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CC Resolution 2016-036RESOLUTION NO. 2016 - 036 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A PROPOSAL TO SUBDIVIDE AN APPROXIMATELY 4.6 ACRE SITE INTO TEN RESIDENTIAL LOTS AND FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT CASE NUMBER: TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH WHEREAS, the City Council of the City of La Quinta, California did, on the 2nd day of August, 2016, hold a_ duly noticed Public Hearing, as continued from the regularly -scheduled Public Hearing on July 19, 2016, to consider Tentative Tract Map 36817 (TTM 2014-1004), a request by Essi Shahandeh to subdivide approximately 4.6 acres into ten residential lots, generally located on Monroe Street, between Avenue 54 and Airport Boulevard, more particularly described as: APN: 767-580-014 WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on July 8, 2016 as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and, 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 recommendation of said Tentative Tract Map: 1. 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 2.1 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. 2. 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. Resolution No. 2016-036 Tentative Tract Map 36817 (TTM 2014-1004) Adopted: August 2, 2016 Page 2 of 3 3. The design of the tentative tract map and the proposed improvements are not likely to cause substantial environmental damage nor substantially injure fish or wildlife or their habitat. The Design and Development Department has determined that this project is exempt from environmental review pursuant to Section 15332 (Class 32) of the California Environmental Quality Act in that the proposed project can be characterized as in -fill development. 4. 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. 5. 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. 6. 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. 7. 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 access is provided within the project and to adjacent public streets. Resolution No. 2016-036 Tentative Tract Map 36817 (TTM 2014-1004) Adopted: August 2, 2016 Page 3 of 3 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 36817 (TTM2014-1004) 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 City of La Quinta City Council, held on this the 2nd day of August, 2016, by the following vote: AYES: Council Members Franklin, Osborne, Pena, Radi, Mayor Evans NOES: None ABSENT: None ABSTAIN: None LINDA EVANS, Mayor City of La Quinta, California ATTEST: SUSAN MAYSELS, City Clerk/ City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California CITY COUNCIL RESOLUTION 2016-036 CONDITIONS OF APPROVAL - FINAL TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: AUGUST 2, 2016 Page 1 of 24 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Tract Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. 2. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense.. 3. This Tentative Tract Map, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code §§ 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 4. This Tentative Tract Map shall expire on August 2, 2018, 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 13.12.160 (Extensions of time for tentative maps). 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: • Riverside County Fire Marshal • La Quinta Design and Development Department (Grading Permit, Green Sheet (Development Services Clearance) for Building Permits, Water Quality Management Plan(WQMP) Exemption Form - Whitewater River Region, Improvement Permit) • Riverside Co. Environmental Health Department • Coachella Valley Unified School District (CVUSD) • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Regional Water Quality Control Board (CRWQCB) • State Water Resources Control Board CITY COUNCIL RESOLUTION 2016-036 CONDITIONS OF APPROVAL - FINAL TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: AUGUST 2, 2016 Page 2 of 24 • 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 the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. 6. 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 or building permit. 7. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; the California Regional Water Quality Control Board - Colorado River Basin Region Board Order No. R7-2013-0011 and the State Water Resources Control Board's Order No. 2012-0006-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the 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. 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). CITY COUNCIL RESOLUTION 2016-036 CONDITIONS OF APPROVAL - FINAL TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: AUGUST 2, 2016 Page 3 of 24 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. D. 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. E. 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. F. 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. 8. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual attorney's fees incurred bythe CityAttorneyto 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. 9. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual consultant's fees incurred by the City for engineering and/or surveying consultants to review and/or modify any documents or instruments required by this project. