CC Resolution 2006-050RESOLUTION NO. 2006-050
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA, CALIFORNIA, APPROVING 20
RESIDENTIAL CONDOMINIUM UNITS ON ± 1.23
ACRES
CASE NO. VILLAGE USE PERMIT 2005-030
APPLICANT: BORREGO RESORT HOLDINGS, INC.
WHEREAS, the City Council of the City of La Quinta, California, did
on the 2"d day of May, 2006, hold a duly -noticed Public Hearing to consider the
Planning Commission recommendation on Village Use Permit 2005-030, a request
to develop. 20 residential condominium units on ± 1.23 acres, located on the south
side of Calle Tampico, between Avenida Villa and Avenida Navarro, more
particularly described as:
LOTS 3 THROUGH 11, BLOCK 123,SANTA CARMELITA AT VALE LA QUINTA,
UNIT 14, MAP BOOK 18/82-83
WHEREAS, the Planning Commission of the City of La Quinta,
California, did on the 11 th day of April, 2006, hold a duly -noticed Public Hearing to
consider adoption of a recommendation on Village Use Permit 2005-030, and in
fact, did adopt Planning Commission Resolution 2006-021, recommending to the
La Quinta City Council approval of said Village Use Permit; and,
WHEREAS, the La Quinta Community Development Department has
prepared Environmental Assessment 2005-552, and has determined that, although
the proposed project could have a significant effect on the environment, there will
not be a significant effect in this case because mitigation measures incorporated
into the project approval will mitigate or reduce any potential impacts to a level of
non -significance; and,
WHEREAS, the Planning Commission of the City of La Quinta,
California, did, on the 1 1 t' day of April,'-2006, adopt Planning Commission
Resolution 2006-018, recommending to the La Quinta City Council certification of
a Mitigated Negative Declaration based on the findings of Environmental
Assessment 2005-552; and,
WHEREAS, at said Public Hearing, upon hearing and considering all
testimony and arguments of all interested persons desiring to be heard, the City
Council did make findings to justify a recommendation for approval of Village Use
Permit 2005-030:
Resolution No. 2006-050
Village Use Permit 2005-030 - Borrego Resort Holdings, Inc.
Adopted: May 2, 2006
Page .2
1. The proposed Village Use Permit 2005-030 is consistent with the La. Quinta
General Plan, in that the proposed project density of 16 units per acre
provides for the maximum permissible density under the High Density
Residential land use category of up to 16 units per acre.
2. The proposed Village Use Permit 2005-030 is consistent with the Land Use
Element Vision Statement, in that the design, height, scale and mass of the
project does promote a high quality, balanced character. of development
density, that will enhance the beauty of the surrounding mountains and
desert environment.
3. The proposed Village Use Permit 2005-030 is consistent with the
requirements and intent of the La Quinta Zoning Code, in that the project
provides for 66 on -site parking stalls, constituting 100% of the required total
parking for the project, which exceeds that provided for other similarly zoned
properties. The maximum height of the building, at 38.5 feet and 2.5 stories
exceeds the maximum allowances of the Village Commercial zoning district;
however, Specific Plan 2005-076 has been submitted with development
standards to allow these heights. The La Quinta Zoning Code permits
Specific Plans which provide for alternative development standards, in order
to. allow flexibility in development provisions, which allows creativity in
design and land use solutions.
4. Approval of the proposed Village Use Permit 2005-030 will not create
conditions materially detrimental to the public health, safety and general
welfare, injurious to or incompatible with other properties and land uses in
the vicinity. The project promotes a high quality, balanced character of
development density, enhances the beauty of the surrounding mountains and
desert environment, provides for and promotes the preservation of open
space, is compatible with surrounding development, provides adequate
parking for it's residents, and promotes growth in consideration of the
unique quality of life and community character that the City promotes for the
Village at La Quinta and the surrounding neighborhoods.
5. The architectural design aspects of the proposed Village Use Permit 2005-
030, including but not limited to, architectural style, scale, building mass,
and other elements, are compatible with surrounding development and
quality of design illustrated in the Village at La Quinta Design Guidelines. The
design, height, scale and mass of the project promotes a high quality,
balanced character of development density that will enhance the beauty of
the surrounding mountains and desert environment.
Resolution No. 2006-050
Village Use Permit 2005-030 - Borrego Resort Holdings, Inc.
Adopted: May 2, 2006
Page 3
6. The site design aspects of the proposed Village Use Permit 2005-030,
including but not limited to, project density, parking provisions, interior
circulation, open space amenities, and other elements, are compatible with
surrounding development and quality of design illustrated in the Village at La
Quinta Design Guidelines. The project density, as proposed at 16 units per
.acre, is compatible with similar surrounding properties designated for a
maximum permissible density of 16 units per acre.
