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CC Resolution 2001-033RESOLUTION NO. 2001-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING DEVELOPMENT PLANS FOR A RESTAURANT AND OFFICE BUILDING AT THE NORTHEAST CORNER OF WASHINGTON STREET AND LAKE LA QUINTA DRIVE CASE NO.: SITE DEVELOPMENT PERMIT 2001-690 OMRI SIKLAI WHEREAS, the City Council of the City of La Quinta did on the 3rd day of April, 2001, hold a duly noticed public hearing to consider the request of OMRI SIKLAI for approval of development plans for a restaurant and office building, located on the northeast corner of Washington Street and Lake La Quinta Drive, more particularly described as: Parcel 5, Parcel Map 27892 WHEREAS, said Site Development Permit has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-68), in that the Community Development Department has conducted an Initial Study (Environmental Assessment 2001-412), and determined that the proposed Site Development Permit will not have a significant impact on the environment and a Mitigated Negative Declaration of Environmental Impact has been certified; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 13T" day of March, 2001, hold a duly noticed Public Hearing to consider the Site Development Permit, and did adopt Resolution 2001-031, recommending approval, subject to the Findings and Conditions of Approval; 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 find the following facts and reasons to justify the approval of the Site development Permit: The project is consistent with the General Plan in that the property proposed for the commercial project is designated as Regional Commercial which is consistent. 2. This project has been designed to be consistent with the provisions of the Zoning Code, Specific Plan, and applicable Site Development Permit or has be conditioned to be so. Resolution No. 2001-33 Site Development Permit 2001-690 Adopted: April 3, 2001 Page 2 3. Processing and approval of this project is in compliance with the requirements of the California Environmental Quality Act in that the Community Development Department has determined that this Conditional Use Permit will not have a significant impact on the environment and a Mitigated Negative Declaration of Environmental Impact has been certified. 4. The site design of the project, including but not limited to project entries, interior circulation, pedestrian and bicycle access, pedestrian amenities, screening of equipment and trash enclosures, exterior lighting, and other site design elements are compatible with surrounding development and with the quality of design prevalent in the city in that the design as conditioned has addressed these issues. 5. Project landscaping, including but not limited to the location, type, size, color, texture, and coverage of plant materials has been designed so as to provide relief, complement buildings, visually emphasize prominent design elements and vistas, screen undesirable views, provide a harmonious transition between adjacent land uses and between development and open space, provide an overall unifying influence, enhance the visual continuity of the project, and complement the surrounding project area, ensuring lower maintenance and water use. The landscaping has been designed to be compatible with the surrounding area, complement the proposed improvements and provide required shading of the parking area with the inclusion of additional planters adjacent to the building. 6. One sign for the restaurant has been shown conceptually on the east side of the building. The project has been conditioned to submit a sign program for approval by the Planning Commission. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1 . That the above recitations are true and correct and constitute the findings of the City Council in this case. 2. That it does hereby approve the above -described Site Development Permit request for the reasons set forth in this Resolution, subject to the attached Conditions of Approval. Resolution No. 2001-33 Site Development Permit 2001-690 Adopted: April 3, 2001 Page 3 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 3rd day of April, 2001, by the following vote to wit: AYES: Council Members Henderson, Perkins, Sniff, Mayor Pena NOES: Council Member Adolph ABSENT: None ABSTAIN: None JOHWJVPENA, a or City of La Quinta, California ATTEST: 1 JU IE REEK, CMC, City C4e&k City of La Quinta, California (City Seal) APPROVED AS TO FORM: d2 M. KAT ERINE JENSO , City Attorney City of La Quinta, California RESOLUTION NO. 2001-33 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2001-690 OMRI SIKLAI APRIL 3, 2001 GENERAL 1 . The use of the subject property for commercial uses shall be in conformance with the approved exhibits and conditions of approval contained in Site Development Permit 2001-690, Conditional Use Permit 2001-056, Specific Plan 2001-052, and Environmental Assessment 2001-412, unless otherwise amended by the following conditions. 2. The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this development application. 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. 3. Prior to the issuance of a grading, construction or building permit, the applicant shall obtain permits and/or clearances from the following public agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. Resolution No. 2001-33 Conditions of Approval - Final Site Development Permit 2001-690 Omri Siklai April 3, 2001 Page 2 IMPROVEMENT PLAN 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. 4. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and landscape architects, as appropriate. Plans shall be submitted on 24" x 36" media in the categories of "Rough Grading," "Precise Grading," "Streets & Drainage," and "Landscaping." Precise grading plans shall have signature blocks for Community Development Director and the Building Official. All other plans shall have signature blocks for the City Engineer. Plans are not approved for construction until they are signed. "Streets and Drainage" plans shall normally include signals, sidewalks, bike paths, entry drives, gates, and parking lots. "Landscaping" plans shall normally include irrigation improvements, landscape lighting and entry monuments. "Precise Grading" plans shall normally include perimeter walls. Plans for improvements not listed above shall be in formats approved by the City Engineer. 5. The City may maintain standard plans, details and/or construction notes for elements of construction. For a fee established by City resolution, the applicant may acquire standard plan and/or detail sheets from the City. 6. When final plans are approved by the City, the applicant shall furnish accurate AutoCad files of the complete, approved plans on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. At the completion of construction and prior to final acceptance of improvements, the applicant shall update the files to reflect as -constructed conditions. If the plans were not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the plans. Resolution No. 2001-33 Conditions of Approval - Final Site Development Permit 2001-690 Omri Siklai April 3, 2001 Page 3 GRADING 7. If applicant proposes grading/fill operations that encroach on existing retention basins, applicant shall provide additional hydrology calculations proving the new retention basin configuration meets the hydrological requirements and the requirements of Engineering Bulletin #97-03. 