CC Resolution 2008-049RESOLUTION NO. 2008-049
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, GRANTING APPROVAL OF A
ONE-YEAR TIME EXTENSION FOR TENTATIVE TRACT 34038,
DIVIDING ± 1.23 ACRES INTO ONE CONDOMINIUM LOT
CASE NO. TENTATIVE TRACT MAP 34038, TIME EXTENSION 1
APPLICANT: BORREGO RESORT HOLDINGS, INC.
WHEREAS, the City Council of the City of La Quinta, California, did on
the 15T" day of July, 2008, hold a duly -noticed Public Hearing to consider a request for
a one-year time extension for Tentative Tract 34038, a request to subdivide ± 1 .23
acres into one condominium lot, to allow development of 20 residential airspace
condominium units, 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 City Council of the City of La Quinta, California, did on
the 2nd day of May, 2006, adopt Resolution 2006-049, approving Tentative Tract Map
34038, subject to a two-year approval and subject to conditions; and,
WHEREAS, the La Quinta Planning Department has prepared
Environmental Assessment 2005-552, and it was determined by the City Council 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, at said Public Hearing, upon hearing and considering all
testimony and arguments, if any, of all interested persons wanting to be heard, the La
Quinta City Council did make the following findings to justify approval of Tentative
Tract 34038:
1 . The proposed Tentative Tract Map 34038 is consistent with the City's General
Plan, as amended, with the implementation of Conditions of Approval to provide
for adequate storm water drainage, street improvements and other
infrastructure improvements. The map is consistent with the adopted Village
Commercial land use designation, which does allow a residential density of up
to 16 dwelling units per acre, as set forth in the La Quinta General Plan Land
Use Element.
Resolution No. 2008-049
Tentative Tract 34038, Ext. 1
Borrego Resort Holdings, Inc.
Adopted: July 15, 2008
Page 2
2. The design and improvements of the proposed Tentative Tract Map 34038 are
consistent with the City's General Plan, with the implementation of
recommended conditions of approval to ensure proper improvements and timing
of their construction.
3. As conditioned, the design of Tentative Tract 34038 and type of improvements,
acquired for access through, or use of, property within the proposed subdivision
will not conflict with such easements.
4. The design of Tentative Tract 34038 and type of improvements are not likely to
cause serious public health problems, in that this issue was considered in
Environmental Assessment 2005-552, in which no health or safety impacts
were identified for the proposed project that could not be mitigated to a level of
non -significance.
5. The site for Tentative Tract 34038 is physically suitable for the proposal as
natural slopes do not exceed 20%, and there are no identified geological or
other physical constraints on the property that would prevent development of
the subdivision.
6. The proposed site for Tentative Tract 34038 provides for the necessary right-of-
way and construction of off -site improvements associated with this parcel, as
required under the La Quinta General Plan. All adjacent perimeter street rights -
of -way are in place, and only transitional off -site improvements will be
necessary.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
La Quinta, California, as follows:
1. That the above recitations are true and constitute the findings of the City
Council in this case;
2. That it does hereby require compliance with those mitigation measures specified
by Environmental Assessment 2005-552, prepared for Tentative Tract Map
34038;
3. That it does grant approval of a one-year time extension for Tentative Tract Map
34038, for the reasons set forth in this Resolution and subject to the attached
Conditions of Approval.
Resolution No, 2008-049
Tentative Tract 34038, Ext. 1
Borrego Resort Holdings, Inc.
Adopted: July 15, 2008
Page 3
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta
City Council held on this 15" day of July, 2008, by the following vote to wit:
AYES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
DON ADOLVH, Mayer)
City of La Quinta, California
ATTEST:
VERONICA J.,WONTECINO, CIVIC, City Clerk
City of La Qinta, California
(SEAL)
APPROVED AS TO FORM:
i
WLK
A HE NE JENS N, ity Attorney
City of La Quinta, C i rnia
CITY COUNCIL RESOLUTION NO. 2008-049 EXHIBIT "A"
CONDITIONS OF APPROVAL - FINAL
TENTATIVE TRACT 34038, TIME EXTENSION 1
CASA LA QUINTA — BORREGO RESORT HOLDINGS, INC.