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. CITY COUNCIL RESOLUTION 2016-036 CONDITIONS OF APPROVAL - FINAL TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: AUGUST 2, 2016 Page 4 of 24 PROPERTY RIGHTS 10. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 11. Pursuant to the aforementioned condition, conferred rights shall include approvals from the master developer 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. 12. The applicant shall offer for dedication on the Final Map all public street right-of- ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 13. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Monroe Street (Primary .Arterial) .- 54 feet from the centerline of Monroe Street for a total 108-foot ultimate developed right of way. 14. The applicant shall retain for private use on the Final Map all private street right- of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 15. The private street right-of-ways to be retained for private use required for this development include: A. PRIVATE STREETS Private residential streets measured gutter flow line to gutter flow line shall have a 36-foot travel width. The travel width may be reduced to 32 feet with parking restricted to one side, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed and approved by the Design and Development Department prior to recordation. CITY COUNCIL RESOLUTION 2016-036 ^ CONDITIONS OF APPROVAL - FINAL TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: AUGUST 2, 2016 Page 5 of 24 B. CUL DE SACS 1) The cut de sac shall conform to the shape shown on the tentative map with a 38-foot-curb radius at the bulb or larger as shown on the tentative map. 16. Right-of-way geometry for standard cul-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. 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 inch 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) andbus stop turnout(s). The geometric layout shall -be -accompanied -with -sufficient professionaf-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 right- of-ways shown on the approved Tentative Tract Map are necessary prior to approval of the Final Map dedicating such right-of-ways, the applicant shall grant the necessary right -of --ways within 60 days of a written request by the City. 19. The applicant shall offer for dedication on the Final Map a ten -foot wide public utility easement contiguous with, and along the south side of the private street. Such easement may be reduced to five feet in width with the express written approval of IID. .20. The applicant shall create perimeter landscaping setbacks along all public right-of- ways as follows: A. Monroe Street (Primary Arterial) - 20 .feet from the R/W-P/L. The listed setback depth shall be the average depth where a meandering wall design is approved. CITY COUNCIL RESOLUTION 2016-036 CONDITIONS OF APPROVAL - FINAL TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: AUGUST 2, 2016 Page 6 of 24 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. 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 Monroe Street from lots with frontage along Monroe Street is restricted, or as otherwise conditioned in these conditions of approval. The vehicular access' restriction shall be shown on the recorded final tract map. 23. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 24. The applicant acknowledges the rights of the Public for Roads, Public Utilities and Public Service uses over the northerly 40 feet of the property as, described in a Declaration of Dedication recorded November 6, 1972 as Instrument 147986 of Official Records. The applicant acknowledges the rights of the adjacent property owner to the west (currently identified as APN 767-580-013) in that they hold an easement for ingress and egress described in a Corporation Grant Deed recorded November,28, 1972 as Instrument 157027 of Official Records, which is junior to the aforementioned Declaration of Dedication. The applicant shall maintain the neighbors rights by offering the adjacent owner an ingress and egress easement over the reconfigured Lot A on the Final Map. Upon completion and acceptance, by City Engineer, of construction of the street improvements and all on -site improvements over reconfigured Lot A and granting of an ingress and egress easement over the reconfigured Lot A to the adjacent owner, applicant shall apply for. the existing easement for Public Roads, Public Utilities and Public Service uses over the northerly 40 feet of the property as described in the aforementioned - Declaration of Dedication recorded November 6, 1972 as Instrument 147986 of Official Records to be vacated by the City. 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. CITY COUNCIL RESOLUTION 2016-036 CONDITIONS OF APPROVAL - FINAL TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: AUGUST 2, 2016 Page 7 of 24 FINAL MAPS 25. 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 inch = 40 feet 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. 26. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of Section 13.24.040 (Improvement Plans), LQMC. 27. The following improvement plans shall be prepared and submitted for review and approval by the Design and Development 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. B. C. D. E. F. On -Site Rough Grading Plan PM10 Plan SWPPP WQMP 1 inch = 40 feet Horizontal 1 inch = 40 feet Horizontal 1 inch = 40 feet Horizontal (Plan submitted in Report Form) NOTE: A through D to be submitted concurrently. Off -Site Street Improvements/Storm Drain Plan 1 inch = 40 feet Horizontal, 1 inch = 4 feet Vertical Off -Site Signing & Striping Plan 1 inch = 40 feet Horizontal CITY COUNCIL RESOLUTION 2016-036 CONDITIONS OF APPROVAL - FINAL TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: AUGUST 2, 2016 Page 8 of 24 The Off -Site street improvement plans shall have separate plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, mounding, and berming design in the combined parkway and landscape setback area. G. On -Site Street Improvements/Signing & Striping/Storm Drain Plan 1 inch = 40 feet Horizontal, 1 inch= 4 feet Vertical NOTE: E through F to be submitted concurrently. (Separate Storm Drain Plans if applicable) The following plans shall be submitted to the Building and Safety Division for review and approval. The plans shall utilize the minimum scale specified, unless otherwise authorized by the Building Official 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 improvements plans not listed here pursuant to improvements required by other agencies and utility purveyors. H. On -Site Residential Precise Grading Plan 1 inch = 30 feet Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formatted 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 hydrant) and Street name Signs per Public Works Standard Plans and/or as approved by the Design and Development 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 one (1) foot of cover, or sufficient cover to clear any adjacent obstructions. 28. 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 Division at the City website (www.la- CITY COUNCIL RESOLUTION 2016-036 CONDITIONS OF APPROVAL - FINAL TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: AUGUST 2, 2016 Page 9 of 24 quinta.org). Please navigate to the Public Works Division home page and look for the Standard Drawings hyperlink. 29. The applicant shall furnish a complete set of all approved improvement plans on a storage media acceptable to the City Engineer (currently mylars). 30. 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 31. Prior to approval of any Final Map, the applicant shall construct all on and off -site improvements and satisfy its obligations for some, 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. 32. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Tract Map, shall comply with the provisions of Chapter 13.28 (Improvement Security), LQMC. 33. 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. 34. 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. CITY COUNCIL RESOLUTION 2016-036 CONDITIONS OF APPROVAL - FINAL TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: AUGUST 2, 2016 Page 10 of 24 B. Construct additional off -site improvements, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this tentative tract map. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these actions, as the City may require. Off -Site Improvements should be completed on a first priority basis. The applicant shall complete Off -Site Improvements in the first phase of construction or by the issuance of the 20 % Building Permit. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 35. If the applicant elects to utilize the secured agreement alternative pursuant to Condition #31, and for purposes of Condition #107, 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 inches x 11 inches reduction of each page of the Final Map, along with a copy of an 8-1/2 inches x 11 inches 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. 36. 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 CITY COUNCIL RESOLUTION 2016-036 CONDITIONS OF APPROVAL - FINAL TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: AUGUST 2, 2016 Page 11 of 24 inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. GRADING 37. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 38. 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. 39. 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. Grading plan shall show the proposed location of the Temporary Access Road as described in Condition No. 38, B. On -Site Street Improvement and Signing & Striping Plan. C. An application for an encroachment permit to do any work within the 40 foot public right of way easement on the northerly part of the property. Applicant shall submit a restoration bond for replacement of the roadway improvements currently within the easement to the satisfaction of the City Engineer. D. A preliminary geotechnical ("soils") report prepared by an engineer registered in the State of California, E. A Fugitive Dust Control Plan prepared in accordance with LQMC Chapter 6.16, (Fugitive Dust Control), and F. 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). G. 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. CITY COUNCIL RESOLUTION 2016-036 CONDITIONS OF APPROVAL - FINAL TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: AUGUST 2, 2016 Page 12 of 24 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. 