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CC Resolution 2007-069RESOLUTION NO. 2007-069 A RESOLUTION OF THE OF THE CITY COUNCIL OF THE: CITY OF LA QUINTA, CALIFORNIA, UPHOLDING THE: PLANNING COMMISSION DECISION APPROVING DEVELOPMENT PLANS FOR A t 105,300 SQUARE FOOT COMMERCIAL RETAIL BUILDING (JC PENNEY'S), LANDSCAPING, AND PARKING LOT WITHIN THE CENTRE AT LA QUINTA LOCATED SOUTH OF AUTO CENTRE DRIVE, EAST OF ADAMS STREET, AND WEST OF LA QUINTA DRIVE CASE: SITE DEVELOPMENT PERMIT 2007-891 APPLICANT: STAMKO DEVELOPMENT CO. WHEREAS, the City Council of the City of La Quinta, California,, did on the 17"' day of July 2007, hold a duly noticed Public Hearing to consider an appeal by Stamko Development Co. regarding Condition Nos. 57, 63, 66, and 67 of Planning Commission Resolution 2007-031, for a Site Development Permit to construct a 1015,300 square foot commercial retail building, landscaping, and parking area on an 18.2 acre parcel of land area located south of Auto Centre Drive, east of Adams Street, and west of La Quinta Drive in the Centre at La Quinta project within the Regional Commercial Zoning District, more particularly described as: APN: 649-030-012, 649-670-013, 649-670-015 thru 649-670-022 WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 10" day of July, 2007, hold a duly -noticed Public Hearing to consider adoption of a recommendation on Site Development Permit 2007-891 and, after hearing and considering all testimony and arguments, did adopt Planning Commission Resolution 2007-031, recommending to the City Council approval of Site Development Permit 2007-891; and, WHEREAS, the Architecture and Landscaping Review Committee, did on the 27' day of June, 2007, at a regular meeting, recommend approval of the development plans, subject to conditions; and, WHEREAS, the Planning Department has published a public hearing notice in the Desert Sun newspaper on July 7, 2007 as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and Resolution No. 2007-069 Site Development Permit 2007-891 Stamko Development Co. & JC Penney's Adopted: July 17, 2007 Page 2 WHEREAS, the La Quinta Planning Department has determined that the request has been previously assessed in conjunction with Environmental Assessment 1997-337 Amendment No. 1, which was certified by the City Council on November 17, 1998, and an Addendum which was certified by the City Council on October 18, 2005. No changed circumstances or conditions are proposed, nor has any new information been submitted which would trigger the preparation of a subsequent environmental review pursuant to Public Resources Code Section 21166 and the Guidelines for Implementation of the California Environmental Quality Act. WHEREAS, at the Public Hearing upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, said City Council did make the following Mandatory Findings to justify approval of said Site Development Permit: 1. The retail commercial building in this proposed phase of the project is consistent with the General Plan in that it is designated Regional Commercial uses. 2. The commercial project has been designed to be consistent with the applicable provisions of the City's Zoning Code, or amended as allowed in compliance with the goals and objectives of the Centre at La Quinta Specific Plan, Specific Plan 1997-029, Amendments No. 1 and 4, in that the project is a permitted use and complies with the development standards and design guidelines. 3. The Planning Department has determined that the request has been previously assessed in conjunction with Environmental Assessment 1997- 337 Amendment No. 1, which was certified by the City Council on November 17, 1998, and an Addendum which was certified by the City Council on October 18, 2005. No changed circumstances or conditions are proposed, nor has any new information been submitted which would trigger the preparation of a subsequent environmental review. 4. The site design of the project including, but not limited to project entries, interior circulation, pedestrian and bicycle access, pedestrian amenities, screening of equipment, exterior lighting, and other site design elements are compatible with previous approved and constructed phases, surrounding residential and commercial development, and with the quality of design prevalent in the City. Resolution No. 2007.069 Site Development Permit 2007-691 Stamko Development Co. & JC Penney's Adopted: July 17, 2007 Page 3 5. The landscape design of the proposed project, as conditioned by the Planning Commission, including but not limited to the arrangement, variety, size, color, texture, and coverage of plant materials, with conditions, has been designed so as to provide relief, complement buildings, visually emphasize prominent design elements, screen undesirable views, provide a harmonious transition between adjacent land uses, and provide an overall unifying influence to enhance the visual continuity of the project. 