July 15, 2008
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
Tract 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 Tentative Tract Map, and any Final Map recorded thereunder, shall
comply with the requirements and standards of Government Code § § 66410
through 66499.58 (the "Subdivision Map Act'), and Title 13 of the La Quinta
Municipal Code (LQMC).
3. Tentative Tract 34038 shall comply with all applicable conditions and/or
mitigation measures for the following related approvals:
• Environmental Assessment 2005-552
• Specific Plan 2005-076
• Village Use Permit 2005-030, Ext. 1
In the event of any conflict(s) between approval conditions and/or provisions
of these approvals, the Planning Director shall determine precedence.
4. Prior to the issuance of any grading, construction, or building permit by the
City, the applicant shall obtain the necessary clearances and/or permits from
the following agencies, if required:
• Fire Marshal
• Public Works Department (Grading Permit, Green Sheet (Public Works
Clearance) for Building Permits, Improvement Permit)
• La Quinta Planning Department
• Riverside County Environmental Health Department
• Desert Sands Unified School District (DSUSD)
• Coachella Valley Water District (CVWD)
Resolution No. 2008-049
Conditions Of Approval - FINAL
Tentative Tract 34038, Ext. 1
Casa La Quinta - 8orrego Resort Holdings, Inc.
July 15, 2008
Page 2
• Imperial Irrigation District (IID)
• California Water Quality Control Board (CWQCB)
• SunLine Transit Agency
• South Coast Air Quality Management District Coachella Valley(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.
5. The applicant shall comply with applicable provisions of the City's NPDES
storm water discharge permit, LQMC Sections 8.70.010 et seq. (Storm water
Management and Discharge Controls), and 13.24.170 (Clean Air/Clean
Water), LQMC; Riverside County Ordinance No. 457; the California Region
Board Order No. 117-2008-001, 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. 2008-049
Conditions Of Approval - FINAL
Tentative Tract 34038, Ext. 1
Casa La Quinta - Borrego Resort Holdings, Inc.
July 15, 2008
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") (LQMC Section 8.70.020
(Definitions)):
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.
Additionally, the applicant shall comply with applicable provisions for
post -construction runoff per the City's NPDES stormwater discharge
permit, LQMC Sections 8.70.010 et. Seq. (Stormwater Management
and Discharge Controls), and 13.24.170 (Clean Air/Clean Water);
Riverside County Ordinance No. 457; and the California Regional
Water Quality Control Board - Colorado River Basin (CRWQCB-CRB)
Region Board Order No. R7-2008-001.
G. For post -construction urban runoff from New Development and
Redevelopments Projects, the applicant shall implement requirements
of the NPDES permit for the design, construction and perpetual
operation and maintenance of BMPs per the approved Water Quality
Management Plan (WQMP) for the project.
Resolution No. 2008-049
Conditions Of Approval - FINAL
Tentative Tract 34038, Ext. 1
Casa La Quints - Borrego Resort Holdings, Inc.
July 15, 2008
Page 4
H. Applicable discretionary New Development and Redevelopment
Projects (Priority Development Projects) shall include:
1) Single-family hillside residences that create 10,000 square feet,
or more, of impervious are where the natural slope is twenty-five
percent (25%) or greater, including single-family hillside
residences that create 10,000 square felt of impervious area
where the natural slope is ten percent (10%) or greater where
erosive soil conditions are known;
2) 100,000 square foot commercial and industrial development;
3) Automotive repair shops (with Standard Industrial Classification
("SIC") codes 5013, 7532, 7533, 7534, 7537, 7538, and
7539);
4) Retail gasoline outlets disturbing greater than 5,000 square feet;
5) Restaurants disturbing greater than 5,000 square feet;
6) Home subdivisions with 10 or more housing units; and
7) Parking Lots 5,000 square feet or more or with 25 or more
parking spaces and potentially exposed to urban runoff.
The applicant shall implement the WQMP Design Standards per
(CRWQCB-CRB) Region Board Order No. R7-2008-0001 utilizing BMPs
approved by the City Engineer.
6. Approval of this Tentative Tract Map 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
=_ [ON e11 11115=1re1710
7. 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
Resolution No. 2008-049
Conditions Of Approval - FINAL
Tentative Tract 34038, Ext. 1
Casa La Quinta - Borrego Resort Holdings, Inc.
