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CC Resolution 2001-031RESOLUTION NO. 2001-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING PRINCIPALS AND GUIDELINES FOR A RESTAURANT AND OFFICE BUILDING CASE NO.: SPECIFIC PLAN 2001-052 OMRI SIKLAI WHEREAS, the City Council of the City of La Quinta did on 3rd day of April, 2001, hold a duly noticed public hearing to consider the request of OMRI SIKLAI for approval of Specific Plan development principals and guidelines 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 Specific Plan 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 Specific Plan 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 Specific Plan, and did adopt Resolution 2001-029, 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 approval of the Specific Plan: 1. The Specific Plan, as proposed, is consistent with the goals and policies of the La Quinta General Plan in that the property proposed for the commercial project is designated as Regional Commercial which is consistent. 2. The Specific Plan, subject to conditions will not create conditions materially detrimental to the public health, safety, and general welfare in that the commercial development allowed under the Specific Plan is compatible with existing uses and surrounding zoning, and development standards and infrastructure proposed in the Specific Plan will ensure high quality development. Resolution No. 2001-31 Specific Plan 2001-052 Adopted: April 3, 2001 Page 2 3. The Specific Plan will provide land use compatibility with zoning on adjacent properties in that the project principles and guidelines ensure that the proposed adjacent uses will not be negatively impacted. 4. The Specific Plan project is suitable and appropriate for the property in that the property has been designated for commercial use and development will comply with applicable City requirements. 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 Specific Plan request for the reasons set forth in this Resolution, subject to the attached Conditions of Approval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 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 Resolution No. 2001-31 Specific Plan 2001-052 Adopted: April 3, 2001 Page 2 ATTEST: JUNE 5`. GREEK, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: KATHERINE JENSON, y Attorne City of La Quinta, California RESOLUTION NO. 2001-31 CONDITIONS OF APPROVAL - FINAL SPECIFIC PLAN 2001-052 OMRI SILKAI APRIL 3, 2001 -GENERAL The use of the subject property for commercia► uses shall be in conformance with the approved exhibits and conditions of approval contained in Specific Plan 2001-052, Conditional Use Permit 2001-056, Site Development Permit 2001- 690 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 Specific Plan. The City shall have sole discretion in selecting its defense counsel. 3 The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 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. 2001-31 Conditions of Approval - Final Specific Plan 2001-052 Omri Silkai April 3, 2001 Page 2 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. 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. 2001-31 Conditions of Approval - Final Specific Plan 2001-052 Omri Silkai 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. 2001-31 Conditions of Approval - Final Specific Plan 2001-052 Omri Silkai 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. 2001-31 Conditions of Approval - Final Specific Plan 2001-052 Omri Silkai 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. QUALITY ASSURANCE 23. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 24. 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. 25. 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. 26. 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 27. 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. Resolution No. 2001-31 Conditions of Approval - Final Specific Plan 2001-052 Omri Silkai April 3, 2001 Page 6 FEES AND DEPOSITS 28. 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. 29. 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. ENVIRONMENTAL 30. All requirements of the Mitigation Monitoring Plan for Environmental Assessment 2001-412 shall be met as required. FIRE MARSHAL 31. All requirements of the Fire Marshal shall be met, as determined during plan check prior to issuance of a building permit. MISCELLANEOUS 32. 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 permit for this project. 33. Prior to issuance of a grading permit or building permit, whichever occurs first, the specific plan text shall be revised to include the valet plan required in Condition #32 and development standards allowing the building to encroach into the required building setbacks as shown on the approved plans. 34. The location maps in the specific plan text shall be changed to be generic.