CC Resolution 2002-029RESOLUTION NO. 2002-29
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, APPROVING DEVELOPMENT
PLANS FOR A SUPERMARKET, BANK, AND DRUG
STORE ON A PORTION OF A 15 ACRE
NEIGHBORHOOD SHOPPING CENTER AT THE
SOUTHEAST CORNER OF AVENUE 52 AND
JEFFERSON STREET
CASE NO.: SITE DEVELOPMENT PERMIT 2001-711
APPLICANT: RLF DEVELOPMENT
WHEREAS, the City Council of the City of La Quinta, California, did on
the 15th day of January, 2002, 5th day of February, 2002, and 19th day of February,
2002 hold duly noticed Public Hearings for the La Quinta Court project for review of
Site Development Permit to allow the construction of a supermarket and drugstore on
a portion of a 15 acre shopping center at the southeast corner of Avenue 52 and
Jefferson Street, more particularly described as:
APN 760-290-005
WHEREAS, the Planning Commission of the City of La Quinta, California,
did on the 1 1 th day of December, 2001, hold a duly noticed Public Hearing and
recommended approval of the Site Development Permit, subject to the conditions of
approval; and
WHEREAS, at said public hearing, upon hearing and considering
Environmental Assessment 2001-433, and all testimony and arguments, if any, of all
interested persons wanting to be heard, the City Council did make the following
mandatory findings for approval of said Site Development Permit:
1. The proposed Site Development Permit is consistent with the General Plan
goals, policies and programs relating to the Neighborhood Commercial land use
designation, and supports the development of a variety of retail uses within a
Specific Plan.
2. The proposed Site Development Permit is consistent with the standards of the
Zoning Ordinance and is consistent with Specific Plan 2001-054, as
conditioned, which establishes development standards for the project.
3. The proposed Site Development Permit will not be detrimental to the public
health, safety and welfare, as it has been designed to be compatible with
surrounding development, and conform with the City's standards and
requirements, as -conditioned.
Resolution No. 2002-29
Site Development Permit 2001-711 - RLF Development
Adopted: February 19, 2002
Page 2
4. The proposed Site Development Permit, as conditioned, complies with the
architectural design standards for Specific Plan 2001-054, and implements the
standards and guidelines included in that document.
5. The proposed Site Development Permit, as conditioned, is consistent with the
landscaping standards in Specific Plan 2001-054 and implements the standards
for landscaping and aesthetics established in the General Plan.
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 constitute the findings of the City
Council in this case.
2. That it does hereby require compliance with those mitigation measures required
in EA 2001-433.
3. That it does approve Site Development Permit 2001-71 1 for the reasons set
forth in this Resolution and subject to the attached conditions.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta City Council, held on the 19th day of February 2002, by the following vote, to
wit:
AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena
NOES: None
ABSENT: None
ABSTAIN: None
Resolution No. 2002-29
-- Site Development Permit 2001-71 1 - RLF Development
Adopted: February 19, 2002
Page 3
ATTEST:
JU . GREEK, CMC, dry -Clerk
City of La Quinta, California
(City Seal)
APPROVED AS TO FORM:
. KATHER E JENS04, City Attorney
City of La Quinta, California
CITY COUNCIL RESOLUTION 2001-29
CONDITIONS OF APPROVAL - FINAL
SITE DEVELOPMENT PERMIT 2001-711
RLF DEVELOPMENT
FEBRUARY 19, 2002
1. The developer 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 Site
Development Permit. The City shall have sole discretion ;'n selecting its defense
counsel.
The City shall promptly notify the developer of any claim, action or proceeding
and shall cooperate fully in the defense.
2. Prior to the issuance of any grading, construction, or building permit by the City,
the applicant shall obtain the necessary permits and/or clearances from the
following agencies:
• Fire Marshal
• Public Works Department (Grading Permit, Improvement Permit)
• Community Development Department
• Riverside Co. Environmental Health Department
• Coachella Valley Unified School District
• Coachella Valley Water District (CVWD)
• Imperial Irrigation District (IID)
• California Water Quality Control Board (CWQCB)
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, applicant shall furnish proof of such approvals when
submitting the improvement plans for City approval.
3. The applicant shall comply with applicable provisions of the City's NPDES
stormwater discharge permit, Sections 8.70.010 et seq. & 13.24.170, La
Quinta Municipal Code ("LQMC"); Riverside County Ordinance No. 457; and the
State Water Quality Resources Control Board's ("SWQRCB") Order No. 99-08-
DWQ.