7. The project landscaping for the proposed Village Use Permit 2005-030,
including but not limited to, location, size, type and coverage of plant
materials, has been designed to provide visual relief, complement the
building, unify and enhance visual continuity of the site with surrounding
development, and be consistent with the concepts in the Village at La Quinta
Design Guidelines. The project provides landscaping in its interior and
exterior perimeters, which accentuates the surrounding streetscapes along
Avenida Villa, Avenida Navarro and Calle Tampico. The project as proposed
provides for and promotes the preservation of open space, for both passive
recreational and aesthetic purposes.
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 grant approval of Village Use Permit 2005-030 for the
reasons set forth in this Resolution, subject to the Conditions of Approval
attached hereto.
PASSED, APPROVED, and ADOPTED at a regular meeting of the City
of La Quinta Planning Commission, held on this the 2nd day of May, 2006, by the
following vote, to wit:
AYES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
Resolution No. 2006-050
Village Use Permit 2005-030 - Borrego Resort Holdings, Inc.
Adopted: May 2, 2006
Page 4
DON ADOLPH, V/ayor
City of La Quinta, California
ATTEST:
JU fEK, MMC, Cit rk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
M. K THERIN JENSON, ity Attorney
City of La Quinta, California
CITY COUNCIL RESOLUTION NO. 2006-050 EXHIBIT "A"
CONDITIONS OF APPROVAL FINAL
VILLAGE USE PERMIT 2005-030
CASA LA QUINTA — BORREGO RESORT HOLDINGS, INC.
MAY 2, 2006
GENERAL CONDITIONS OF APPROVAL
1. Village Use Permit 2005-030 (VUP 2005-030) shall be developed in
compliance with these conditions and all approved site plan, elevation, color,
materials and other approved exhibits submitted for this application, and any
subsequent amendment(s). In the event of any conflicts between these
conditions, these conditions shall take precedence.
2. This approval shall expire two years after its effective date, as determined
pursuant to Section 9.200.060.0 of the Zoning Code, unless extended
pursuant to the provisions of Section 9.200.080. The applicant shall be
responsible for monitoring the approval and expiration dates.
3. 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 or any application thereunder. The. City shall have
sole discretion . in selecting its defense counsel. The City shall promptly notify
the developer of any claim, action or proceeding and shall cooperate fully in
the defense.
4. Village use Permit 2005-030 shall comply with all applicable conditions
and/or mitigation measures for the following related approvals:
A. Environmental Assessment 2005-552
B. Specific Plan 2005-076
C. Tentative Tract 34038
In the event of any conflict(s) between approval conditions and/or provisions
of these approvals, the Community Development Director shall determine
precedence.
5. Prior to the issuance of any permit by the City, the applicant shall obtain the
necessary permits and/or clearances from the following agencies:
• Riverside County Fire Marshal
• La Quinta Building and Safety Department
• La Quinta Public Works Department (Grading Permit, Green Sheet, Public
Works Clearance for Building Permits, Improvement Permit)
Resolution No. 2006-050
Conditions Of Approval - FINAL
Village Use Permit 2005-030 Borrego Resort Holdings, Inc.
May 2, 2006
Page 2
• La Quinta Community Development Department
• Riverside County Environmental Health Department
• Desert Sands Unified School District
• Coachella Valley Water District (CVWD)
0 Southern California Gas Company
• Imperial Irrigation District (IID)
• California Water Quality Control Board (CWQCB)
Waste Management of the Desert
SCAQMD
The applicant is responsible for all requirements of the permits and/or
clearances from. the above listed agencies. When the requirements include
approval of improvement plans, the applicant shall furnish proof of such
approvals when submitting those improvement plans for City approval.
A project -specific NPDES construction permit .must be obtained by the
applicant; and who then shall submit a copy of the Regional Water Quality
Control Board's ("RWQCB") acknowledgment of the applicant's Notice of
Intent ("NOI"), prior to the issuance of a grading or site construction permit by
the City.
6. The applicant shall comply with applicable provisions of the City's- NPDES
stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater
Management and Discharge Controls) and 13.24.170 (Clean Air/Clean
Water), LQMC; Riverside County Ordinance No. 457; and the State Water
Resources Control Board's Order No. 99-08-DWQ.
A. For construction activities including clearing, grading or excavation of
land that disturbs one (1) acre or more of land, or that disturbs less
than one (1) acre of land, but which is a part of a construction project
that encompasses more than one (1) acre of land, the Permitee shall
be required to submit a Storm Water Pollution Protection Plan
("SWPPP").
The applicant or design professional can obtain the California
Stormwater Quality Association SWPPP template at
www.cabmphandbooks-com for use in their SWPPP preparation.
B. The applicant's SWPPP shall be approved by the City Engineer prior to
any on or off -site grading being done in relation to this project.
Resolution No. 2006-050
Conditions Of Approval - FINAL
Village .Use Permit 2005-030 Borrego Resort Holdings, Inc.
May 2, 2006
Page 3
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 (Definitions), LQMQ:
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 erosion and sediment control BMPs proposed by the applicant shall
be approved by the City Engineer prior to any onsite or offsite grading,
pursuant to this project.