40. At all times the applicant shall maintain the rights of the public and the westerly neighbor for access in the public easement located in the northerly 40 of the subject property as identified in Condition 24. In the event the applicant must interrupt ingress and egress over this area to construct the improvements in LotA as proposed on the Tentative Map, the applicant shall grant to the City a Temporary Access Easement and shall construct an access road in compliance with the requirements below for the purpose of maintaining the interests of the Public and ingress and egress to the westerly neighbor. Upon completion of improvements in Lot A, the Temporary Access Easement shall terminate and the temporary road may be removed. Fire Apparatus temporary access road shall be in compliance with the Riverside County Fire Department Standard number 06-06 (located at www.rvcfire.org). Temporary access road will not have an up, or downgrade of more than 15%. Temporary access road shall have an unobstructed vertical clearance not less than 13 feet and 6 inches. Temporary access road will be designed to withstand the weight of 60 thousand pounds over 2 axles. Access will have a turning radius capable of accommodating fire apparatus. Temporary access road shall be constructed with a surface so as to provide all weather driving capabilities. 41. 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 feet) 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 (1.5) inches in the first eighteen (18) inches behind the curb. 42. 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 CITY COUNCIL RESOLUTION 2016-036 CONDITIONS OF APPROVAL - FINAL TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: AUGUST 2, 2016 Page 13 of 24 the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 43. Building pad elevations of perimeter lots shall not differ by more that one foot from the building pads in adjacent developments. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 44. 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 foot) 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. 45. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor with applicable compaction tests and over excavation documentation. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. DRAINAGE 46. Stormwater handling shall conform with the approved hydrology and drainage report for Tract Map No. 36817. Nuisance water shall be disposed of in an approved manner. 47. 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. CITY COUNCIL RESOLUTION 2016-036 CONDITIONS OF APPROVAL - FINAL TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: AUGUST 2, 2016 Page 14 of 24 48. 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. 49. 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. 50. 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. 51. No fence or wall shall be constructed around any retention basin unless approved by the Planning Manager and the City Engineer. Walls required for noise attenuation are not included in this restriction. 52. 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. 53. 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). 54. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 55. 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. 56. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. CITY COUNCIL RESOLUTION 2016-036 CONDITIONS OF APPROVAL - FINAL TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: AUGUST 2, 2016 Page 15 of 24 57. The applicant shall comply with applicable provisions for post construction runoff per the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and the California Regional Water Quality Control Board - Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2013-0011 and the State Water Resources Control Board's Order No. 2012-0006-DWQ. A. For post -construction urban runoff from new development and redevelopment projects, the applicant shall implement requirements of the NPDES permit for the design, construction and perpetual operation and maintenance of BMPs per the approved Water Quality Management Plan (WQMP) for the project as required by the California Regional Water Quality Control Board - Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2013-0011. B. The applicant shall implement the WQMP Design Standards per (CRWQCB- CRB) Region Board Order No. R7-2013-0011 utilizing BMPs approved by the City Engineer. A project specific WQMP shall be provided which incorporates Site Design and Treatment BMPs utilizing first .flush infiltration as a preferred method of NPDES Permit Compliance for Whitewater River receiving water, as applicable. C. The developer shall execute and record a Stormwater Management/BMP Facilities Agreement that provides for the perpetual maintenance and operation of stormwater BMPs. UTILITIES 58. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 59. 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. 60. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. CITY COUNCIL RESOLUTION 2016-036 CONDITIONS OF APPROVAL - FINAL TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: AUGUST 2, 2016 Page 16 of 24 All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 61. 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. STREET AND TRAFFIC IMPROVEMENTS 62. 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. 63. Streets shall have vertical curbs or other approved curb configurations that will convey water without ponding, and provide lateral containment of dust and residue during street sweeping operations. If a wedge or rolled curb design is approved, the lip at the flowline shall be near vertical with a 1/8" batter and a minimum height of 0.1'. Unused curb cuts on any lot shall be restored to standard curb height prior to final inspection of permanent building(s) on the lot. 64. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS 1) Monroe Street (Primary Arterial): Widen the west side of the street along all frontage adjacent to the Tentative Map boundary to its ultimate width on the west side as specified in the General Plan and the requirements of these conditions. Rehabilitate and/or reconstruct existing roadway pavement as necessary to augment and convert it from a rural county -road design standard to La Quinta's urban arterial design standard. The west curb face shall be located thirty- nine feet (39') west of the centerline, except at locations where additional street width is needed to accommodate: a) Bus turnout (if required by Sunline Transit) CITY COUNCIL RESOLUTION 2016-036 CONDITIONS OF APPROVAL - FINAL TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: AUGUST 2, 2016 Page 17 of 24 Other required improvements in the Monroe Street right or way and/or adjacent landscape setback area include: b) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. c) 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that touches the back of curb at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet, and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within five (5) feet of the multi -use trail at intervals not to exceed 250 feet. d) Half width of a 16-foot wide raised landscaped median along the entire boundary of the Tentative Tract Map or as approved by the City Engineer. Left turn out and left turn in movements are restricted. The applicant shall extend improvements beyond the subdivision boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). B. PRIVATE STREETS 1) Private Residential Streets measured at gutter flow line to gutter flow line shall have a 32-foot travel width with parking restricted to one side and provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed and approved by the Design and Development Department prior to recordation. 2) The location of driveways of corner lots shall not be located within the curb return and away from the intersection when possible. C. PRIVATE CUL DE SACS 1) Shall be constructed according to the lay -out shown on the tentative map with 38-foot curb radius or greater at the bulb similar to the layout shown on the rough grading plan. CITY COUNCIL RESOLUTION 2016-036 CONDITIONS OF APPROVAL - FINAL TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: AUGUST 2, 2016 Page 18 of 24 65. All gated entries shall provide for a three -car minimum stacking capacity for inbound traffic to be a minimum length of 62 feet from call box to the street; and shall provide for a full turn -around outlet for non -accepted vehicles. Where a gated entry is proposed, the applicant shall demonstrate that those passenger vehicles that do not gain entry into the development can safely make a full turn -around (minimum radius to be 24 feet) out onto the main street from the gated entry. Pursuant to said condition, there shall be a minimum of twenty five feet width provided at the turn -around opening provided. Two lanes of traffic shall be provided on the entry side of each gated entry, one lane shall be dedicated for residents, and one lane for visitors. The two travel lanes shall be a minimum of 20 feet of total paved roadway surface or as approved by the Fire Department. Entry drives, main interior circulation routes, standard knuckles, corner cutbacks, bus turnouts, dedicated turn lanes and other features shown on the approved construction plans, may require additional street widths as may be determined by the City Engineer. 66. 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 inches a.c./4.5 inches c.a.b. Primary Arterial 4.5 inches a.c./6.0 inches c.a.b. or the approved equivalents of alternate materials. 67. 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. 68. General access points and turning movements of traffic are limited to the following: Primary Entry (Monroe Street): Right turn in, and right turn out. CITY COUNCIL RESOLUTION 2016-036 CONDITIONS OF APPROVAL - FINAL TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: AUGUST 2, 2016 Page 19 of 24 69. 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. 70. 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. CONSTRUCTION 71. 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. FIRE PROTECTION 72. 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 1500 GPM for a two hour duration at 20 PSI. 73. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. Two sets of water plans are to be submitted to the Fire Department for approval. 74. 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. 75. 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. CITY COUNCIL RESOLUTION 2016-036 CONDITIONS OF APPROVAL - FINAL TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: AUGUST 2, 2016 Page 20 of 24 76. 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. 77. 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. 78. Roadways may not exceed 1,320 feet without secondary access. This access may be restricted to emergency vehicles only however, public egress must be unrestricted. 79. Any turn -around requires a minimum 38-foot turning radius. LANDSCAPE AND IRRIGATION 80. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). 