July 15, 2008
Page 5
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
establish the aforementioned requirements in the CC&R's for the development
or other agreements as approved by the City Engineer. Pursuant to the
aforementioned, the applicant shall submit an "AUTHORIZATION TO REMOVE
GRAFFITI FROM PRIVATE PROPERTY" form located at the Public Works
Department Counter prior to Certificate of Occupancy.
8. The applicant shall offer for dedication on the Final Map 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.
9. The public street right-of-way offers for dedication required for this
development include:
A. PUBLIC STREETS
Calle Tampico (Primary Arterial - Option B, 100' ROW) — No
additional right of way dedication is required from the standard 50
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, 60' ROW) — The
standard 30 feet from the centerline of Avenida Villa for a total 60-
foot ultimate developed right-of-way.
10. 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.
Resolution No. 2008-049
Conditions Of Approval - FINAL
Tentative Tract 34038, Ext. 1
Casa La Quinta - Borrego Resort Holdings, Inc.
July 15, 2008
Page 6
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 on the Final Map.
11. The applicant shall offer for dedication those easements necessary for the
placement of, and access to, utility lines and structures, drainage basins,
mailbox clusters, and common areas on the Final Map.
12. Direct vehicular access to Calle Tampico, Avenida Villa, and Avenida Navarro
from TT 34038 is restricted, except for the entry drive access from Avenida
Villa, which shall be shown on the recorded Final Map, along with the other
vehicular access restrictions.
13. The applicant shall furnish proof of easements, or written permission, as
appropriate, from those owners of all abutting properties on which grading,
retaining wall construction, permanent slopes, or other encroachments will
occur.
14. 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
Tract Map and the date of recording of any Final Map, unless such easement
is approved by the City Engineer.
FINAL MAPS
15. Prior to the City's approval of a Final Map, the applicant shall furnish accurate
mylars of the Final Map that were approved by the City's map checker on a
storage media acceptable to the City Engineer. The Final Map shall be 1
40' scale.
IMPROVEMENT PLANS
16. 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.
Resolution No. 2008-049
Conditions Of Approval - FINAL
Tentative Tract 34038, Ext. 1
Casa La Quints - Borrego Resort Holdings, Inc.
July 15, 2008
Page 7
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 City maintains standard plans, detail sheets and/or construction notes
for elements of construction which can be accessed via the "Plans, Notes
and Design Guidance" section of the Public Works Department at the City
website (www.la-quinta.org). Please navigate to the Public Works
Department home page and look for the Standard Drawings hyperlink.
19. The applicant shall furnish a complete set of the mylars of all approved
improvement plans on a storage media acceptable to the City Engineer.
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 approved mylars previously submitted to the
City, revised to reflect the as -built conditions. The applicant shall employ or
retain the Engineer Of Record during the construction phase of the project so
that the EOR. can make site visits in support of preparing As Built drawings.
However, if subsequent approved revisions have been approved by the City
Engineer and reflect said "As -Built" conditions, the Engineer Of Record may
submit a letter attesting to said fact to the City Engineer in lieu of mylar
submittal.
IMPROVEMENT SECURITY AGREEMENTS
20. Prior to
the approval of any Final Map,
the
applicant shall construct all on
and off
-site improvements and satisfy
its
obligations for same, or shall
furnish
a fully secured and executed Subdivision
Improvement Agreement
("SIA")
guaranteeing the construction
of
such improvements and the
satisfaction
of its obligations for same,
or
shall agree to any combination
thereof,
as may be required by the City.
21. Any Subdivision Improvement Agreement ("SIA") entered into by and
between the applicant and the City of La Quinta, for the purpose of
guaranteeing the completion of any improvements related to this Tentative
Resolution No. 2008-049
Conditions Of Approval - FINAL
Tentative Tract 34038, Ext. 1
Casa La Quinta - Borrego Resort Holdings, Inc.
July 15, 2008
Page 8
Tract Map, shall comply with the provisions of Chapter 13.28 (Improvement
Security), LQMC.
22. Improvements to be made, or agreed to be made, shall include the removal
of any existing structures or other obstructions which are not a part of the
proposed improvements; and shall provide for the setting of the final survey
monumentation.