6. The architectural design of the project, as conditioned by the Planning Commission, is compatible with the surrounding development, previously approved and constructed phases, and with the quality of design prevalent in the City. -rhe retail commercial building is suitably designed and conforms to the established theme of the project. NOIN, 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 said City Council in this case; and 2. That it does hereby uphold the decision of the Planning Commission to approve Site Development Permit 2007-891, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 17" day of July, 2007, by the following vote, to wit: AYES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None ON ADLL"..- &PH, Iflayor City of La Quinta, California Resolution No. 2007-069 Site Development Permit 2007-891 Stamko Development Co. & JC Penney's Adopted: July 17, 2007 Page 4 ATTEST: VERONICA J.�AONTECINO, CMC, City Clerk City of La Quii'nta, California (CITY SEAL) APPROVED AS TO FORM: M, K T ERII E JENSO ' y Attorney City of La Quinta, California CITY COUNCIL RESOLUTION 2007-069 CONDITIONS OF APPROVAL — FINAL SITE DEVELOPMENT PERMIT 2007-891 STAMKO DEVELOPMENT CO. JULY 17, 2007 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Parcel Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Site Development Permit shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), Chapter 13 of the La Quinta Municipal Code ("LQMC"), Conditions of Approval for Specific Plan 97-029 Amendments #1 through #4 and Tentative Parcel Map No. 34855. The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 3. Site Development Permit 06-891 shall comply with all applicable conditions and/or mitigation measures for the following approvals: Environmental Assessment 97-337, as amended or supplemented Specific Plan 97-029 Amendments #1 through #4 e Tentative Parcel Map 34855 4. This Site Development Permit is valid for two years, unless an extension is applied for and granted by the Planning Commission pursuant to Section 9.200.080 of the La Quinta Municipal Code. 5. The City shall not issue any building permits for the construction of this Site Development Permit until Parcel Map 34855 has received final approval and has been recorded. 6. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies: Resolution No. 2007-069 Conditions of Approval - FINAL Site Development Permit 2007-891 Stamko Development Co. July 17, 2007 Page 2 Fire Marshal • Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Improvement Permit) • Planning Department Riverside Co. Environmental Health Department Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency • South Coast Air Quality Management District Coachella Valley When applicable, 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 improvements 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. 7. 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 1"SWPPP"1. Resolution No. 2007-069 Conditions of Approval - FINAL Site Development Permit 2007-891 Stamko Development Co. July 17, 2007 Page 3 The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at wwlrv.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. 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), 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 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. 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. Said conferred rights shall also include grant of access easement to the City of La Quinta for the purpose of graffiti removal by City staff or assigned agent in perpetuity and agreement to the method to remove graffiti and to paint over to best match existing. The applicant shall Resolution No. 2007-069 Conditions of Approval - FINAL Site Development Permit 2007-891 Stamko Development Co. July 17, 2007 Page 4 establish the aforementioned requirements in the CC&R's for the development or other agreements as approved by the City Engineer. 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. 10. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Adams Street (Primary Arterial — Option A, 1 10' ROW) — No additional right-of-way is required for the standard 55 feet from the centerline of Adams Street for a total 110-foot ultimate developed right-of-way except for an additional right-of-way dedication at the Lot B entry driveway of 65 feet from the centerline and 186 feet long plus a variable dedication of an additional 120 feet to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS. 2) Auto Centre Drive (Collector, 74' ROW) — No additional right-of- way is required for the standard 37 feet from the centerline of Auto Centre Drive for a total 74-foot ultimate developed right- of-way. 3) La Quinta Drive (Modified Collector, 60' ROW per SP 97-039) - No additional right-of-way is required for the 30 feet from the centerline of La Quinta Drive for a total 60-foot ultimate developed right-of-way per SP 97-039. 