81. Prior to issuance of any grading permit, the applicant shall submit a Final Landscape Plan application (FLP) for review and approval before the Architecture and Landscape Review Board, or successor board or commission as established by the City Council (ALRB). The landscape plans shall include appropriate data to confirm compliance with Section9.50.100 of the LQMC, regarding provision of a minimum 25% open space throughout the tract, consistent with the approved TT 36817 exhibit. All such open space shall be shown to be accessible for passive and/or active recreational use. The FLP shall have been approved by the ALRB prior to recordation of TT 36817. 82. After approval by the ALRB, the applicant shall process all landscape plans for final approval by the Planning Division with green sheet sign off by the Development Services Division, if applicable. When plan checking has been completed by the Planning Division, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the Planning Manager. Landscape plans for landscaped medians on public streets shall be approved by both the Planning Manager and -the City Engineer. Where City Engineer approval is not required, the applicant shall submit for green sheet approval by the Development Services Division. CITY COUNCIL RESOLUTION 2016-036 CONDITIONS OF APPROVAL - FINAL TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: AUGUST 2, 2016 Page 21 of 24 83. The final landscape plan submittal shall incorporate the following provisions: A. Incorporation of a six-foot high block wall at Lot Band Lot C, and at Lot land Lot C. 84. Final field inspection of all landscaping materials, including all vegetation, hardscape and irrigation systems is required by the Planning Division prior to final project sign -off by the Planning Division. Prior to such field inspection, written verification by the project's landscape architect of record stating that all vegetation, hardscape and irrigation systems have been installed in accordance with the approved final landscape plans shall be submitted to the Planning Division. 85. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Manager. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 24 inches of curbs along public streets. 86. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the AASHTO "A Policy on Geometric Design of Highways and Streets" or latest edition, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right-of-way. 87. Lighting plans shall be submitted with the final landscaping plans for a recommendation to the Planning Director for his approval. Exterior lighting shall be consistent with LQMC Section 9.100.150 (Outdoor Lighting). PUBLIC SERVICES 88. The applicant shall provide public transit improvements as may be required by SunLine Transit Agency and approved by the City Engineer. MAINTENANCE 89. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 90. 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 91. 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. CITY COUNCIL RESOLUTION 2016-036 CONDITIONS OF APPROVAL - FINAL TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: AUGUST 2, 2016 Page 22 of 24 92. Permits issued under this approval shall be subject to the provisions of the Transportation Uniform Mitigation Fee and Development Impact Fee programs in effect at the time of issuance of building permit(s). 93. Provisions shall be made to comply with the terms and requirements of the City's adopted Art in Public Places program in effect at the time of issuance of building permits. 94. Tentative Tract 36817 shall provide for parks through payment of an in -lieu fee, as specified in Chapter 13.48, LQMC. Based on the requirements of Section 13.48.050 LQMC, the amount of park land required for 11 lots is 0.084 acres. The in -lieu payment shall be based upon this acreage requirement, and on the fair market value of the land within the subdivision. Land value information shall be provided to the Planning Director, via land sale information, a current fair market value appraisal, or other information on land value within the subdivision. Payment of the in -lieu fee shall be made prior to, or concurrently with recordation of the first final map within the tentative map. 95. A fee shall be paid to Riverside County, as required by the County to post the Notice of Determination and offset costs associated with AB 3158 (Fish and Game Code 711.4). The fee shall be based on the established County fee schedule for filing a Negative Declaration for posting. The fee is to be payable to Riverside County, and is due to the Planning Department within 24 hours of City Council approval. 96. Applicant shall pay the fees as required by the Coachella Valley Unified School District, as in effect at the time requests for building permits are submitted. 97. Permits issued under this approval shall be subject to the Coachella Valley Multi -Species Habitat Conservation Plan/Natural Community Habitat Conservation Plan Mitigation Fee, in accordance with LQMC Chapter 3.34. PLANNING DIVISION 98. Within 30 days of the initiation of any ground disturbing activity on the project site, the project proponent shall cause a protocol -compliant burrowing owl survey to be completed, submitted to the Planning Division, and approved. Should the species be identified on the site, the biologist's recommendations for relocation shall be implemented prior to the issuance of any ground disturbance permit. 