A. For construction activities including clearing, grading or excavation of
land that disturbs five (5) acres or more of land, or that disturbs less than
five (5) acres of land, but which is a part of a construction project that
encompasses more than five (5) acres of land, the Permitee shall be
required to submit a Storm Water Pollution Protection Plan ("SWPPP").
Resolution No. 2002-29
-- Conditions of Approval - Final
Site Development Permit 2001-711
Rlf Development
February 19, 2002
Page 2
B. The applicant's SWPPP shall be approved by the City Engineer prior to
any on or off -site grading being done in relation to this Site Development
Permit.
C. 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.
D. The applicant's SWPPP shall include provisions for all of the following
Best Management Practices ("BMPs") (8.70.020, LQMC):
1 . Temporary Soil Stabilization (erosion control) .
2. Temporary Sediment Control.
3. Wind Erosion Control.
4. Tracking Control.
5. Non -Storm Water Management.
6. Waste Management and Materials Pollution Control.
E. All of applicant's erosion and sediment control BMPs shall be approved
by the City Engineer prior to any on or off site grading being done in
relation to this project.
F. All approved project BMPs shall be maintained in their proper working
order throughout the course of construction, and until all improvements
have been accepted by the City.
4. Permits issued under this approval shall be subject to the provisions of the
Infrastructure Fee Program and Development Impact Fee program in effect at
the time of issuance of building permit(s).
PROPERTY RIGHTS
5. Prior to the issuance of any permit(s), the applicant shall acquire, or confer,
those easements, and other property rights necessary for the construction
and/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 the maintenance, construction and reconstruction
of essential improvements.
Resolution No. 2002-29
Conditions of Approval - Final
Site Development Permit 2001-711
Rif Development
February 19, 2002
Page 3
6. The applicant shall offer for dedication 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.
7. Unless the ultimate developed right-of-way can be documented, the public
street right-of-way offers for dedication required for this development include:
A. PUBLIC STREETS
1. Jefferson Street (Major Arterial) - 120-foot ultimate developed
right-of-way.
2. Avenue 52 (Primary Arterial) - 1 10-foot ultimate developed right-
of-way.
8. Right-of-way geometry for property line corner cut -backs at curb returns shall
conform to Riverside County Standard Drawing #805, unless otherwise
approved by the City Engineer.
9. 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.
10. The applicant shall create perimeter landscaping setbacks along all public right-
of-ways as follows:
A. Jefferson Street (Major Arterial) - 20-foot from the ROW-P/L.
B. Avenue 52 (Primary Arterial) - 20-foot from the ROW-P/L.
The listed setback depth shall be the average depth where a meandering wall
design is approved.
The setback requirements shall apply to all frontages including, but not limited
to, remainder parcels and sites dedicated for utility purposes.
Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks,
the applicant shall offer for dedication blanket easements for those purposes on
the Parcel Map.
Resolution No. 2002-29
Conditions of Approval - Final
Site Development Permit 2001-711
Rif Development
February 19, 2002
Page 4
11. 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 shown on the Site
Development Plan.
12. The applicant shall vacate all abutter's right -of -access to public streets and
properties from all frontages along such public streets and properties, excepting
those access points shown on the Site Development Plan.
13. 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, ingress/egress, or other
encroachments will occur.
14. Before the applicant may be permitted to vacate, or abandonment, any existing
right-of-way, or access easement, which will diminish the access rights to any
properties owned by others, the applicant shall submit a proposed alternate
right-of-way or access easement to those properties, or shall submit notarized
letters of consent from all affected property owners; the final approval of which
rests with the City.
15. The applicant shall cause no easement to be granted, or recorded, over any
portion of the subject property between the date of approval of this Site
Development Permit and the date of final acceptance of the on and off -site
improvements for this Site Development Permit, unless such easement is
approved by the City Engineer.
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.
16. The following improvement plans shall be prepared and submitted for review
and approval by the City. A separate set of plans for each line item specified
below shall be prepared. The plans shall utilize the scale specified, unless
otherwise authorized by the City Engineer in writing. Note, the applicant may
be required to prepare other improvement plans not listed here pursuant to
improvements required by other agencies and utility purveyors.