4) Auto Centre Way South, Lot "A" (Collector, 74' ROW) — No additional right-of-way is required for the standard total 74-foot ultimate developed right of way from Auto Centre Drive to Lot "B" as dedicated on Parcel Map No. 30420 except for additional rights -of -way required in the final alignment at the intersection of Auto Centre Way South and Lot B. 11. The applicant shall retain for private use all private street right-of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans and parcel maps, and/or as required by the City Engineer. Resolution No. 2007-069 Conditions of Approval - FINAL Site Development Permit 2007-691 Stamko Development Co. July 17, 2007 Page 5 A. PRIVATE STREETS 1) Lot "B" (Non-standard Local Commercial Street, 31' ROW) — The Private Local Commercial Street shall be 31 feet of right-of- way as shown on the approved Tentative Parcel Map No. 34855 except for: a) additional 37 feet of right-of-way on Lot "B" at La Quinta Drive to provide for one eastbound through lane, one north bound left turn lane and one west bound through lane. b) additional 37 feet of right-of-way on Lot "B" at Auto Center Way South to provide for one eastbound through lane, one north bound left turn lane and one west bound through lane. On -street parking shall be prohibited on Lot "B" from Adams Street to La Quinta Drive. The applicant shall establish provisions for ongoing enforcement of the parking restriction in the CC&R's or applicable agreements. The CC&R's or applicable agreements shall be reviewed by the Engineering Department prior to recordation or execution. 12. When the City Engineer determines that access rights to the proposed street right-of-ways shown on the approved Tentative Parcel Map No. 34855 are necessary prior to approval of the Final Parcel Map dedicating such right-of- ways, the: applicant shall grant the necessary right-of-ways within 60 days of a written request by the City. 13. The applicant shall create perimeter landscaping/ setbacks along all public right-of-ways as follows: A. Adams Street (Primary Arterial) - 20-foot from the R/W-P/L. The applicant shall supplement the landscaped setback dedicated by Parcel Map No. 28525-2, Lot C, to maintain the 20-foot perimeter Ianidscaping/setbacks adjacent to any building along the new right-of- way required above for the deceleration/right turn only lane on Adams Street. The supplemented landscaped setback shall be an additional 10 feet along the easterly edge of Lot C and running parallel to the proposed additional right-of-way on Adams Street per Condition Resolution No. 2007-069 Conditions of Approval - FINAL Site Development Permit 2007-891 Stamko Development Co. July 17, 2007 Page 6 7.A.1) at the Lot B entry driveway. The easterly edge of the landscape setback is to be measured 85 feet from the centerline and 186 feet long plus a variable dedication of an additional 120 feet. The Adams Street landscape setback for Parcel 1 and 2 shall be 10 feet adjacent to parking for that portion of the new right-of-way (required for a deceleration lane per Condition 7.A.1). B. Auto Centre Drive and Auto Centre Way South (Collector Street) — As required by the General Plan and City Code unless otherwise approved in the Specific Plan. C. La Quinta Drive — As required by the General Plan and City Code unless otherwise approved in the Specific Plan. 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 Final Parcel Map. 14. Direct vehicular access to Adams Street from lots with frontage along Adams Street is restricted (Parcels 1 through 4); except for the access point identified on the tentative parcel map as Lot "B". The vehicular access restriction shall be shown on the recorded parcel map. Direct vehicular access to La Quinta Drive from lots with frontage along La Quinta Drive is restricted; except for the access point identified on Tentative Parcel Map No. 34855 and Substantial Conformance No. 1 as Lot "B" and Parcel 5 and 8. Access to Parcel 9 shall be considered through a separate Site Development Permit. Direct vehicular access to Public Streets for other Parcels not previously conditioned per this section shall have driveway separations a minimum of 250 feet measured between curb returns unless approved by the City Engineer. The applicant shall align the centerlines of driveways north and south along Private Street Lot B. 15. 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, or other encroachments will occur. Resolution No. 2007.069 Conditions of Approval - FINAL Site Development Permit 2007-691 Stamko Development Co. July 17, 2007 Page 7 16. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Parcel Map and the date of recording of any Final Map, 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," refers 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 Public Works Department. 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. A. On -Site Precise Grading/Storm Drain Plans 1" = 30'Horizontal B. PM10 Plan 1" = 40' Horizontal C. SW'PPP 1 " = 40' Horizontal NOTE: A through C to be submitted concurrently. D. Off -Site Street Improvement/Storm Drain Plan 1 " = 40' Horizontal, 1 " = 4' Vertical E. Ofi-Site Signing & Striping Plan 1 " = 40' Horizontal The Off -Site street improvement plans shall have separate plan sheet(s) (drawn at 20 scale) that show the sidewalk, mounding, and berming design in the combined parkway and landscape setback area. NOTE: D through E to be submitted concurrently. Resolution No. 2007.069 Conditions of Approval - FINAL Site Development Permit 2007.891 Stamko Development Co. July 17, 2007 Page 8 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. All On -Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. "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 2001 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 reviewed assessment shall be submitted to the Engineering Department in conjunction with the Site Development 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, detail sheets and/or construction notes for elements of construction which can be accessed via the Public Works link at the City website (www.la-quinta.org). 