99. In the event of an unanticipated discovery, all work must be suspended within 50 feet of the find until a qualified archaeologist evaluates it. In the unlikely event that human remains are encountered during project development, all work must cease near the find immediately. In accordance with California Health and Safety Code Section 7050.5, the CITY COUNCIL RESOLUTION 2016-036 CONDITIONS OF APPROVAL - FINAL TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: AUGUST 2, 2016 Page 23 of 24 County Coroner must be notified if potentially human bone is discovered. The Coroner will then determine within two working days of being notified if the remains are subject to his or her authority. If the Coroner recognizes the remains to be Native American, he or she shall contact the Native American Heritage Commission (NAHC) by phone within 24 hours, in accordance with Public Resources Code Section 5097.98. The NAHC will then designate a Most Likely Descendant (MLD) with respect to the human remains. The MLD then has the opportunity to recommend to the property owner or the person responsible for the excavation work means for treating or disposing, with appropriate dignity, the human remains and associated grave goods. Work may not resume in the vicinity of the find until all requirements of the health and safety code have been met. If any resource recovery occurs, a final report shall be submitted to the Design and Development Department prior to the issuance of the first Certificate of Occupancy for the project. 100. Review of architecture and landscaping for production and/or individual custom homes, shall be subject to Title 9, Section 9.60.330 and 9.60.340, LQMC, as applicable. The Planning Division shall determine if the units applied for constitute custom or production -level units. Any custom home design guidelines that may be required shall be reflected or referenced in the CC&R's for TTM 36817. 101. For any new and existing walls or wall sections, including any, entry and property line walls, a master wall plan shall be subject to review and approval by the Planning Division. The master wall plan shall specify colors and materials to be used for all existing and proposed walls, capping, pilasters, entry monuments, planters, and any other such features, as may be applicable. 102. Street name approval shall be required for Lot A, as proposed on the Tentative Tract Map exhibit. Street name(s) shall be reviewed by the Design and Development Department and Fire Department at or prior to final map plan checking. 103. As Monroe Street is a General Plan -designated Image Corridor, buildings within one hundred fifty feet of the edge of right-of-way shall be limited to single -story, with a maximum building height of 22 feet. 104. The CC&R's shall contain a disclosure that notifies potential owners that the property is within and adjacent to the City's Equestrian Overlay District zoning overlay. 105. Residential Lots 1 through 10 as depicted on the approved Tentative Tract Map shall be restricted to single -story units, not to exceed 22 feet in height. This restriction shall be incorporated into the project CC&R's, referencing this Condition number. Compliance with this restriction shall be verified during review of precise grading plan submittal(s). 106. A site development permit consisting of architectural and landscaping plans shall be CITY COUNCIL RESOLUTION 2016-036 CONDITIONS OF APPROVAL - FINAL TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: AUGUST 2, 2016 Page 24 of 24 reviewed and approved at a duly noticed public hearing by the Planning Commission. 107. Pursuant to Section 13.20.100, which allows the City and subdivider to modify by agreement the general requirement to enter into a Subdivision Improvement Agreement prior to the approval of a final map if improvements have not been constructed, the City and applicant shall, as a separate condition of approval of the tentative map, enter into an agreement, prior to issuance of a grading permit, with the terms and conditions that are generally applicable to the City's standard Subdivision Improvement Agreement, with the following specific terms: (1) the applicant will complete the on -site private street, utilities and curb & gutter, within a deadline specified in the agreement, not to exceed 1 year from the date of issuance of the grading permit; (2) the applicant will provide security in favor of the city for the faithful payment and performance of the above on -site improvements within the deadline specified in the agreement; (3) all on -site improvements subject to this agreement will be within the approximately 65-feet of Lot A as shown on the tentative map. This condition is expressly agreed to by the applicant based on its representations during the public hearing held on July 19, 2016, during which the applicant voluntarily offered to enter into an agreement to ensure the timely and concurrent completion of the private road and utilities within the approximately 65-feet of Lot A. This condition shall be in addition to and read in conjunction with, and does not supplement or supersede, the other conditions of approval, except as follows: (a) upon the execution of the agreement required by this condition, the applicant shall not be required to post a restoration bond for an encroachment permit required by Condition #39C; and (b) if the on -site improvements are completed or the City commences proceedings to collect on the payment and performance bonds for the on -site improvements pursuant -to the agreement required by this condition, then the applicant will not be required to comply with Condition #31 to the extent Condition #31 wily not apply to the improvements delineated in this condition.