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CC Resolution 2001-114 RESOLUTION NO. 2001-114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AN AMENDMENT TO THE EISENHOWER DRIVE OFF-SITE STREET IMPROVEMENT REQUIREMENTS CASE NO.: SITE DEVELOPMENT PERMIT 97-608, AMENDMENT #2 APPLICANT: KSL DESERT RECREATION CORPORATION AND ITS ASSIGNS WHEREAS, the City Council of the City of La Quinta, California, did on the 1 8TM day of September, 2001, hold duly noticed Public Hearing to consider the request of KSL Recreation Corporation and its Assigns for approval of an amendment to Conditions of Approval pertaining to required off-site street improvements on Eisenhower Drive in the Tourist Commercial Zone, located on the east side of Eisenhower Drive, approximately 220 feet south of 50t~ Avenue, more particularly described as: Portion of Section 1, Township 5 South, Range 6 East, S.B.B.M. WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 28th day of August, 2001, hold a duly noticed Public Hearing to consider the request of KSL Recreation Corporation and its Assigns, and did adopt Planning Commission Resolution 2001-111, recommending approval, subject to Conditions of Approval, and; WHEREAS, the City Council at its meeting of January 5, 1979, approved Amendment #1 to Site Development Permit 97-608 by adoption of Resolution 99-11 and; WHEREAS, the City Council at its meeting of September 16, 1977, approved Site Development Permit 97-608 by adoption of Resolution 97-77, and; WHEREAS, said Site Development Permit amendment request has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended by Resolution 83-68, in that this Site Development Permit has been previously assessed in conjunction with Environmental Impact Report (EIR) #41 (Specific Plan 121-e) which was certified in 1975, by the County of Riverside, and EIR Addendum certified on June 19, 2001, by the City of La Quinta. No changed circumstances or conditions are proposed and there is no new information which would trigger the preparation of a subsequent environmental review pursuant to Public Resources Code Section 211 66, and; Resolution No. 2001-114 Site Development Permit 97-608, Amendment #2 Adopted - September 18, 2001 Page 2 WHEREAS, 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, findings, and reasons to justify approval of Amendment #2 to Site Development Permit 97-608: 1. The project, as amended, is consistent with the General Plan because the use is supporting the operation of the permitted golf courses and resort within the Specific Plan area. 2. The project, as amended, has been designed to be consistent with the Zoning Code and applicable Specific Plan, subject to the recommended conditions. 3. Processing and approval of this amended project is in compliance with the requirements of the California Quality Act in that a Mitigated Negative Declaration has been certified. 4. The architectural design of the project, as amended, is adequate and compatible materials and colors will be used. Provided the conditions of approval are complied with, the project will be architecturally acceptable. 5. Provided the conditions of approval, as amended, are complied with, the site design will be acceptable. The revision will mitigate any negative impacts to the surrounding residences by moving it to the west and south. 6. The project landscaping will be compatible with the resort. The recommended conditions will increase the quantity of landscaping and tree sizes. Landscaping will provide visual screening of the on site facilities. 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 the City Council does hereby approve an amendment to Conditions #32 and #38 of Site Development Permit 97-608, Amendment #2; PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 18~ day of September, 2001, by the following vote, to wit: Resolution No. 2001-114 Site Development Permit 97-608, Amendment #2 Adopted -September 18, 2001 Page 3 AYES' Councilmen Adolph, Henderson, Perkins, Mayor Pe~a NOES- Council Member Sniff ABSENT: None ABSTAIN' None JO! [, Mayor City La Ouinta, California ATTEST: JUNEcS. GREEK, CMC,-City'~lerk City of La Quinta, California (City Seal) APPROVED AS TO FORM' C ty of La Quinta, California RESOLUTION 2001-114 CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 97-608, AMENDMENT #2 KSL RECREATION CORPORATION SEPTEMBER 18, 2001 GENERAL 1. The use of this site for an employee Parking lot shall be in conformance with the approved exhibits contained in Site Development Permit 97-608, Amendment #1, unless otherwise amended by the following conditions. 2. The approved Site Development Permit shall be used within two years of the date of approval, otherwise, it shall become null and void and of no effect whatsoever. "Used" means the issuance of a building permit. A time extension may be requested as permitted in Municipal Code Section 9.200.080D. 3. Developer agrees to indemnify, defend, and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's approval of this project. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. 