20. The applicant shall furnish a complete set of mylars of all approved improvement plans to the City Engineer. At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the mylars in order to reflect the as -built conditions. Resolution No. 2007-069 Conditions of Approval - FINAL Site Development Permit 2007-891 Stamko Development Co. July 17, 2007 Page 9 PRECISE GRADING 21. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 22. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a precise grading permit approved by the City Engineer. 23. To obtain an approved precise grading permit, the applicant shall submit and obtain approval of all of the following: A. A precise grading plan prepared by a qualified engineer, B. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC, and C. 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 Parcel Map that a soils report has been prepared in accordance with the 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 as submitted with its application for a grading permit. 24. 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. Resolution No. 2007-069 Conditions of Approval - FINAL Site Development Permit 2007-891 Stamko Development Co. July 17, 2007 Page 10 25. The Planning Commission shall approve any significant future Site Development Permit modifications necessary to accommodate any required drainage improvement revisions, as determined by the Planning Director. 26. Stormwater handling shall be revised as necessary and approved by the City Engineer to conform with the approved hydrology and drainage reports for The Centre at La Quinta Development to include Parcel Maps No. 28525-2, 30420, and 33588, including requirements for stormwater retention from the Sam's Club Retail Center/Fueling Station and Tentative Parcel Map No. 34855. The applicant is hereby notified that future site modifications may be necessary including, but not limited to lot and street reconfiguration. Verification of the proposed storm water retention system is subject to review and approval by the City Engineer. If the proposed retention capacity or pass through storm water flow is found to be inadequate during final design, the applicant shall revise what is currently proposed in the preliminary hydrology study and make adjustments to the site layout as needed to accommodate the increased retention/detention or pass through capacity required to satisfy the safety issues of the Public Works Department. Pursuant to the aforementioned, the applicant may be required to construct additional underground and/or above ground drainage facilities to convey on site and off site storm water. 27. The applicant shall comply with the provisions of Section 13.24.120 (Drainage); LQMC, Retention Basin Design Criteria, Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The design storm shall be either the 3 hour, 6 hour or 24 hour event producing the greatest total run off. 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. 2007-069 Conditions of Approval - FINAL Site Development Permit 2.007-891 Stemko Development Co. July 17, 2007 Page 11 29. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise. Nuisance water shall be retained on site. Nuisance water shall be disposed of per approved methods contained in Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. 30. No fence or wall shall be constructed around any retention basin unless approved by the Planning Director and the City Engineer. 31. For on -site: above ground common retention basins, retention depth shall be according to Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems, or as approved by the City Engineer. Side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. Additionally, retention basin widths shall be not less than 20 feet at the bottom of the basin. 32. Stormwater may not be retained in landscaped parkways or landscaped setback lots for new retention areas not previously authorized by Specific Plan 97-029, Amendments 1 through 4. 33. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 34. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic drainage relief route. 