Resolution No. 2002.29
Conditions of Approval - Final
Site Development Permit 2001-711
Rif Development
February 19, 2002
Page 5
A. Off -Site Street Plan: 1 " = 40' Horizontal, 1 " = 4' Vertical
The street improvement plans shall include permanent traffic
control and 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.
B. Off -Site Street Median Landscape Plan: 1 " = 20'
C. Perimeter Landscape Plan: 1 " = 20'
D. On -Site Site Development Plan: 1 " = 40' Horizontal
E. On -Site Utility Plan: 1 " = 20' Horizontal
F. On -Site Landscape Plan: 1 " = 40' Horizontal
G. On -Site Lighting Plan: 1 " = 40' Horizontal
Other engineered improvement plans prepared for City approval that are not
listed above shall be prepared in formats approved by the City Engineer prior to
commencing 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.
"Site Development" plans shall normally include all on -site surface
improvements including but not necessarily limited to finish grades for curbs &
gutters, building floor elevations, parking lot improvements and ADA
requirements; and show the existing street improvements out to at least the
center lines of Jefferson Street & Avenue 52.
"Site Utility" plans shall normally include all sub -surface improvements including
but not necessarily limited to sewer lines, water lines, fire protection and storm
drainage systems.
"Rough Grading" plans shall include perimeter walls with Top Of Wall & Top Of
Footing elevations shown. All footings shall have a minimum of 1-foot of cover,
or sufficient cover to clear any adjacent obstructions.
17. 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, LQMC.
Resolution No. 2002-29
-- Conditions of Approval - Final
Site Development Permit 2001-711
Rif Development
February 19, 2002
Page 6
18. The City maintains standard plans, details and/or construction notes for
elements of construction. For a fee, established by City resolution, the
applicant may purchase such standard plans, detail sheets and/or construction
notes from the City.
19. The applicant shall furnish a complete set of the AutoCAD files of all complete,
approved improvement plans on a storage media acceptable to the City
Engineer. The files shall be saved in a standard AutoCAD format so they may
be fully retrievable through a basic AutoCAD program.
At the completion of construction, and prior to the final acceptance of the
improvements by the City, the applicant shall update the AutoCAD files in order
to reflect the as -built conditions.
Where the improvement plans were not produced in a standard AutoCAD
format, or a file format which can be converted to an AutoCAD format, the City
Engineer will accept raster -image files of the plans.
IMPROVEMENT SECURITY AGREEMENTS
20. Prior to the conditional approval of this Site Development Plan, or the issuance
of any permit(s), the applicant shall construct all on and off -site improvements
and satisfy its obligations for same, or shall furnish a fully secured and executed
Subdivision Improvement Agreement ("SIA") guaranteeing the construction of
such improvements and the satisfaction of its obligations for same, or shall
agree to any combination thereof, as may be required by the City.
21. 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 Site Development Permit, shall
comply with the provisions of Chapter 13.28, LQMC.
22. Improvements to be made, or agreed to be made, shall include 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 monuments.
Resolution No. 2002-29
Conditions of Approval - Final
Site Development Permit 2001-711
Rlf Development
February 19, 2002
Page 7
23. When improvements are to be secured through a SIA, and prior to any permits
being issued by the City, the applicant shall submit detailed construction cost
estimates for all proposed on 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 adopted by
City resolution, or ordinance.
For items not listed in the City's unit cost schedule, the proposed unit costs
shall be approved by the City Engineer.
At the same time the applicant submits its detailed construction cost estimates
for the security determination of the SIA, the applicant shall also submit one
copy of an 8-1 /2" x 11 " reduction of each page of the Parcel Map, along with
one copy of an 8-1/2 VV x 11 " Vicinity Map.
Estimates for improvements under the jurisdiction of other agencies shall be
approved by those agencies and submitted to the City along with the applicant's
detailed cost estimates for its own on and off -site improvements.
Cost estimates for the security of telephone, natural gas, or Cable T.V.
improvements will not be required.
Development -wide improvements shall not be agendized for final acceptance by
the City Council until the City has received confirmation from the telephone
authority that the applicant has met all the requirements for telephone service
to all proposed buildings shown on the Site Development Plan.
24. When improvements are phased through an administrative approval (e.g.,
Phasing Plan, Site Development Permits, etc.), all off -site improvements and
common on -site improvements (e.g., backbone utilities, retention basins,
perimeter walls, landscaping and gates) shall be constructed, or secured through
a SIA, prior to the occupancy of any permanent buildings in the first phase of
the development, or as otherwise approved by the City Engineer.