4. The project shall incorporate the latest technology in recycling and other means of reducing the amount of waste requiring disposal (land filing), during demolition, construction, and upon site development/operation. A) Prior to issuance of a demolition/building permit, the applicant shall provide proof to the Community Development Department that a recycling company and program has been established for the recycling of construction/demolition debris. B) If the applicant can successfully demonstrate that current provisions exist to meet the requirements of the California Solid Waste Reuse and Recycling Access Act of 1991, the Community Development Director may waive, modify, or delete the requirements of this condition. 5. The applicant shall obtain permits and/or clearances from the following public agencies; as needed: - Fire Marshal - Public Works Department (Grading Permit, Improvement Permit) - Community Development Department - Riverside Co. Environmental Health Department Resolution No. 2001-114 Conditions of Approval - Adopted Site Ddevelopment Permit 97-608, Amendment #2 September 18, 2001 Page 2 - Desert Sands Unified School District - Coachella Valley Water District (per letter of June 25,1997, on file in Community Development Department) - Imperial Irrigation District - California Regional Water Quality Control Board (NPDES Permit) 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. · For projects requiring NPDES construction permits, the applicant shall include a copy of the application for the Notice of Intent with grading plans submitted for plan checking. Prior to issuance of a grading or site construction permit, the applicant shall submit a copy of the proposed Storm Water Pollution Protection Plan for review by the Public Works Department. 6. Provisions shall be made to comply with the terms and requirements of the City's adopted Infrastructure Fee program in effect at the time of issuance of building permits. 7. All applicable conditions of Specific Plan 1 21 E, Amendment #4, shall be met. 8. Exterior lighting shall to be Iow profile, down shining, and comply with Municipal Code and not cause annoyance to surrounding properties. Top of lights shall not exceed 6 feet in height. Plan to be apprOved by Community Development Department prior to issuance of building permit. Light shields may be required by the City within first six months after beginning of operation. 9. Upon their approval by the City Council, the City Clerk is authorized to file these Conditions of Approval with the Riverside County Recorder for recordation against the property to which they apply. PROPERTY RIGHTS 10. All easements, rights of way and other property rights necessary to facilitate the ultimate use of the development and functioning of improvements shall be acquired or granted, as appropriate, or the process of said acquisition or granting shall be ensured, prior to issuance of a grading permit. Resolution No. 2001-114 Conditions of Approval - Adopted Site Ddevelopment Permit 97-608, Amendment #2 September 18, 2001 Page 3 Grants shall include additional right of way widths as necessary for dedicated right turn lanes, bus turnouts, etc., included on approved plans. 11. The applicant shall grant public street right of way along Eisenhower Drive (Primary Arterial) - sufficient for a 50-foot half right of way plus additional area as needed for right- or left-turn lanes or other features contained in the approved construction plans. 12. Where public sidewalks are required on privately-owned setback lots, the applicant shall dedicate blanket sidewalk easements over the setback lots. 13. The applicant shall grant any easements necessary for placement of and access to utility lines and structures, drainage basins, mailbox clusters, and common areas. IMPROVEMENT AGREEMENT 14. Prior to issuance of a grading permit, the applicant shall enter into a secured agreement to construct improvements and satisfy obligations required of this site development permit. Security provided shall conform with Chapter 13, LQMC. 15. The applicant shall provide approved estimates of improvement costs. Estimates shall comply with the schedule of unit costs adopted by City resolution or ordinance. For items not listed in the City's schedule, estimates shall meet the approval of the City Engineer. IMPROVEMENT PLANS 1 6. Improvement plans submitted to the City for plan checking shall be submitted on 24" x 36" media in the categories of "Rough Grading," "Precise Grading," "Streets & Drainage," and "Landscaping." Plans for site improvements may be combined on a single plan provided excess clutter doesn't affect readability. All plans except precise grading plans shall have signature blocks for the City Engineer. Precise grading plans shall have signature blocks for Community Development Director and the Building Official. Plans are not approved for construction until they are signed. Resolution No. 2001-114 Conditions of Approval - Adopted Site Ddevelopment Permit 97-608, Amendment #2 September 18, 2001 Page 4 "Streets and Drainage" plans shall normally include signals, sidewalks, bike paths, entryways, and parking lots. If water and sewer plans are included on the street and drainage plans, the plans shall have an additional signature block for the Coachella Valley Water District (CVWD). The combined plans shall be signed by CVWD prior to their submittal for the City Engineer's signature. "Landscaping" plans shall normally include landscape improvements, irrigation, lighting, and perimeter walls. Plans for improvements not listed above shall be in formats approved by the City Engineer. 