23. Depending on the timing of the development of this Tentative Tract Map,
and the status of the off -site improvements at the time, the applicant may be
required to:
A. Construct certain off -site improvements.
B. Construct additional off -site improvements, subject to the
reimbursement of its costs by others.
C. Reimburse others for those improvements previously constructed that
are considered to be an obligation of this tentative tract map.
D. Secure the costs for future improvements that are to be made by
others.
E. To agree to any combination of these means, as the City may require.
In the event that any of the improvements required for this development are
constructed by the City, the applicant shall, prior to the approval of the Final
Map, or the issuance of any permit related thereto, reimburse the City for the
costs of such improvements.
24. The applicant elects to utilize the secured agreement alternative, the
applicant shall submit detailed construction cost estimates for all proposed
on -site and off -site improvements, including an estimate for the final survey
monumentation, for checking and approval by the City Engineer. Such
estimates shall conform to the unit cost schedule adopted by City resolution,
or ordinance.
For items not listed in the City's unit cost schedule, the proposed unit costs
shall be approved by the City Engineer.
Resolution No. 2008-049
Conditions Of Approval - FINAL
Tentative Tract 34038, Ext. 1
Casa La Quinta - Borrego Resort Holdings, Inc.
July 15, 2008
Page 9
At the time the applicant submits its detailed construction cost estimates for
conditional approval of the Final Map by the City Council, the applicant shall
also submit one copy each of an 8-1 /2" x 11 " reduction of each page of the
Final Map, along with a copy of an 8-1 /2" x 11 " Vicinity Map.
Estimates for improvements under the jurisdiction of other agencies shall be
approved by those agencies and submitted to the City along with the
applicant's detailed cost estimates.
Security will not be required for telephone, natural gas, or Cable T.V.
improvements.
25. Should the applicant fail to construct the improvements for the development,
or fail to satisfy its obligations for the development in a timely manner, the
City shall have the right to halt issuance of building permits, and/or final
building inspections, withhold other approvals related to the development of
the project, or call upon the surety to complete the improvements.
C;RAnmr.
26. The applicant shall comply with the provisions of Section 13.24.050
(Grading Improvements), LQMC.
27. Prior to occupancy of the project site for any construction, or other
purposes, the applicant shall obtain a grading permit approved by the City
Engineer.
28. To obtain an approved grading permit, the applicant shall submit and obtain
approval of all of the following:
A. A grading plan prepared by a qualified engineer or architect,
B. A preliminary geotechnical ("soils") report prepared by a qualified
engineer,
C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16,
(Fugitive Dust Control), LQMC.
Resolution No. 2008-049
Conditions Of Approval - FINAL
Tentative Tract 34038, Ext. 1
Casa La Quinta - Borrego Resort Holdings, Inc.
July 15, 2008
Page 10
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.
29. 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.
30. Grading within the perimeter setback and parkway areas shall have
undulating terrain and shall conform to 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 anywhere 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 (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 (1 .5") in the first eighteen inches (18") behind the curb.
31. 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.
32. Prior to any site grading or regrading that will raise or lower any portion of
the site by more than plus or minus five tenths of a foot (0.5') from the
elevations shown on the approved Tentative Tract Map, the applicant shall
submit the proposed grading changes to the City Staff for a substantial
conformance finding review.
Resolution No. 2008-049
Conditions Of Approval - FINAL
Tentative Tract 34038, Ext. 1
Casa La Quinta — Borrego Resort Holdings, Inc.
July 15, 2008
Page 11
33. 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.
34. 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
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 met.
DRAINAGE
35. Stormwater handling shall conform with the approved hydrology and
drainage report for this Tentative Tract Map. The applicant shall comply with
the provisions of Section 13.24.120 (Drainage), 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 1 hour, 3 hour, 6 hour or 24
hour event producing the greatest total run off.
36, 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.
Resolution No. 2008-049
Conditions Of Approval - FINAL
Tentative Tract 34038, Ext. 1
Casa La Quints - 8orrego Resort Holdings, Inc.
July 15, 2008
Page 12
37. As preliminary exploratory soils borings indicate no percolation for existing
soils, the percolation rate will be considered to be zero.
38. Storm drainage historically received from adjoining property shall be received
and retained or passed through into the historic downstream drainage relief
route.