Improvements and obligations required of each subsequent phase shall either be
completed, or secured through a SIA, prior to the occupancy of permanent
buildings within such latter phase, or as otherwise approved by the City
Engineer.
Resolution No. 2002-29
Conditions of Approval - Final
Site Development Permit 2001-711
Rif Development
February 19, 2002
Page 8
The same submittal criteria shall apply to all subsequent phases as required for
the first phase submittal. (E.g. detailed cost estimates, 8-1/2 it x 11 if
reductions, etc.)
25. In the event the applicant fails to construct improvements for the development,
or fails to satisfy its obligations for the development in a timely manner,
pursuant to the approved phasing plan, or other phasing method, the City shall
have the right to halt issuance of all permits, and/or final inspections, withhold
other approvals related to the development of the project, or call upon the
surety to complete the improvements.
GRADING
26. The applicant shall comply with the provisions of Section 13.24.050 (Grading
Improvements), LQMC.
27. 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.
28. 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 qualified engineer or architect,
B. A preliminary geotechnical ("soils") report prepared by a qualified
engineer, and
C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16,
LQMC.
All grading shall conform to the recommendations contained in the Preliminary
Soils Report, and shall be certified as being adequate by a soils engineer, or by
an engineering geologist.
A statement shall appear on any final map that a soils report has been prepared
in accordance with 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 submitted with its application for a grading permit.
Resolution No. 2002-29
Conditions of Approval - Final
Site Development Permit 2001-711
Rlf Development
February 19, 2002
Page 9
29. 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.
30. The applicant shall minimize differences in elevation between the adjoining
properties.
DRAINAGE
31. The applicant shall comply with the provisions of Section 13.24.120 (Drainage),
LQMC, Engineering Bulletin No. 97.03 and the following:
32. Nuisance water shall be retained on site. Nuisance water may be disposed of
in a trickling sand filter and leach field approved by the City Engineer. The sand
filter and leach field shall be designed to contain surges of up to 3 GP/1,000 sq.
ft. of landscape area, and infiltrate 5 g.p.d./1,000 sq. ft. Or nuisance water
may be diverted to the landscaped areas.
33. 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.
34. No fence or wall shall be constructed around any retention basin unless
approved by the Community Development Director and the City Engineer.
35. Pursuant to Section 13.24.120 (D), LQMC, the On -Site retention basin shall be
sized to not only accommodate the on -site storm runoff, but also the tributary
runoff from the adjacent streets.
UTILITIES
36. The applicant shall comply with the provisions of Section 13.24.1 10 (Utilities),
LQMC.
37. 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.
Resolution No. 2002-29
--- Conditions of Approval - Final
Site Development Permit 2001-711
Rif Development
February 19, 2002
Page 10
38. Existing overhead utility lines within, or adjacent to the proposed development,
and all proposed utilities shall be installed underground.
All existing utility lines attached to joint use 92 KV transmission power poles
are exempt from the requirement to be placed underground.
39. 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.
STREET AND TRAFFIC IMPROVEMENTS
40. The applicant shall comply with the provisions of Sections 13.24.060 (Off -Site
Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100
(Access for Properties), LQMC.
41. Prior to issuance of a grading permit, the applicant shall submit a Transportation
Demand Management (T.M.) Plan in accordance with the City's T.M. Ordinance,
Chapter 9.180, LQMC. The applicant shall be responsible for improvements
found necessary to mitigate the traffic impacts of this development.
42. Pursuant to Section 9.150.080(A)(8)(b), LQMC, the applicant shall provide 90-
foot uninterrupted driveway throats into the parking lot, or alternatively provide
a combination of a dedicated right turn deceleration lane and the drive throat
that will equal a total of 90 feet.
43. 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.
44. Standard corner cut -backs shall conform to Riverside County Standard Drawings
#805, unless otherwise approved by the City Engineer.
Resolution No. 2002-29
Conditions of Approval - Final
Site Development Permit 2001-711
Rif Development
February 19, 2002
Page 11
45. Streets shall have vertical curbs or other approved curb configurations which
convey water without ponding and provide lateral containment of dust and
residue for street sweeping.
46. The applicant shall construct the following street improvements to conform with
the General Plan street type noted in parentheses.