F. The approved SWPPP and BMPs shall remain in effect for the entire
duration of project construction until all improvements are completed
and accepted by the City.
7. Approval of this Village Use Permit shall not be construed as approval for
any horizontal dimensions implied by any site plans or exhibits unless
specifically identified in the following conditions of approval
PROPERTY RIGHTS
8. Prior to issuance of any permit(s), the applicant shall acquire or confer
easements and other property rights necessary for the construction or proper
functioning of the proposed development. Conferred rights shall include
irrevocable offers to dedicate or grant access easements to the City for
emergency services and for maintenance, construction and reconstruction of
essential improvements.
Resolution No. 2006-050
Conditions Of Approval - FINAL
Village Use Permit 2005-030 - Borrego Resort Holdings, Inc.
May 2, 2006
Page 4
9. 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 and conditioned upon Tentative
Tract 34038.
10. The public street right-of-way offers for dedication required for this
development include:
A. PUBLIC STREETS
1. Calle Tampico (Primary Arterial Option B, 100' .ROW) - No
additional right of way dedication is required from the standard
5.0 feet from the. Centerline of Calle Tampico for a total of 100-
foot ultimate developed right-of-way.
2. Avenida Villa (west frontage), Avenida Navarro (Local Streets,
60' ROW) No additional right of. way dedication is required from
the standard .30 feet from the centerline of the street for a total
of. 60-foot ultimate developed right-of-way.
3. Avenida Villa (south frontage); Local Street, 50' ROW) - No
additional right of way dedication is required from the standard
30 feet from the centerline of the street for a total of 50-foot
ultimate developed right-of-way. An additional 5-foot utility
easement shall be established along the property line on Avenida
Villa.
11. The applicant shall create perimeter landscaped setbacks along all public
rights -of way as follows:
A. Calle Tampico (Primary Arterial) 20 feet from right-of-way/property
line.
The setback requirement shall apply to all frontages including, but not limited
to, remainder parcels, right-of-way reversions, 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.
Resolution No. 2006-050
Conditions Of Approval FINAL
Village Use Permit 2005-030 - Borrego Resort Holdings, Inc.
May 2, 2006
Page 5
12. The applicant shall offer for dedication those. easements necessary for the
placement of, and access to, utility lines sand structures, .drainage facilities,
mailbox clusters, and common areas shown on the Village Use Permit.
13. Direct vehicular access to Calle Tampico, Avenida Villa, and Avenida Navarro
is restricted, except for the entry drive access from Avenida Villa, as shown
on the Village Use Permit site plan and Tentative Tract 34038.
14. The applicant shall furnish proof of easements or written permission, as
appropriate, from owners of any abutting properties on which grading,
retaining wall construction, permanent slopes, or other encroachments are to
occur.
15. The applicant shall cause no easements to be granted, or recorded, over any
portion of the subject property, between the date of approval of this Village
Use Permit and the date of final acceptance of the, on -site and off -site
improvements for this Village Use Permit, and as applicable under Tentative
Tract 34038, unless such easements are approved by the City Engineer.
16. Tentative Tract 34038 shall have been recorded prior to issuance of any
permit for the main building, including foundation only permits.
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.
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 (Improvement Plans), LQMC.
18. 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 minimum scale specified,
unless otherwise authorized by the City Engineer in writing. Plans may be
prepared at a larger scale if additional detail or plan clarity is desired.
Note: the applicant may be required to prepare other improvement plans not
listed here pursuant to improvements required by other agencies and utility
purveyors.
Resolution No. 2006-050
Conditions Of Approval -FINAL
Village Use Permit 2005-030.- Borrego Resort Holdings, Inc.
May 2, 2006
Page 6
A. On -Site Rough Grading Plans lit = 30' Horizontal
B. PM 10 Plan 1 = 40' Horizontal
C. SWPPP 1 " = 40' Horizontal
D. On -Site Precise Grading/Storm Drain Plans ill = 30' Horizontal
NOTE: A through D to be submitted concurrently.
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.
"Rough Grading" plans shall normally 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.
The applicant shall prepare an accessibility assessment on a marked up print
of the building floor plan identifying every building egress and . notes the 2.001
California Building Code accessibility requirements associated with each door.
The assessment must comply with submittal requirements of the Building &
,Safety Department. A copy of the reviewedassessment shall be submitted to
the Engineering Department in conjunction with the On -Site Precise Grading
Plan when it is submitted for plan checking.
On -Site Precise Grading 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.
19. The City maintains standard -plans, details and/or construction notes for
elements of construction on the Public Works Online Engineering Library at the
City website (www.la-quinta.orq). Navigate to the Public Works Department
home page and look for the Online Engineering Library hyperlink.
20. The applicant shall furnish a complete set of the AutoCAD files of all 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.
Resolution No. 2006-050
— Conditions Of Approval - FINAL
Village Use Permit 2005-030 - Borrego Resort Holdings, Inc.
May 2, 2006
Page 7
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 that can. be converted to an AutoCAD format, the City
Engineer will accept raster -image. files of the plans.