39. The design of the development shall not cause any increase in flood
boundaries and levels in any area outside the development.
UTILITIES
40. The applicant shall comply with the provisions of Section 13.24.110
(Utilities), LQMC.
41. 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.
42. 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.
43. 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.
Resolution No. 2008-049
Conditions Of Approval - FINAL
Tentative Tract 34038, Ext. 1
Casa La Quints - Borrego Resort Holdings, Inc.
July 15, 2008
Page 13
STREET AND TRAFFIC IMPROVEMENTS
44. 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.
45. The applicant shall construct the following street improvements to conform
with the General Plan (street type noted in parentheses):
A. OFF -SITE STREETS
1) Calle Tampico (Primary Arterial — Option B; 100' R/W):
a) No additional widening on the south side of the street
along all frontage adjacent to the Tentative Map boundary.
2). Avenida Villa (along west project boundary) (Local Street, 60'
ROW):
a) No additional widening on the east side of Avenida Villa
along all frontage adjacent to the Tentative Map boundary.
Other required improvements in the Avenida Villa right of way and/or
adjacent landscape setback area include:
b) A minimum 6-foot wide sidewalk along the existing back of
curb with tree wells at the curb side and as approved by
the Public Works Director and the Planning Director. As the
tree well encroaches into the Public Utility Easement, the
applicant shall obtain approval of all utility purveyors prior
to approval of the sidewalk/streetscape design.
3). Avenida Navarro (Local Street, 60' ROW):
a) No additional widening on the west side of the street along
all frontage adjacent to the Tentative Map boundary.
Other required improvements in the Avenida Navarro right of way
and/or adjacent landscape setback area include:
Resolution No. 2008-049
Conditions Of Approval - FINAL
Tentative Tract 34038, Ext. 1
Casa La Quints - Borrego Resort Holdings, Inc.
July 15, 2008
Page 14
b) A minimum 6-foot wide sidewalk along the existing back of
curb with tree wells at the curb side and as approved by
the Public Works Director and the Planning Director. As the
tree well encroaches into the Public Utility Easement, the
applicant shall obtain approval of all utility purveyors prior
to approval of the sidewalk/streetscape design.
c) Curb ramp and intersection curb return per City of La
Quinta standards.
d) Curb ramp, curb and curb return at the southerly boundary
of the adjacent office building as approved by the City
Engineer.
4)• Avenida Villa (along the south project boundary) (Local Street, 60'
ROW):
a) No additional widening on the north side of the street along
all frontage adjacent to the Tentative Map boundary.
Other required improvements in the Avenida Villa right of way
and/or adjacent landscape setback area include:
b) A minimum 6-foot wide sidewalk along the existing back of
curb with tree wells at the curb side and as approved by
the Public Works Director and the Planning Director. As the
tree well encroaches into the Public Utility Easement, the
applicant shall obtain approval of all utility purveyors prior
to approval of the sidewalk/streetscape design.
c) Curb ramp and intersection curb return per City of La
Quinta standards.
The applicant shall extend improvements beyond the development
boundaries to ensure they safely integrate with existing improvements (e.g.,
grading; traffic control devices and transitions in alignment, elevation or
dimensions of streets and sidewalks).
46. The proposed gated entry to the below ground parking garage shall be
designed to have guest parking access via a pedestrian call box method to
alleviate stacking at the gated entry and backing out onto Avenida Villa due
Resolution No. 2008-049
Conditions Of Approval - FINAL
Tentative Tract 34038, Ext. 1
Casa La Quinta - Borrego Resort Holdings, Inc.
July 15, 2008
Page 15
to refusal, as approved by the City Engineer. Additionally, the applicant shall
apply for a 2-car Loading/Stopping Zone on Avenida Villa for temporary
parking of visitor's vehicles to comply with the aforementioned pedestrian
call box access entry.
The applicant shall design the gate speed for rapid entry of the visitors and
residents. Resident access shall be via transponder actuation to alleviate
stacking at the gated entry. Operation and maintenance the of gated entry
shall be incorporated into the project CC&R's.
47. 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.
48. General access points and turning movements of traffic are limited to the
following:
A. Primary Entry (Avenida Villa along westerly property boundary) - All
turn movements are permitted.