35. If the applicant gains CVWD approval to discharge storm water directly, or indirectly, into the Coachella Valley Stormwater Channel, the applicant shall indemnify the City from the costs of any sampling and testing of the development's drainage discharge which may be 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 such discharge. The indemnification shall be executed and furnished to the City prior to the issuance of any grading, construction or building permit, and shall be binding on all heirs, executors, administrators, assigns, and successors in interest in the land within this tentative parcel map excepting Resolution No. 2007.069 conditions of Approval - FINAL Site Development Permit 2007-891 Stamko Development Co. July 17, 2007 Page 12 therefrom those portions required to be dedicated or deeded for public use. The form of the indemnification shall be acceptable to the City Attorney. If such discharge is approved for this development, the applicant shall make provisions in the final development CC&Rs for meeting these potential obligations. The 100-year storm water HGL shall be 3 feet below the channel lining and 2 feet below the Project Storm HGL. UTILITIES 36. The applicant shall comply with the provisions of Section 13.24.110 (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. 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 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties And Development), LQMC for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 41. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) Resolution No. 2007-069 Conditions of Approval - FINAL Site Development Permit 2007-891 Stemko Development Co. July 17, 2007 Page 13 A. OFF -SITE STREETS 1) Adams Street (Primary Arterial - Option A; 110' R/W): No addition widening on the east side of the street along all frontage adjacent to the tentative parcel map boundary is required except at locations where additional street width is needed to accommodate: a) A deceleration/right turn only lane at Adams Street Lot "B" Entry. The east curb face shall be located fifty three feet (53') east of the centerline and length. The deceleration/right turn only lane shall be for a length of 186 feet plus a variable dedication of an additional 120 feet*. b) Construct the left turn pocket and left out restrictor for the left turn movement from southbound Adams Street to the Access Drive. Other required improvements in the Adams Street right-of-way and/or adjacent landscape setback area include: a) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. b) Reconstruct the existing 6-foot meandering sidewalk along the deceleration/right turn only lane at Lot "B" plus additional transitional improvements. The applicant shall extend improvements beyond the parcel map boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 2) Auto Centre Drive (Collector Street, 74' ROW) No additional widening on the south side of the street along all frontage adjacent to the tentative parcel map boundary is required. Other required improvements in the Auto Centre Drive right-of-way and/or adjacent landscape setback area include: Resolution No. 2007-069 Conditions of Approval - FINAL Site Development Permit 2007-891 Stamko Development Co. July 17, 2007 Page 14 a) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. 3) La Quinta Drive (Modified Collector, 60' ROW per SP 97-039) No additional widening on the west side of La Quinta Drive along all frontage adjacent to the tentative parcel map boundary is required. Other required improvements in the La Quinta Drive right-of-way and/or adjacent landscape setback area include: a) Reconstruct the existing intersection improvements at La Quinta Drive and Auto Centre Way South as delineated on Parcel Map No. 30420. b) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. 4) Auto Centre Way South, Lot "A" (Collector, 74' ROW) Widen Auto Centre Way South from Auto Centre Drive to Lot "B" to its ultimate width of 52 feet as specified in the General Plan and the requirements of these conditions. Other required improvements in the Auto Centre Way South right-of- way and/or adjacent landscape setback area include: a) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. b) Construct a 6-foot sidewalk along the curb face. c) Reconfigure parking facilities at the southeast corner of Auto Centre Drive as required by the City Engineer. B. PRIVATE STREETS 1) Lot "B" - Construct full 30-foot wide travel width improvements within a 31-foot right-of-way except for: Resolution No. 2007-069 Conditions of Approval - FINAL Site Development Permit 21)07-891 Stamko Development Co. July 17, 2007 Page 15 a) Additional widening on Lot "B" at the La Quinta Drive intersection for a total travel width measured gutter flow line to gutter flow line of 36 feet to accommodate one eastbound lane, a northbound left turn lane and one westbound lane. b) Additional widening on Lot B at the Auto Center Way South intersection for a total travel width measured gutter flow line to gutter flow line of 36 feet to accommodate one eastbound lane, a northbound left turn lane and one westbound lane. 42. 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: Collector 4.0" a.c /5.0" c.a.b. Primary Arterial 4.5" a.c./6.0" c.a.b. or the approved equivalents of alternate materials. 43. 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. 