17. 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. GRADING 18. A grading plan shall be prepared by a registered civil engineer and must meet the approval of the City Engineer prior to issuance of a grading permit. The grading plan shall conform with the recommendations of the soils report and shall be certified as adequate by a soils engineer or an engineering geologist. 19. The applicant shall furnish a thorough preliminary geological and soils engineering report (the "soils report") with the grading plan. 20. The applicant shall comply with the City's Flood Protection Ordinance. 21. 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. In accordance with said Chapter, 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. 22. Graded, undeveloped land shall be maintained to prevent dust and blowsand nuisances. The land shall be planted with interim landscaping or provided with other wind and water erosion control measures approved by the Community Development and Public Works Departments. Resolution No. 2001-114 Conditions of Approval - Adopted Site Ddevelopment Permit 97-608, Amendment #2 · September 18, 2001 Page 5 23. Prior to issuance of building permits, the applicant shall provide a separate document, bearing the seal and signature of a California registered civil engineer or surveyor, that lists actual building pad elevations for the building lots. The document shall list the pad elevation approved on the grading plan, the as-built elevation, and the difference between the two, if any. The data shall be organized by lot number and shall be listed cumulatively if submitted at different times. DRAINAGE 24. The applicant shall comply with the provisions of Engineering Bulletin No. 96.03 and the following: Stormwater falling on site during the peak 24-hour period of a lO0-year storm shall be retained within the development or in impounded areas on the adjacent golf course unless otherwise approved by the City Engineer. The tributary drainage area shall extend to the centerline of adjacent public or private streets. 25. The applicant shall construct facilities, approved by the City Engineer, which intercept and percolate nuisance water and prevent flow onto golf courses, common areas or off-site locations. The facilities shall be sized to percolate 22 gallons per day per 1,000 square feet of drainage area. For design purposes, the maximum percolation rate of native soils shall be two inches per hour. The percolation rate shall be considered zero unless the applicant provides site- specific data which demonstrates otherwise. 26. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 27. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development (or off of the golf course areas) through a designated overflow outlet and into the historic drainage relief route. 28. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. Resolution No. 2001-114 Conditions of Approval - Adopted Site Ddeveloprnent Permit 97-608, Amendment 82 September 18, 2001 Page 6 29. If the applicant proposes drainage of stormwater water to off-site locations other than impounded areas on the adjacent golf course, the applicant may be required to design and install first-flush storage, oil/water separation devices, or other screening or pretreatment method(s) to minimize conveyance of contaminants to off-site locations. If the drainage will directly or indirectly enter public waterways, the applicant shall be responsible for any sampling and testing of effluent which may required under the City's NPDES Permit or other city- or area-wide pollution prevention program and for any other obligations and/or expenses which may arise from the such discharge of the development's stormwater or nuisance water. UTILITIES 30. All existing and proposed utilities within or adjacent to the proposed development shall be installed underground. High-voltage power lines which the power authority will not accept underground are exempt from this requirement. 31. In areas where hardscape surface improvements are planned, underground utilities shall be installed prior to construction of surface improvements. The applicant shall provide certified reports of utility trench compaction tests for approval of the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 32. The applicant shall install the following street improvements to conform with the General Plan street type noted in parentheses. (Public street improvements shall conform with the City's General Plan in effect at the time of construction.) A. OFF-SITE STREETS 1. Eisenhower Drive (Primary Arterial) - Applicant shall construct half of the total street improvements in compliance with the General Plan along the 500-foot (the property adjacent to TT 30125) frontage on Eisenhower Drive. Applicant shall also construct a six foot meandering sidewalk, parkway landscaping, and a 12-foot raised center median. Applicant will be reimbursed for the cost of the median construction from the Transportation DIF in an amount not to exceed the budget allowance for this median construction. Resolution No. 2001-114 Conditions of Approval - Adopted Site Ddeveloprnent Permit 97-608, Amendment #2 September 18, 2001 Page 7 Applicant shall dedicate all future right-of-way along