49. Improvements shall include appurtenances such as traffic control signs,
markings and other devices, raised medians if required, street name signs
and sidewalks.
50. Improvements shall be designed and constructed in accordance with City
adopted standards, supplemental drawings and specifications, or as
approved by the City Engineer. Improvement plans for streets, access gates
and parking areas shall be stamped and signed by qualified engineers.
PARKING LOTS AND ACCESS DRIVEWAY
51. 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.
Resolution No. 2008-049
Conditions Of Approval - FINAL
Tentative Tract 34038, Ext. 1
Casa La Quints — Borrego Resort Holdings, Inc.
July 15, 2008
Page 16
52. 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.
53. Grade breaks and vertical curves at the access driveway to the parking
garage shall be designed at a minimum to the Institute of Transportation
Engineer's design standards and as approved by the City Engineer.
CONSTRUCTION
54. 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.
PUBLIC SERVICES
55. The applicant shall comply with all applicable requirements of the Riverside
County Fire Department, as set forth under approval conditions for VUP 2005-
030, Time Extension 1. Any additional requirements not addressed therein
shall also be met.
MAINTENANCE
56. The applicant shall comply with the provisions of Section 13.24.160
(Maintenance), LQMC. Applicant shall submit CC&R's for the project for
review by Public Works and Community Development, prior to their
recordation.
57. 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
58. 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.
Resolution No. 2008-049
Conditions Of Approval - FINAL
Tentative Tract 34038, Ext. 1
Casa La Quinta - Borrego Resort Holdings, Inc.
July 15, 2008
Page 17
59. Permits 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 of issuance of building permit(s).
60. 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.
61. Tentative Tract 34038 shall provide payment of an in -lieu park dedication fee,
as specified in Chapter 13.48, LQMC. Based on the requirements of Section
13.48.050 LQMC, the amount of park land required is 0.168 acres. The fee
amount will be determined when the appropriate land value information is
submitted. The in -lieu payment(s) shall be based upon this acreage
requirement. Payment of the in -lieu fee shall be made no later than prior to, or
concurrently with, recordation of the first final map within the Tentative Map.
CULTURAL RESOURCES
62. 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.
63. 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.
64. 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.
Materials shall be accompanied by descriptive catalogue, field notes and
records, primary research data, and the original graphics.
Resolution No. 2008-049
Conditions Of Approval - FINAL
Tentative Tract 34038, Ext. 1
Casa La Quinta - Borrego Resort Holdings, Inc.
July 15, 2008
Page 18
65. 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.
66. 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.
67. 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
68. 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 the Planning
Department and shall be provided to site monitors prior to beginning of any
earth -moving.
69. 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.
70. Recovered specimens shall be prepared to the point of identification and
permanent preservation, including washing of sediments to recover small
invertebrates and vertebrates.
71. 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
Resolution No. 2008-049
Conditions Of Approval - FINAL
Tentative Tract 34038, Ext. 1
Casa La Ouinta - Borrego Resort Holdings, Inc.
July 15, 2008
Page 19
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.
72. 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.
LANDSCAPE & IRRIGATION
73. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks)
& 13.24.140 (Landscaping Plans), LQMC.
74. Landscape areas shall have permanent irrigation improvements meeting the
requirements of the City Engineer. Use of lawn areas shall be minimized with
no lawn, or spray irrigation, being placed within 18 inches of curbs along
public streets.
75. The applicant shall submit all landscape plans, to include landscape lighting,
for approval through plan checking by the Public Works Department. Planning
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. Additional landscape conditions under VUP 2005-030, Time
Extension 1 are hereby incorporated by reference.
NOTE: Plans are not approved for construction until signed by the Planning
Director. All landscape and irrigation plans shall be signed and stamped by a
licensed landscape architect.
80. 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, 51" 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.
Resolution No. 2008-049
Conditions Of Approval - FINAL
Tentative Tract 34038, Ext. 1
Casa La Quints - Borrego Resort Holdings, Inc.
July 15, 2008
Page 20
MISCELLANEOUS
81. Time Extension #1, which grants a one year extension from the original
expiration date of May 2, 2008, shall expire on May 2, 2009, unless
extended pursuant to the provisions of the La Quinta Municipal Code. The
applicant shall be responsible for monitoring the approval and expiration
dates.