21. Village Use Permit 2005-030 shall comply with all applicable conditions of
approval of Tentative Tract 34038, with respect to Improvement Plans,
Improvement Security Agreements and other appropriate requirements.
GRADING
22. The applicant shall comply with the provisions of Section 13.24.050 (Grading
Improvements), LQMC.
23. 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.
24. 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,
C. A Fugitive Dust Control Plan prepared in accordance with Chapter
6.16 (Fugitive Dust Control), LQMC.
D. A Best Management Practices report prepared in accordance with
Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge
permit and Storm Management and Discharge Controls), 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 the Final Map that a soils report has been
prepared in accordance with the California Health & Safety Code § 17953.
Resolution No. 2006-050
Conditions Of Approval - FINAL
Village Use Permit 2005-030 - Borrego Resort Holdings, Inc.
May 2, 2006
Page 8
The applicant shall furnish security, in a form acceptable to the City, and in -
an amount sufficient to guarantee compliance with the approved Fugitive
Dust Control Plan provisions as submitted with its application for a grading
permit.
25. Grading within the perimeter setback and parkway. areas shall have
undulating terrain and shall conform with the requirements of LQMC Section
9.60.240(F) except as otherwise modified by this condition requirement.
The maximum slope shall not. exceed 3:1 an in the landscape setback
area, except for the backslope (i.e. the slope at. the back of the landscape
lot) which shall not exceed 2:1 if fully planted with ground cover. The
maximum slope in the first six (6) feet adjacent to the curb shall not exceed
4:1 when the nearest edge of sidewalk is within six feet (6') of the curb,
otherwise the maximum slope within the right of way shall not exceed 3:1
All unpaved parkway areas adjacent to the curb shall be depressed one and
one-half inches 0.5") in the first eighteen inches (1811) behind the curb.
26. Building pad elevations on the rough grading plan submitted for City
Engineer's approval shall conform with pad elevations shown on the
tentative map, unless the pad elevations have other requirements imposed
elsewhere in these Conditions of Approval.
27. Prior to any site grading or regrading that will raise or lower any portion of
the site by more than plus or minus three tenths of a foot from the
elevations shown on the approved Tentative Tract Map No. 34038, the
applicant shall submit the proposed grading changes to the City Staff for a
substantial conformance finding review
28. Prior to the issuance of a building permit for any building lot, the applicant
shall provide a lot pad certification stamped and signed by a qualified
engineer or surveyor.
Each pad certification shall list the pad elevation as shown on the approved
grading plan, the actual pad elevation and the difference between the two, if
any. Such pad certification shall also list the relative compaction of the pad
soil. The data shall be organized by lot number, and listed cumulatively if
submitted at different times.
29. This development shall comply with Chapter 8.11 (Flood Hazard
Regulations), LQMC. If any portion of any proposed building lot in the
development is or may be located within a flood hazard area as identified on
Resolution No. 2006-050
Conditions Of Approval. - FINAL
Village Use Permit 2005-030 - Borrego Resort Holdings, Inc.
May 2, 2006
Page 9
the City's Flood Insurance Rate Maps, the development shall be graded to
ensure that : all floors and exterior fill (at the foundation) are above the level
of the project (100-year) . flood and building. pads are compacted to 95%
Proctor Density as required in Title 44. of the Code of Federal Regulations,
Section 65.5(a) (6). Prior to issuance of building permits for lots which are
so located, the applicant shall furnish elevation certifications, as required by
FEMA, that the above conditions have been meta
DRAINAGE
30. Stormwater handling shall conform with the approved hydrology and
drainage report for this Village Use Permit. The applicant shall comply with
the provisions of Section 13.24.1.20 (Drainage), LQMC, Engineering Bulletin
No. 97.03 .and Public Works Department Underground Retention Basin
Design Requirements submitted July 16, 2005 and revised November 17,
2005, as applicable.
On -site nuisance water" shall be transported through underground drainage
facilities to the existing 2.5' high by 10' wide double reinforced concrete box
along the south side of Calle Tampico and as approved by the City Engineer.
31. Storm drainage historically received from adjoining property shall be received
and retained or passed through into the historic downstream drainage relief
route.
32. As preliminary exploratory soils borings indicate no percolation for existing
soils, the percolation rate will be considered to be zero.
33. The design of the development shall not cause any increase in flood
boundaries, levels or frequencies in any area. outside the development. 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. 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 of the City Engineer.
Resolution No. 2006-050
Conditions Of Approval FINAL
Village Use Permit 2005-030 - Borrego Resort Holdings, Inc.
May 2, 2006
Page 10
UTILITIES
34. The applicant shall comply with the provisions of Section 13.24.110
(Utilities), LQMC.
35. 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.
36.1 All proposed utilities shall be installed underground. 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
37. The applicant shall comply with all Street and Traffic Improvement
conditions as specified in the approval for Tentative Tract 34038. In the
event that said Tentative Tract is invalidated, those conditions shall continue
to be valid and applicable for this Village Use Permit.