8. Prior to issuance of a grading permit, the applicant shall furnish an approved grading plan prepared by a qualified engineer. 9. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape areas outside the right of way unless otherwise approved by the City Engineer. 10. Prior to occupation of the project site for construction purposes, the applicant shall submit and receive approval of a fugitive dust control plan prepared in accordance with Chapter 6.16, LQMC. The Applicant shall furnish security, in a form acceptable to the city, in an amount sufficient to guarantee compliance with the provisions of the permit. 1 1 . The applicant shall maintain graded, undeveloped land to prevent wind and water erosion of soils. The land shall be planted with interim landscaping or provided with other erosion control measures approved by the Community Development and Public Works Departments. 12. Prior to issuance of building permits, the applicant shall provide building pad certifications stamped and signed by qualified engineers or surveyors. For each pad, the certification shall list the approved elevation, the actual elevation, the difference between the two, if any, and pad compaction. The data shall be organized by lot number and listed cumulatively if submitted at different times. DRAINAGE 13. Stormwater handling shall conform with the approved hydrology and drainage plan for Lake La Quinta. Nuisance water shall be retained on -site and disposed of in an approved manner. Resolution No. 2001-33 Conditions of Approval - Final Site Development Permit 2001-690 Omri Siklai April 3, 2001 Page 4 UTILITIES 14. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within the right of way and all above -ground utility structures including, but not limited to, traffic signal cabinets, electrical vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 15. 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 trench compaction for approval of the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 16. Parking lot entry off Caleo Bay shall have a minimum width of 28-feet per Riverside County Standard Drawing 207. 17. The applicant may be required to extend improvements beyond development 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). 18. Improvements shall be designed and constructed in accordance with the LQMC, adopted standards, supplemental drawings and specifications, and as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 19. Knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #801 and #805 respectively unless otherwise approved by the City Engineer. 20. The applicant shall design street pavement sections using Caltrans' design procedure (20-year life) and site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows (or approved equivalents for alternate materials): Residential & Parking Areas 3.0" a.c./4.50" c.a.b. Resolution No. 2001-33 Conditions of Approval - Final Site Development Permit 2001-690 Omri Siklai April 3, 2001 Page 5 21. The City will conduct final inspections of homes and other 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 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 tract or when directed by the City, whichever comes first. LANDSCAPING 22. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn shall be minimized with no lawn or spray irrigation within 18 inches of curbs along public streets. 23. Prior to issuance of building permits for the building authorized for this property, final landscape working drawings shall be approved by the Community Development Department. Compliance with the City Water Efficient Landscaping Ordinance shall be included. Tree caliper sizes per industry standards shall be specified. 24. Prior to issuance of building permits for the building authorized for this property, final working drawings shall be approved by the Community Development Department. 25. Revise the Landscape plans to include planter areas adjacent to the building on the north and east sides. QUALITY ASSURANCE 26. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 27. The applicant shall employ or retain qualified civil engineers, geotechnical engineers, surveyors, or other appropriate professionals to provide sufficient construction supervision to be able to furnish and sign accurate record drawings. 28. The applicant shall arrange and bear the cost of measurement, sampling and testing procedures not included in the City's inspection program but required by the City as evidence that construction materials and methods comply with plans, specifications and applicable regulations. Resolution No. 2001-33 Conditions of Approval - Final Site Development Permit 2001-690 Omri Siklai April 3, 2001 Page 6 29. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all improvement plans which were signed by the City. Each sheet shall be clearly marked "Record Drawings," "As -Built" or "As -Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. The applicant shall revise the CAD or raster -image files previously submitted to the City to reflect as -constructed conditions. MAINTENANCE 30. The applicant shall make provisions for continuous, perpetual maintenance of all on -site improvements, perimeter landscaping, access drives, and sidewalks. The applicant shall maintain required public improvements until expressly released from this responsibility by the appropriate public agency. FEES AND DEPOSITS 31. The applicant shall pay the City's established fees for plan checking and construction inspection. Fee amounts shall be those in effect when the applicant makes application for plan checking and permits. 32. Within three days after City Council approval, a check for $78.00, made out to the County of Riverside, shall be submitted to the Community Development Department for filing of the required Notice of Determination. MISCELLANEOUS 33. A 3'-6" decorative screen wall shall be provided around the perimeters of the parking lot portions of the site on the south, east, and west if the Community Development Department determines during final plan check that the landscape mounding and planting will not be adequate to provide screening of vehicle headlights. 34. Prior to issuance of building permits, the project proponent shall submit, for review and approval, a valet parking plan, which commits the proponent to valet parking during all times when the restaurant is open. Failure to maintain a valet parking program shall result in revocation of the use permit for this project. n Resolution No. 2001-33 Conditions of Approval - Final Site Development Permit 2001-690 Omri Siklai April 3, 2001 Page 7 SIGNS 36, A sign program, complying with Zoning Code Chapter 9.160, providing details for all signs shall be submitted to the Community Development Department for approval by the Planning Commission, prior to issuance of the building permit. LIGHTING 37. A detailed parking lot lighting plan complying with Zoning Code Section 9.100.150, including fixtures, their locations, and a photometrics study shall be submitted to and approved by the Community Development Department prior to issuance of the building permit. ENVIRONMENTAL 38. All requirements of the Mitigation Monitoring Plan for Environmental Assessment 2001-412 shall be met as required. FIRE MARSHAL 39. All requirements of the Fire Marshal shall be met, as determined during plan check prior to issuance of a building permit.