Eisenhower Drive, adjacent to Golf Hole #13 on the Dunes Course (or if renumbered, the golf hole adjacent to Eisenhower Drive), necessary for the construction of Eisenhower Drive pursuant to General Plan street standards. Applicant shall provide a construction easement necessary to permit the construction of a retaining wall, and the necessary easement to permit the construction of the retaining wall on their property. Applicant shall be responsible for all modifications to Golf Hole #13 on the Dunes Course (or if renumbered, the golf hole adjacent to Eisenhower Drive), due to the construction of Eisenhower Drive, including, but not limited to, modifications to golf paths, golf lake, green, tee box, fairway, fencing, irrigation, landscaping, and any other modifications necessary for the safety of the public. The Applicant may enter into a secured agreement for the construction of Eisenhower Drive street improvements or shall construct said street improvements, prior to final map approval. The secured agreement shall reflect a time line as follows: The Eisenhower Drive improvements shall be constructed before or at the same time the Eisenhower Bridge and Eisenhower Drive improvements are made along hole #13 of the Dunes Course (or if renumbered, the golf hole adjacent to Eisenhower Drive). 2. Avenue 50 (Primary Arterial) - Construct median modification to allow left turn from Ave. 50. Construct 8-foot meandering sidewalk from eastern end of bus shelter to the eastern property boundary. 33. Access points and turning movements of traffic shall be restricted to a left- & right-in/right-out driveway on Eisenhower Drive centered in this parcel's frontage. If the entry is gated, the applicant shall provide sufficient stacking room for entering vehicles and a turn-around for rejected vehicles. Resolution No. 2001-114 Conditions of Approval - Adopted Site Ddevelopment Permit 97-608, Amendment #2 September 18, 2001 Page 8 34. Improvements shall include all appurtenances such as traffic signs, channelization markings and devices, raised medians if required, street name signs, sidewalks, and mailbox clusters approved in design and location by the U.S. Post Office and the City Engineer. Mid-block street lighting is not required. 35. The City Engineer may require improvements extending beyond development boundaries such as, but not limited to, pavement elevation transitions, street width transitions, or other incidental work which will ensure that newly constructed improvements are safely integrated with existing improvements and · conform with the City's standards and practices. 36. Improvement plans for all on- and off-site streets and access gates shall be prepared by professional engineer(s) registered to practice in the State of California. Improvements shall be designed and constructed in accordance with the LQMC, adopted Standards and Supplemental Drawings and Specifications, and as approved by the City Engineer. 37. Street pavement sections shall be based on a Caltrans design for a 20-year life and shall consider soil strength and anticipated traffic loading (including site and building construction traffic). The minimum structural sections shall be as follows: Residential & Parking Areas 3.0" a.c./4.50" a.b. Collector 4.0"/5.00" Secondary Arterial 4.0"/6.00" Primary Arterial 4.5"/6.00" Major Arterial 5.5"/6.50" The listed structural sections are minimums, not defaults. Street pavement sections shall be designed using Caltrans design procedures with site-specific data for soil strength and traffic volumes. The applicant shall submit current (no more than two years old) mix designs for base materials, Portland cement concrete and asphalt concrete, including complete mix design lab results, for review and approval by the City. For mix designs over six months old, the submittal shall include recent (no more than six months old at the time proposed for construction) aggregate gradation test results to confirm that the mix design gradations can be reproduced in production of the base or paving material. Construction operations shall not be scheduled until mix designs are approved. Resolution No. 2001-114 Conditions of Approval - Adopted Site Ddevelopment Permit 97-608, Amendment #2 September 18, 2001 Page 9 38. DELETED- AUGUST 28, 2001 LANDSCAPING 39. The applicant shall provide landscape improvements in the Eisenhower Drive perimeter setback. Landscape and irrigation plans shall be prePared by a licensed landscape architect. 40. Landscape and irrigation plans shall be approved by the Community Development Department. Landscape and irrigation construction plans shall be submitted to the Public Works Department for review and approval by the City Engineer. The plans are not approved for construction until they have been approved and signed by the City Engineer, the Coachella Valley Water District, and the Riverside County Agricultural Commissioner. 41. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape areas outside the right of way. 42. 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 5-feet of curbs along public streets. 43. Unless otherwise approved by the City Engineer, common basins shall be designed with a turf grass surface which can be mowed with standard tractor- mounted equipment. 