PARKING LOTS AND ACCESS DRIVEWAY
38. The design of parking facilities shall conform to LQMC Chapter 9.150
(Parking), except where the. approved plans and/or these conditions shall
take precedence. Al designs shall comply with the latest ADA standards and
policies.
39.. The high point.of the access driveway to the parking garage shall be at least
one foot higher than the gutter flow line at the street.
40. Grade breaks and vertical curves at the access driveway to the parking
garage shall be designed to standards as may be approved by the Public
Works and Community Development Directors. The final design shall place
the parking level at 4 to 5 feet below grade.
Resolution No. 2006-050
Conditions Of Approval FINAL
Village Use Permit 2005-030 Borrego Resort Holdings, Inc
May 2, 2006
Page 11
41. Use of wheel stops is permitted in the below -grade parking area, with the
exception of any parallel parking stalls. Ultimate. location of wheel stops are
subject to review/approval of the Community Development and Public Works
Departments
42. Design and final location of all on -site trash . and recyclables collection
facilities shall be reviewed and approved by Waste Management, with the
written and/or stamped plan approval to be submitted during the building
plan check process. Applicant shall consult with Waste Management on
design . of all trash and recyclable facility collection, storage and servicing
requirements, to include number and sizing of bins, location and service
accessibility, and handling of green wastes. No building permit for these.
facilities, or any structure related or integral to them, shall be issued without
Waste Management review, and final approval by the Community
Development Director. All gates and/or doors associated with., waste
facilities shall be of an upgraded design consistent with the building's color
and architectural theme, and shall remain secured at all times.
43. Handicap access and facilities shall be provided in accordance with Federal
(ADA), State and local requirements. Handicap accessible parking shall
generally conform to the approved exhibits for VUP 2005-030.
44. All parking area civil plans and improvements shall be developed in
accordance with the standards set forth in applicable portions of Section
9.150.080 of the Zoning Code, and these conditions, which shall take
precedence in the event of any conflicts with said Section.
CONSTRUCTION
45. The City will conduct final inspections of habitable buildings only when the.
buildings have improved street and (if required) sidewalk access to publicly
maintained streets. The improvements shall include required traffic control
devices, pavement markings and street name signs. If on -site streets. in
residential developments are initially constructed with partial pavement
thickness, the applicant shall complete the pavement prior to final
inspections of the last ten- percent of homes within the development or when
directed by the City, whichever comes first.
Resolution No. 2006-050
Conditions Of Approval - FINAL
Village Use Permit 2005-030 - Borrego Resort Holdings, Inc.
May 2, 2006
Page 12
QUALITY ASSURANCE
46. The applicant. shall employ construction quality -assurance measures which
meet the approval of the City Engineer.
47. The applicant . shall employ or retain qualified engineers, surveyors, or 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.
48. The applicant shall arrange for, and bear the cost of, ..all 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 employed comply with. plans, specifications and other applicable
regulations.
49. Upon completion of construction, the applicant shall furnish the City with
reproducible record drawings of all improvement plans which were approved
by the City. Each sheet shall be clearly marked "Record Drawing," "As -..Built
or "As -Constructed and shall be stamped and signed by the engineer or
surveyor certifying to the accuracy and completeness of the drawings. The
applicant shall have all AutoCAD or raster -image files previously submitted to
the City revised to reflect the as -built conditions.
50. The applicant shall make provisions for . the continuous and perpetual
maintenance of all private on -site improvements, perimeter landscaping,
access drives, and sidewalks, which shall be reflected in the tract CC&R's.
FEES AND DEPOSITS
51. 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.
52. Provisions shall be made to comply with the terms and requirements of the
City's adopted Art in Public Places program in effect at the time of issuance
of building permits.
- " � 1 ..
Resolution No. 2006-050
w _ Conditions Of Approval - FINAL
Village Use
Permit 2005-030 - Borrego Resort Holdings, Inc.
May 2, 2006
Pagel
53.
Permit(s) issued under this approval shall be subject to the provisions of the
Infrastructure Fee Program and Development Impact Fee ` program, as in
effect at the time said permit(s) are issued.
54.
App.licant shall have paid the in -lieu park land . dedication fees associated with
TT .34038, prior to issuance of any permits for the building..
55.
Prior to completion of any approval process for modification of boundaries of
the property or lots subject to these conditions, the applicant shall process a
reapportionment of any bonded assessment(s) against the property and pay
the cost of such reapportionment.
FIRE PROTECTION
56.
Approved super fire hydrants, shall be spaced every 330 feet .and shall. be
located not less than 25 feet nor more than 165 feet from any portion of the
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buildings as measured along outside travel ways. Off -site fire hydrants are
required every 660 feet around the perimeter of the project.
57.
Blue dot reflectors shall be placed in the street 8 inches from centerline to
the side that the fire hydrant is on, to identify fire hydrant locations.
58.