A. OFF -SITE STREETS
1) Avenue 52 (Primary Arterial; 1 10' R/W option) :
Widen south side of street along all frontage adjacent to the
Specific Plan boundary. 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. Street widening improvements shall include all
appurtenant components such as, but not limited to, curb, gutter,
traffic control striping, legends, and signs, except for street lights.
Other significant new improvements required for installation in, or
adjacent, to the subject right of way include:
(a) 6-foot wide meandering sidewalk
(b) 18-foot wide landscaped median from the roundabout to the
east boundary of the Specific Plan
The pavement rehabilitation/reconstruction, and landscape median
improvements, are eligible for reimbursement from the City's
Development Impact Fee fund in accordance with policies
established for that program.
2) Jefferson Street
a) Applicant shall construct median openings and turn pockets
to accommodate the turning movements authorized by
these Conditions of Approval.
Resolution No. 2002-29
-_ Conditions of Approval - Final
Site Development Permit 2001-711
Rif Development
February 19, 2002
Page 12
b) Applicant shall install a traffic signal at the project's main
entry, located 1 130 ±feet south of Avenue 52 centerline,
when warrants are met. Applicant is responsible for 50%
of cost to design and install traffic signal if complementing
cost share from development on other side of street is
available at time signal is required. Applicant shall enter
into an improvement agreement and post security for 50%
of the cost to design and construct the traffic signal prior to
issuance of an onsite grading permit; the security shall
remain in effect until the signal is constructed by the
applicant or the developer on the other side of the street.
If the land on the other side of the street does not have an
approved project connecting to the subject intersection,
Applicant shall pay 100% of cost to design and install a
signal at the resulting "T" intersection. If, however, the
Applicant's development trails the progress of the
development on the other side of the street and the other
development is connecting to the subject intersection, the
Applicant is responsible for 50% of the cost as previously
stated in this condition.
47. 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
Collector
Secondary Arterial
Primary Arterial
Major Arterial
3.0" A.C./4.50" A.B.
4.011/5.001,
4.0"/6.00"
4.5"/6.00"
5.5"/6.50"
or the approved equivalents of alternate materials.
PARKING LOTS
1) The design of parking facilities shall conform to LQMC Chapter
9.150
Resolution No. 2002-29
Conditions of Approval - Final
Site Development Permit 2001-711
Rlf Development
February 19, 2002
Page 13
Entry drives, main interior circulation routes, 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.
48. General access points and turning. movements of traffic are limited to the
following:
A. Primary Entry (Jefferson Street, 1 130 ±feet S. of the C/L Intersection
with Avenue 52): Full turn access.
B. Secondary Entry (Jefferson Street, 810 ±feet S. of the C/L Intersection
with Avenue 52): Right turn in, Right turn out.
C. Secondary Entry (Jefferson Street, 490 ±feet S. of the C/L Intersection
with Avenue 52): Right turn in, Right turn out, Left turn in.
D. Primary Entry (Avenue 52, 375 ±feet E. of the C/L Intersection with
Jefferson Street): Left & Right turn in, Right turn out.
E. Secondary Entry (Avenue 52, 635 ±feet E. of the C/L Intersection with
Jefferson Street): Right turn in, Right turn out.
F. This Secondary Entry shall be a shared access drive/road with the
adjacent landowner and be centered on the easterly property line. The
shared access drive/road layout shall be designed to the satisfaction of
the City Engineer. In the event the adjacent landowner desires a security
gate serving its property, the gate shall be located away from the
property line sufficient distance with the following access road design
features occurring on the adjacent landowners property: adequate
stacking, a rejection turnaround feature, and a separate lane for guests.
In the event the adjacent landowner does not reasonably cooperate with
the applicant in assisting with the shared access drive/road requirement,
the City may allow the applicant to implement an alternative design
concept satisfactory to the City Engineer, including but not limited to,
elimination of the shared access requirement. Nothing in this condition
requires the adjacent landowner to pay for sufficient improvements to
implement the shared access requirement in a manner that serves the
Resolution No. 2002-29
-- Conditions of Approval - Final
Site Development Permit 2001-711
Rif Development
February 19, 2002
Page 14
development proposed by Site Development Permit 01 -711. However,
reasonable cooperation by the adjacent landowner does include granting
of reciprocal cross -access easements between the two landowners that
facilitate construction of improvements necessary' to implement the
shared access concept on both properties in a manner that precludes
unnecessary reconstruction of the improvements in the future.
