single -story, with a maximum building height of 22 feet. 92. Review of architecture and landscaping for production and/or individual custom homes, shall be subject to LQMC Section 9.60.330 and 9.60.340, as applicable. The Community Development Director shall determine if the unit(s) applied for constitute custom homes or production -level units. N:\RESOLUTIONS Pending\CCRES 2013-039 COA.doc Printed August 7, 2013 Page 22 of 22