The water mains shall be capable of providing a potential fire flow of 4,000
gpm and the actual fire flow from any two adjacent hydrants .shall be 2,000
gpm for a 2-hour duration at 20-psi residual operating pressure.
59.
City of La Quinta ordinance requires all commercial buildings 51,000 sq. ft. or
larger to be fully sprinkled. NFPA 13 Standard. Area separation walls may
not be used to reduce the need for fire sprinklers. Sprinkler plans will need
to be submitted to the Fire Department.
60.
Fire Department connections (FDC) shall be not less than 25 feet nor more
than 50 feet from a fire hydrant and shall be located on the front street side
of the buildings. FDC's and PIV's may not be Located at the rear of
buildings. Note: A 1313 fire sprinkler may be considered for this project, if it
is approved FDC connections may be wall mounted, -contact the fire
department for details.
Resolution No. 2006-050
Conditions Of Approval - FINAL
Village Use Permit 2005-030 - Borrego Resort Holdings, Inc.
May 2, 2006
Page 14
61. Building plans shall be submitted to the Fire Department for plan review to
run concurrent with the City plan check Any submissions to the fire
department are the responsibility of the applicant.
62. Water plans for the fire protection system (fire hydrants, fdc, etc.) shall be
submitted. to the Eire Department for approval prior to issuance of a building
permit.
63. The. required water system, including fire hydrants, shall be installed and
accepted by the` appropriate water agency prior to any combustible building
material being placed on an individual lot.
64. Fire Department- street access shall come to within 150 feet of all portions of
the 1 ". floor of all buildings, by path of exterior travel. Minimum road width
is 24 feet clear and unobstructed with a vertical clearance of 13 %2 feet
clear. Turning radiuses shall be no less than 38 feet outside.
65. The applicant or developer shall prepare and submit to the Fire Department
for approval, a site plan designating required fire lanes with appropriate lane
painting and/or signs. Streets shall be a minimum 24 feet wide with a height
of 13"6" clear and unobstructed.
66. Install a KNOX key box on each commercial building and/or suite. (Contact
the fire department for an application)
67. Install portable fire extinguishers as required by the. California Fire Code.
POLICE SERVICES
68. The project shall employ use of digital cameras and sound monitors that
record vehicles entering and leaving the parking level. Digital cameras shall
also be located within the parking level, to keep parked vehicles under
surveillance and observe any trespassing or loitering. The presence of all
such cameras shall be indicated by the posting of signs. All cameras shall be
monitored by a building staff member, security, concierge or other personnel
as appropriate. Elevators shall incorporate monitoring with cameras and
microphones, or use "see -through materials for the elevator walls.
Resolution No. 2006-050
Conditions Of Approval - FINAL
Village Use Permit 2005-030 Borrego Resort Holdings, Inca
May 2, 2006
Page 15
69. Pedestrian entrance into the parking level shall be located adjacent to the
vehicular entry, and .shall be designed to define and clearly separate
pedestrian and vehicular access so as to avoid potential pedestrian/vehicle
conflicts.
70. To the extent it is feasible, stairwells* shall be constructed to be open and
visible, without solid walls.
71 Elevators shall be placed in close proximity to main entrances, with the entire
interior. in view when doors are open. No permanent stop buttons shall be
installed in elevators.
72. All parking stalls and driving aisles shall be fully illuminated. Lighting shall be
incorporated into the parking level design as a critical safety and security
feature.
73. Install convex view mirrors to provide visibility around corners into any
hidden spaces that cannot be eliminated in the original design.
74. Individual parking spaces shall be numbered so the exact location of vehicle
theft, break-ins and other incidents can be reported. The numbering system
shall not. use resident/unit numbers to avoid any empty space being
construed as an unoccupied residence.
75. All building lighting, particularly in the parking level, shall be diligently
maintained. All parking level surfaces shall be kept clean and light-colored to
reflect light. Walls and ceilings should be a glossy white or light color.
COMMUNITY DEVELOPMENT
76. The applicant shall submit a_detailed project exterior area lighting. plan. All
lighting improvements, including parking level lighting, exterior balconies,
patios, etc., shall meet the criteria set forth in Chapter 9.`150 and Section
9.100.150, LQMC, as related to lighting for the site. Under canopy lighting
for building areas shall incorporate flush lens caps or similar recessed ceiling
lighting, but is prohibited on exterior and interior balconies and patios.
Resolution No. 2006-050
Conditions Of Approval - FINAL
Village Use Permit 2005-030 Borrego Resort Holdings; Inc.
May 2, 2006
Page 16
The lighting plan shall be submitted for review at the time construction plan
check for the permanent building permit is made to Building and Safety. Plans
shall include detailed specifications and photos, etc., of all exterior lighting
fixtures. Landscape -specific lighting shall be submitted as part of landscape
plan review.
77. All roof -mounted mechanical equipment must be internal to the roof design,
or screened as .an integral .part of the roof structure, in a manner so as not to
be visible from surrounding properties and streets. Working drawings
showing all such equipment and locations shall be submitted to the Building
and Safety Department along with the , construction plan submittal, for
building permits. The method and design must be approved by the
Community Development Department, prior to any issuance of the main
structural building permit.