44. General access points and turning movements of traffic are limited to the following: A. Adams Street Lot "B" intersection with Adams Street: Right turn in and out movements and left turn in movements are permitted. Left turn out movement is prohibited. No driveway access to Adams Street from Parcels 1 through 4 is permitted. Resolution No. 2007-069 Conditions of Approval - FINAL Site Development Permit 2007-891 Stamko Development Co. July 17, 2007 Page 16 B. Auto Centre Drive 1) Existing roundabout at Auto Centre Way and Auto Centre Drive: Right turn in and out movements are permitted. Left turn in and out movements are prohibited. 2) Driveways along the south side (as shown on the Site Development Permit site plan): Access and full turn movements are permitted. C. La Quinta Drive 1) Lot "B" intersection with La Quinta Drive: Full turn movements are permitted. 2) Driveway access to Future Bldg. Area — 3, JC Penney and Future Area - 1: Access and full turn movements are permitted. 3) Driveway access and full turn movements to Future Bldg. Area — 4 and Future Bldg. Area — 5 are permitted. D. Auto Centre Way South 11 Auto Centre Way South intersection with Lot "B": Full turn movements are permitted. 2) Full turn movements are permitted at the shared access on the east side of Auto Centre Way South as shown on the Site Development Permit Site Plan. 45. 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. 46. 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 and parking areas shall be stamped and signed by qualified engineers. Resolution No. 2007-069 Conditions of Approval - FINAL Site Development Permit 2007-891 Stamko Development Co. July 17, 2007 Page 17 CONSTRUCTION 47. 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 two within the development or when directed by the City, whichever comes first. 48. Any building mounted mechanical equipment shall be fully screened from view by an architectural feature, wall, or parapet of sufficient height to fully screen such equipment above its horizontal plane. LANDSCAPE AND IRRIGATION 49. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 50. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 51. Landscape: and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 52. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Director. 53. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the AASHTO "A Policy on Geometric Design of Highways and Streets, 5" Edition" or latest, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right-of-way. 54. Measures; shall be taken to replace and repair any landscaping or irrigation equipment which is damaged. Resolution No. 2007-069 Conditions of Approval - FINAL Site Development Permit 2007-891 Stamko Development Co. July 17, 2007 Page 18 55. Any ground -mounted mechanical equipment shall be screened by a wall, landscaping with significant foliage, or combination of the two, of a sufficient height and/or density to fully screen such equipment above its horizontal plane. 56. Tree wells shall be spaced at consistent intervals throughout the parking lot except above those locations identified for underground storm water retention, similar to Site Development Permit 02-728. Final tree well locations and spacing shall be reviewed and approved by the Planning Director. 57. The applicant shall provide decomposed gravel groundcover such as Palm Springs Gold or similar material on future building pads 1, 2, and 3 and surround said lots with a bollard and chain barrier. The applicant shall work with the Coachella Valley Water District to improve the existing well site with a wall or landscaping. 58. All turf proposed at the northwest corner of La Quinta Drive and the Access Road shall be removed and replaced with landscaping consistent with the proposed palette. 59. In an effort to soften and screen the proposed building west elevation, additional landscaping shall be provided. Said landscaping shall include a combination of trees and shrubs along Adams Street, near the existing retention area and/or near the building. Landscape screening near the building shall not impact the ability for the subject building to obtain LEED certification. The additional landscape screening shall be reviewed and approved by the Planning Director. 60. The applicant shall submit the landscape plans for approval by the Planning Department and green sheet sign off by the Public Works Department. When plan checking has been completed by the Planning Department, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the Planning Director, however landscape plans for landscaped median on public streets shall be approved by the both the Planning Director and the City Engineer. Where City Engineer approval is not required, the applicant shall submit for a green sheet approval by the Public Works Department. Resolution No. 2007-069 Conditions of Approval - FINAL Site Development Permit 2007-691 Stamko Development Co. July 17, 2607 Page 19 Final landscape plans for on -site planting shall be reviewed and approved by the Planning Director prior to issuance of first building permit. Final plans shall include all landscaping associated with this project. NOTE: Plans are not approved for construction until signed by the Planning Director. ARCHITECTURE 61. The west facing red square framed sign fascia shall be removed. The proposed sign lettering shall be permitted to remain. 