44. The applicant shall ensure that landscaping plans and utility plans are coordinated to provide visual screening of above-ground utility structures. 45. 75% of all trees shall be a minimum of 48" box (3 3/4"+ caliper) size and 25% a minimum of 36" box size (2 3/4"-3 3/4" caliper), or its equivalent along Eisenhower drive. 46. Parking lot shade trees shall be provided every four parking spaces with trees a minimum 24" box size (2"-2 3/4" caliper). QUALITY ASSURANCE 47. .The applicant shall employ construction quality-assurance measures which meet the approval of the City Engineer. Resolution No. 2001-114 Conditions of Approval - Adopted Site Ddevelopment Permit 97-608, Amendment #2 September 18, 2001 Page 10 48. The applicant shall arrange and bear the cost of measurement, sampling and testing not included in the City's permit inspection program but which are required by the City to provide evidence that materials and their placement comply with plans and specifications. 49. The applicant shall employ or retain California registered civil engineers, geotechnical engineers, or surveyors, as appropriate, who will provide, or have their agents provide, sufficient supervision and verification of the construction to be able to furnish and sign accurate record drawings. 50. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all off-site plans which were signed by the City Engineer. Each sheet of the drawings shall have the words "Record Drawings," "As-Built" or "As-Constructed" clearly marked on each sheet and be stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. The applicant shall revise the plan computer files previously submitted to the City to reflect the as-constructed condition. MAINTENANCE 51. The applicant shall make provisions for continuous maintenance of drainage, landscaping and on-site street improvements. The applicant shall maintain off- site public improvements until final acceptance of improvements by the City Council. FEES AND DEPOSITS 52. The applicant shall pay all deposits and fees required by the City for plan checking and construction inspection. Deposit and fee amounts shall be those in effect when the applicant makes application for plan checking and permits. FIRE MARSHAL 53. Provide or show there exists a water system capable of delivering 2000 gpm for a 2 hour duration at 20 psi residual operating pressure which must be available before any combustible material is placed on the job site. 54. A combination of on-site and off-site Super fire hydrants, on a looped system (6" x 4" x 2-1/2") will be located not less than 25' or more than 165' from any portion of the buildings as measured along approved vehicular travel ways. The required fire flow shall be available from any adjacent hydrants in the system. Resolution No. 2001-114 Conditions of Approval - Adopted Site Ddeveloprnent Permit 97-608, Amendment #2 September 18, 2001 Page 11 55. Blue retro-reflective pavement markers shall be mounted on private streets, public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers must be approved by the Riverside County Fire Department. 56. Prior to the issuance of a building permit, if any, applicant/developer shall furnish one blue line copy of the water system plans to the Fire Department for review. Plans shall conform to the fire hydrant types, location and spacing, and the system shall meet the fire flow requirements. Plans must be signed by a registered Civil Engineer and the local water company with the following certification: "1 certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department". 57. Install a complete fire sprinkler system per NFPA 13 Ordinary Hazard Occupancy, Group 1. The post indicator valve and Fire Department connection shall be located to the front within 50' of a hydrant, and a minimum of 25' from the building. 58. System plans must be submitted to the Fire Department for review, along with a plan/inspection fee. The approved plans, with Fire Department job card must be at the job site for all inspections. 59. Install a supervised water flow fire alarm system as required by the UBC/Riverside County Fire Department and National Fire Protection Association Standard 72. 60. Applicant/developer shall be responsible for obtaining underground/aboveground tank permits from both the County Health and Fire Departments. 61. Install portable fire extinguishers in structures, if any, per NFPA, Pamphlet #10, but not less than 2AIOBC in rating. Contact certified extinguisher company for proper placement of equipment. 62. Install Knox Key Lock boxes, Models 4400, 3200 or 1300, mounted per recommended standard of the Knox Company. Plans must be submitted to the Fire Department for approval of mounting location/position and operating standards. Special forms are available from this office for the ordering of the Key Switch, this form must be authorized and signed by this office for the correctly coded system to be purchased. Resolution No. 2001-114 Conditions of Approval - Adopted Site Ddevelopment Permit 97-608, Amendment #2 September 18, 2001 Page 12 MISCELLANEOUS 63. Prior to issuance of any building permits for structures or fences approved by Site Development Permit 97-608, the developer shall complete the golf maintenance facilities on Avenida Carranza in accordance with CUP 96-024, or any Planning Commission approved amendment thereto.