78. An acoustical analysis shall. be prepared for the building's interior and
exterior spaces of the residential units. The analysis shall demonstrate that
these areas comply with the respective interior/exterior CNEL standards of
the La Quinta General Plan, as in effect at the time of building permit
application. In addition, the analysis shall address the location of the project
in the context of surrounding land use. The Village Commercial district
allows a broad range of land uses, including commercial, retail, restaurant,
recreation and entertainment, all of which are in close proximity of this
project. The analysis shall provide recommendations for noise reduction
measures, in consideration of this.
79. The project CC&R's submitted for review by the City, shall include a
comprehensive disclosure statement regarding noise, light, glare, and
assembly of people associated with the Village land use designation applied
to the surrounding properties.
80. A final material and color specifications plan/palette shall be submitted to the
Community Development Department as part of the building plan check
process. The plan shall outline all exterior colors and materials to be used
and shall include samples to the .extent it is reasonable, in terms of sample
size, quantities, etc. Once approved, the approved materials and colors shall
be referenced in the -architectural details, construction notes, etc. (as
appropriate) of the final plan review set.
Resolution No. 2006-050
Conditions Of Approval FINAL
Village Use Permit 2005-030 - Borrego Resort Holdings, Inc.
May 2. 2006 _
Page 17
81. Based on the provisions of Condition 6.D of the specific plan approval (SP
2005-076), technical requirements of construction drawings which result in
revisions to the general building design as approved will be considered within
the 5 % contingency limitation as specified in said Condition. Specifically,,
final design of the parking level entry required to accommodate ADA
mandates will be an acceptable criteria for application 'of the 5 %
contingency. Based on Specific Plan Section 4.4.1, the building may not at.
any height extend beyond 38 feet, 6 inches, plus 5 % (40 feet, 4 inches),
and only with the approval of the Community Development Director. Any
revisions determined to substantially deviate from the approved height
parameters, or. other design factor(s), shall be reviewed by the Planning
Commission and City Council as a Business Item. However, the applicant
shall make every effort to maintain the lowest overall heights of the building,
with no point higher than 40 feet . measured from the relative adjacent grade
at property line. In meeting these criteria, the parking level floor: grade shall
be established between 5 feet .(high side) and 4 feet (low side) below finish
grade at adjacent property lines.
82. The building plans submitted . for plan check shall incorporate the following
revisions:
A. The tile roof material shall be a two-piece mission clay style, and shall
incorporate a full mudded treatment.
B. Provide recessed windows, eave extensions and other elements that
will achieve a greater degree of solar control particularly on the west
building elevation.
C. Building edges shall incorporate rounded corners.
D. All exposed wood trellis. structures. shall be pressure -treated or a glue
lam construction.
E. The access stairway at the southeast of the building shall be revised in
a manner to reduce the appearance of excessive protrusion from the
main building structure.. Review of this requirementshall be
accomplished at the staff level during plan check. The design. shall.
address potential safety and security concerns, as well as better
integration into the overall building design.
F. All balcony, patio, courtyard, gates and other fencing shall employ
authentic wrought iron in their design throughout the project. This
includes the common area pool fencing. The vehicle entry gate shall
be of a decorative design with a painted or other finish, and not a
standard metal gate.
Resolution No. 2006-050
Conditions Of Approval FINAL
Village Use Permit 2005-030 - Borrego Resort Holdings, Inc.
May 2, 2006
Page 18
G. Exterior lighting fixtures shall be of an upgraded quality and shall
attach to the building, with no recessed lighting to be used in exterior
building features; soffits, balcony and patio areas.
H. The exposed stone effect shown on the courtyard elevations shall be
removed; in favor of the overall smooth plaster finish.
I. The building shall provide for bicycle facilities, through reservation of
areas. for bicycle storage for residents and bicycle racks and locations
for visitors and guests. Such facilities shall be specifically shown on
and reviewed as part' of construction documents to be submitted for
plan check.
CULTURAL RESOURCES
83. The site shall be monitored during on and off -site trenching and rough
grading by qualified archaeological monitors. Proof of retention of monitors
shall be given to the City prior to issuance of first earth -moving . or clearing
permit.
84. The final report on the monitoring shall be submitted to the Community
Development Department prior to the issuance of the first Certificate of
Occupancy for the project.
85. Collected archaeological resources shall be properly packaged for long term
curation, in polyethylene self -seal bags, vials, or film cans as appropriate, all
within acid -free, standard size, comprehensively labeled archive boxes and
delivered to the City prior'to issuance of first Certificate of Occupancy for
the property. As part of the collection process, the recording and reburial of
artifacts shall be evaluated in consultation with Tribal organizations. This shall
include the return of artifacts to the involved Tribe(s), for potential reburial at the
location of discoveryof the artifact, after completion of the project earthwork.