62. Building ellevations, including materials and colors, shall be developed in accordance with those presented during the public hearing at the July 17, 2007 City Council meeting, except for modifications conditioned elsewhere regarding the west building elevation. OUTDOOR LIGHTING 63. Exterior lighting shall comply with Section 9.100.150 (Outdoor Lighting) of the La Quinta Municipal Code. 64. Once installed and operation, the exterior freestanding lighting shall be inspected and approved by the Planning Director. If deemed necessary, said lighting shall be subject to modification in order to minimize the intensity of lighting upon adjacent residential properties. Modification may include the reduction of bulb wattage and/or turning off all or part of the freestanding lighting during non -business hours. 65. All freestanding lighting fixtures along the west elevations of the property, including Adams Street and adjacent parking areas, shall be limited to 24 feet in height and be fitted with a visor or shield to reflect lighting away from Adams Street. MISCELLANEOUS 66. Final carport designs, locations, and structural details shall be submitted with their associated future Site Development Permit applications. Resolution No. 2007-069 conditions of Approval - FINAL Site Development Permit 2007.891 Stamko Development Co. July 17, 2007 Page 20 67. In an effort to shield headlight glare from the proposed parking lot along Adams Street, the applicant shall construct a decorative stem wall, raised landscaping berm, plant landscaping with significant foliage or provide a combination thereof between Adams Street and the subject parking lot. Final design of this treatment shall be approved by the Planning Director. 68. The applicant shall use good faith effort to work with the owners of the adjacent property to the south (Aventine Apartments) in order to remove and replace an existing misaligned block wall with one to be constructed, at the applicant's cost and expense, on the property line. 69. All sign lighting shall be turned off during non -business hours. QUALITY ASSURANCE 70. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 71. 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. 72. 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 the construction materials and methods employed comply with the plans, specifications and other applicable regulations. 73. 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. MAINTENANCE 74. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. Resolution No. 2007-069 Conditions of Approval - FINAL Site Development Permit 2007-891 Stamko Development Co. July 17, 2007 Page 21 75. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. FEES AND DEPOSITS 76. The applicant shall comply with the provisions of Section 13.24.180 (Fees and Deposits), LQMC. These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 77. Permits issued under this approval shall be subject to fees and deposits as identified in the existing Development Agreement, DA 97-004, which was approved by the City Council on July 21, 1997 under Ordinance No. 306. FIRE DEPARTMENT 78. Provide or show there exists a water system capable of delivering a fire flow 2500 gallons per minute for a two hours duration at 20 psi residual operating pressure, which must be available before any combustible material is placed on the construction site. 79. Approved accessible on site fire hydrants shall be located not to exceed 330 feet apart in any direction as measured by an approved route around the complex, exterior of the facility or building, and no portion of a building further than 165 feet from a fire hydrant. Fire hydrants shall provide the required fire flow. 80. Prior to building plan approval and construction, applicant/developer shall furnish two copies of the water system fire hydrant plans to Fire Department for review and approval. Plans shall be signed by a registered civil engineer, and shall confirm hydrant type, location, spacing, and minimum fire flow. Once plans are signed and approved by the local water authority, the originals shall be presented to the Fire Department for review and approval. 81. Prior to issuance of building permits, the water system for fire protection must be provided as approved by the Fire Department and the local water authority, Resolution No. 2007-069 Conditions of Approval - FINAL Site Development Permit 2007-891 Stamko Development Co. July 17, 2007 Page 22 82. Applicant/Developer shall mount blue dot retro-reflectors pavement markers on private streets, public streets and driveways to indicated location of the fire hydrant. It should be 8 inches from centerline to the side that the fire hydrant is on, to identify fire hydrant locations. 83. All structures shall be accessible from an approved roadway to within 150 feet of all portions of the exterior of the first floor. Further consideration may be given to the 30 foot wide Fire Department Emergency Hammer Head turn around on the east side of the JCPenney building, future building area-3 and retention basin. 