49. 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.
50. 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.
51. The applicant shall extend improvements beyond the subdivision boundaries to
ensure they safely integrate with existing improvements.
CONSTRUCTION
52. 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.
53. 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 tracts 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.
Resolution No. 2002-29
Conditions of Approval - Final
Site Development Permit 2001-711
Rif Development
February 19, 2002
Page 15
LANDSCAPING
54. The applicant shall comply with Sections 13.24.130 (Landscape Setbacks) &
13.24.140 (Landscaping Plans), LQMC.
55. The applicant shall provide landscaping in the required setbacks, retention
basins, common lots and park areas.
56. Landscape and irrigation plans for landscaped lots and setbacks, medians,
retention basins, and parks shall be signed and stamped by a licensed landscape
architect.
The applicant shall submit plans for approval by the Community Development
Department prior to plan checking by the Public Works Department. When plan
checking is complete, the applicant shall obtain the signatures of CVWD and the
Riverside County Agricultural Commissioner prior to submitting for signature by
the City Engineer. Plans are not approved for construction until signed by the
City Engineer.
57. 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 long public streets.
58. Only incidental stormwater will be permitted to be retained in landscape areas.
The perimeter setback and parkway areas in the street right of way shall be
shaped with berms and mounds, pursuant to Section 9.100.040(B) (7), LQMC.
PUBLIC SERVICES
59. The applicant shall provide public transit improvements as required by Sunline
Transit and approved by the City Engineer.
QUALITY ASSURANCE
60. The applicant shall employ construction quality -assurance measures that meet
with the approval of the City Engineer.
61. The applicant shall employ, or retain, qualified engineers, surveyors, and such
other appropriate professionals as are required to provide the expertise with
which to prepare and sign accurate record drawings, and to provide adequate
construction supervision.
Resolution No. 2002-29
---- Conditions of Approval - Final
Site Development Permit 2001-711
Rif Development
February 19, 2002
Page 16
62. The applicant shall arrange for, and bear the cost of, all measurements,
sampling and testing procedures not included in the City's inspection program,
but which may be required by the City, as evidence that construction materials
and methods employed comply with the plans, specifications and other
applicable regulations. After tributary -area improvements are complete and soils
have been permanently stabilized where retention basins have been constructed,
testing shall include sand filter percolation tests, as approved by the City
Engineer.
63. Upon completion of construction, the applicant shall furnish the City
reproducible record drawings of all public improvement plans which were signed
by the City Engineer. 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 AutoCAD or raster -image files previously submitted to the City to
reflect the as -built conditions.
MAINTENANCE
64. The applicant shall comply with the provisions of Section 13.24.160
(Maintenance), LQMC.
65. The applicant shall make provisions for continuous, perpetual maintenance of
all private on -site improvements, perimeter landscaping, access drives, and
sidewalks.
FEES AND DEPOSITS
66. The applicant shall comply with the provisions of Section 13.24.180 (Fees and
Deposits), LQMC.
GENERAL:
67. The subdivider 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 tentative
map amendment or any final map thereunder. The City shall have sole discretion
in selecting its defense counsel.
Resolution No. 2002-29
Conditions of Approval - Final
Site Development Permit 2001-711
Rif Development
February 19, 2002
Page 17
The City shall promptly notify the subdivider of any claim, action or proceeding
and shall cooperate fully in the defense.
68. No signage is approved as part of this approval. The project proponent shall
submit a master signage program for Planning Commission approval.
69. Proposed buildings for the gas station site, or pads A, B, C, D, E or F shall be
required to submit separate Site Development Permits.
70. All buildings on the site, and particularly the drug store building, shall be
designed to include the covered walkways and heavy pillars proposed for the
supermarket building. The design of the entire site shall demonstrate a
consistent level of architectural detailing with specific attention to rear
elevations.
71. The entry of the drug store building shall be squared on the corner, and
consistent with the supermarket building design.
72. The retention basin landscaping shall be redesigned to include landscaping on
the slopes and bottom of sufficient size and density to stabilize soils.
73. The project site plan (and all exhibits which use the site plan as a base map)
shall be redesigned to provide trash enclosures adjacent to the building which
they serve. The new site plan shall be submitted to the Community
Development Department for review and approval prior to submittal of the final
document after City Council approval.