Materials shall be accompanied by descriptive catalogue, field notes and
records, primary research data, and the original graphics.
86. The conditions of approval for this item shall be included in the submitted
report, "A Cultural Resources Survey of the Proposed Casa La Quinta
Project, Riverside County, California", prepared by Foothill Archaeological
Services, prior to issuance of first permit requiring monitoring.
Resolution No. 2006-050
Conditions Of Approval - FINAL
Village Use Permit 2005-030 - Borrego Resort Holdings, Inc.
May 2. 2006
Page 19
87. Pursuant to their request, the monitoring crew shall include a member of the
Ramona Band. of Cahuilla Indians, if requested by the Ramona Band. in
writing.
88. If Native American cultural resources are discovered during monitoring or the
subsequent construction phase, the Morongo Band of Mission Indians,
Ramona Band of Cahuilla Indians and the Agua Caliente Band of Cahuilla
Indians, shall each be notified and allowed to consult on the discovery and
its disposition.
PALEONTOLOGICAL RESOURCES
89, Prior to groundbreaking, a field survey shall be conducted by the applicant in
order to identify and document potential surface fossiliferous resources. A
report of findings from the field survey shall. be transmitted to Community
Development Department and shall be provided to site monitors prior. to
beginning. of any earth -moving.
90. On and off -site monitoring of earth -moving and. grading in areas identified as
likely to contain paleontological resources shall be conducted by .a qualified
paleontological monitor. The monitor shall be equipped to salvage fossils as
they are unearthed to. avoid construction delays and to remove samples of
sediments that are likely to contain the remains of small fossil invertebrates
and vertebrates. The monitor shall be empowered to temporarily halt. or
divert equipment to allow removal of abundant or large specimens. Proof
that a monitor has been retained shall be given . to City prior to issuance of
first earth -moving permit, or before any clearing of the site is begun.
91. Recovered specimens shall be prepared to the point of identification and
permanent preservation, including washing of sediments to recover, small
invertebrates and: vertebrates.
92. A report of findings with an appended itemized inventory of specimens shall
be submitted to the City prior to the first occupancy of. a residence being
granted by the City.. The report shall include pertinent discussions. of the
significance of all.recovered resources where appropriate. The report and
inventory, when submitted will signify completion of the program to , mitigate
impacts to paleontological resources.
Resolution No. 2006-050
Conditions Of Approval - FINAL
Village Use Permit 2005-030 - Borrego Resort Holdings, Inc.
May 2, 2006
Page 20
93. Collected resources and related reports, etc. shall be given to the City for
curatiOn. Packaging of resources, reports, etc. shall comply with standards
commonly used in the paleontological industry.
LANDSCAPING;
94. The applicant shall submit all landscape plans, to include landscape lighting,
for approval through plan _.checking by the Public Works Department.
Community Development Department review will take place during this plan
check process.When plan checking has been completed. by the both
Departments, the applicant shall_ obtain the signatures of CVWD and the
Riverside County Agricultural Commissioner, prior to submittal for signature
by the City Engineer. Prior to CVWD review, the applicant shall provide
calculations. that meet the requirements of Chapter 8.13 of the Municipal
Code - Water Efficient Landscaping.
NOTE: Plans are not approved for construction until signed by the City
Engineer. All landscape and irrigation plans shall be signed and stamped by a
licensed landscape architect.
95. On -site landscape, landscape lighting and irrigation plans shall be submitted
for review by the ALRC and approval by the Community Development
Director. Plans shall be in substantial conformance with the conceptual
landscaping as approved for the project by Planning Commission, which shall
conform to the provisions of Specific Plan 2005-076 (Section 4.221,
Landscaping, and Appendix C, Landscape Palette).
96. - An area -specific design and landscape plan shall be submitted for the
common interior courtyard and pool area, subject to review by the ALRC and
final approval of the Community Development Director. The plan shall.
address definition of private/public, passive/active, and other spatial
relationships, through the use of landscaping, low walls, water features and
other focal elements, shading, etc. This plan shall be approved prior to
issuing a building permit for the residential units.
97. The Phoenix Dactylifera species (Date Palms) to be used shall be purchased
from within the Coachella Valley, per the requirement of the Riverside
County Agricultural Commissioner.
Resolution No.. 2006-050
- Conditions. Of Approval - FINAL
Village Use Permit 2005-030 .- Borrego Resort Holdings, .Inc.
May 21 2006
Page 21
98. Additional plant materials, such as shrubs, vines, and similar, shall be
employed. at the building base and planted so : as to accent the blank .wall
areas at the lower elevations between the grade and below the first floor
window lines. Use .of berms shall also be considered. A retaining/planter wall
plan will be required with theoverall landscaping plan layout, if such walls
will be provided or required.
99. All planting pots, and/or other similar containers, shall be placed at
appropriate intervals and automatic irrigation shall be provided to all such
containers. Second -story planter areas and/or containers shall incorporate or
tie into the building down drain, system; to avoid discoloration damage to the
building finishes.