84. Access lanes will not have an up, or downgrade of more than 12%. Access will not be less than 20 feet in width and have an unobstructed vertical clearance not less than 13 feet and 6 inches. Access lanes will be designed to withstand the weight of 80 thousand pounds over 2 axles. Access will have a turning radius capable of accommodating fire apparatus. Access lane shall be constructed with a surface so as to provide all weather driving capabilities. 85. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provision for the turn around capabilities of fire apparatus, or as otherwise approved by the Fire Department. 86. Driveway loops, fire apparatus access lanes and entrance curb radius should be designed to adequately allow access of emergency fire vehicles. The applicant or developer shall prepare and submit to the Fire Department for approval; a site plan designating required fire lanes with appropriate lane printing and/or signs. 87. An approved Fire Department access key lock box (Minimum Knox Box 3200 series model) shall be installed next to the approved Fire Department access door to the building. If the buildings are protected with an alarm system, the lock box shall be required to have tampered monitoring. Required order forms and installation standards may be obtain at the Fire Department. 88. Display street numbers in a prominent location on the address side of building(s) and/or rear access if applicable. Numbers and letters shall be a minimum of 12" in height for building(s) up to 25' in height. In complexes with alpha designations, letter size must match numbers. All addressing must be legible, of a contrasting color, and adequately illuminated to be visible from street at all hours. Resolution No. 2007-069 Conditions of Approval - FINAL Site Development Permit 2007-891 Stamko Development Co. July 17, 2007 Page 23 89. A rapid entry Knox Box shall be installed on the outside of the building. If the building/facility is protected with a fire alarm or burglar alarm system, the lock box will require "tamper" monitoring. Special forms are available from this office for ordering the Knox Box. 90. Install a complete commercial fire sprinkler system (per NFPA 13 1999 Edition). Fire sprinkler system(s) with pipe sizes in excess of 4" in diameter will require; the project Structural Engineer to certify with a "wet signature", that the structural system is designed to support the seismic and gravity loads to support the additional weight of the sprinkler system. 91. All fire sprinkler risers shall be protected from any physical damage. The PIV and FCD shall be located to the front, within 25 to 50 feet of hydrant, and a minimum of 25 feet from the building(s). Sprinkler riser room must have indicating exterior and/or interior door signs. A C-16 licensed contactor must submit plans, along with current $307.00 deposit based fee, to the Fire Department for review and approval prior to installation. Guideline handouts are available for the Fire Department. 92. Install an alarm monitoring system for fire sprinkler system(s) with 100 or more heads (20 or more in Group I, Division 1.1 and 1.2 occupancies). Valve monitoring, water -flow alarm and trouble signals shall be automatically transmitted to an approved central station, remote station or proprietary monitoring station in accordance with 2001 CBC, Sec. 904.3.1. An approved audible sprinkler flow alarm shall be provided on the exterior in an approved location and also in the interior in a normally occupied location. A C-10 licensed contractor must submit plans designed in accordance with NFPA 72, 1999 Edition, along with the current $192.00 deposit based fee, to the Fire Department for review and approval prior to installation. Guideline handouts are available from the Fire Department. 93. Install a portable fire extinguisher, with a minimum rating of 2A-10BC, for every 3,000 sq. ft. and/or 75 feet of travel distance. Fire extinguishers shall be mounted 3.5 to 5 ft above finished floor, measured to the top of the extinguisher. Where not readily visible, signs shall be posted above all extinguishers to indicate their locations. Extinguishers must have current CSFM service tags affixed. Resolution No. 2007-069 Conditions of Approval - FINAL Site Development Permit 2007-691 Stamko Development Co. July 17, 2007 Page 24 94. No hazardous materials shall be stored and/or used within the building, which exceeds quantities listed in UBC Table 3-D and 3-E. No class I, II or IIIA of combustible/flammable liquid shall be used in any amount in the building. 95. Exit designs, exit signs, door hardware, exit markers, exit doors, and exit path marking shall be installed per the 2001 California Building Code. 96. Electrical room doors if applicable shall be posted "ELECTRICAL ROOM" on outside of door. 97. Access shall be provided to all mechanical equipment located on the roof as required be the Mechanical Code. 98. Air handling systems supplying air in excess of 2000 cubic feet per minute to enclosed spaces within buildings shall be equipped with an automatic shutoff (Ref CIVIC 609.0).