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PCRES 1994-016PLANNING COMMISSION RESOLUTION 94-016 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, ANNOUNCING FINDINGS AND APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION OF 90 SENIOR CITIZEN APARTMENTS, CARETAKER UNIT, AND RECREATION BUILDING CONDITIONAL USE PERMIT 94-014 E. G. WILLIAMS DEVELOPMENT CORPORATION/ CITY OF LA QUINTA REDEVELOPMENT AGENCY WHEREAS, the Planning Commission of the City of La Quinta did on the 14th day of June, 1994, hold a duly noticed Public Hearing to consider the request for a conditional use permit to allow the construction of a senior citizen apartment project known as the "Seasons". The site is located on Calle Tampico, west of Washington Street, more particularly described as: A PORTION OF THE SOUTH HALF OF THE NORTHWEST 1/4 OF SECTION 6, TOWNSHIP 6 SOUTH, RANGE 7 EAST, S.B.B.M. WHEREAS, said conditional use permit has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended) (Resolution 83-68 adopted by the La Quinta City Council) in that the Planning Director has determined that after an Initial Study, the project will not have a significant adverse effect on the environment and that a Negative Declaration should be filed; and, WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts, findings, and reasons to justify approval of said Conditional Use Permit: 1. The proposed use will not be detrimental to the health, safety, or general welfare of the community. 2. The Conditional Use Permit, as conditioned, is consistent with the approval and conditions of which this site is a part of. 3. The Conditional Use Permit, as conditioned, is consistent with the zoning requirements and intent or the R-2-4000 Zone of the City. 4. That the environmental impacts associated with the development of this project can be mitigated through the approval conditions imposed upon it. RESOPC.135 1 5. That the proposed project will provide 90 apartments for senior citizens who qualify based on income. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Commission on this case. 2. That it does hereby approve Conditional Use Permit 94-014 for the reasons set forth in this resolution and subject to the attached conditions, labeled Exhibit "A". PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 14th day of June, 1994, by the following vote, to wit: AYES: Commissioners Adolph, Ellson, Abels, and Chairwoman Barrows NOES: None ABSENT: Commissioner Marrs ABSTAIN: None .2 r2�L KATIE BAR WS Chairwoman City of La Quinta, California A EST: JER Y R AN, Planning Director it of La Quinta, California RESOPC.135 2 PLANNING COMMISSION RESOLUTION 94-016 CONDITIONS OF APPROVAL - ADOPTED CONDITIONAL USE PERMIT 94-014 - THE SEASONS JUNE 14, 1994 PLANNING & DEVELOPMENT DEPARTMENT: 1. The development of this site shall be generally be in conformance with the approved exhibits contained in the file for Conditional Use Permit 94-014, unless otherwise amended by the following conditions. 2. The approved conditional use permit shall be used by June 30, 1996; otherwise it shall become null and void and of no effect whatsoever. "Be used" means the beginning of substantial construction which is allowed by this approval, not including grading, which is begun within the two year period and thereafter diligently perused to completion. A time extension request can be submitted to extend the project for an additional one year period if the request is made one month prior to expiration of the case. 3. All applicable conditions shall be complied with as necessary. 4. An exterior lighting plan for the parking area, perimeter wall, entrys, and buildings shall be approved by the Planning and Development Department prior to issuance of a building permit. Lighting fixtures shall be shielded to eliminate glare on the adjacent streets. All lighting facilities shall comply with Chapter 9.210 (Outdoor Light Control). Applicant shall submit plans for street lighting along roads, for review and approval by the Planning and Development Department. 5. Separate recycling bins shall be provided within a masonry enclosure with location subject to approval of the Planning and Development Department. 6. Provisions shall be made to comply with the terms and requirements of the City adopted infrastructure fee program in affect at the time of issuance of a future building permit. 7. Construction shall comply with all local and State building code requirements in effect at the time of issuance of a building permit. 8. Final landscape and irrigation plans shall be approved by the Agricultural Commissioner and the Coachella Valley Water District, prior to issuance of a building permit. 9. Applicant shall work with the City of La Quinta Planning and Development Department to provide coordination of landscape planting along the south perimeter of the project. CONAPRVL. 127 Conditions of Approval CUP 94-014 - The Seasons 10. The exterior building colors and materials shall match those submitted in Exhibits "M-C 1", "M-C 2", "M-C 3", and "M-C 4" unless otherwise approved by the Planning Commission. 11. All roof mounted equipment shall be screened from view at all sides by design of the apartments. All ground mounted mechanical equipment shall be screened from view by methods approved by the Planning and Development Department. 12. All dwelling units within the project shall be single story (maximum 17-feet) including the recreation/management building. 13. All roofing material within the project shall be clay or concrete tile barrel. The color of the roof tiles shall consist of desert hues. 14. All residences/dwellings are required to have illuminated building address number per the La Quinta Municipal Code. 15. Prior to final building inspection approval, the permittee shall construct a minimum six (6) foot high decorative masonry wall along the perimeter property lines as indicated on the site plan. The exterior side of all masonry walls shall be surfaced with a protective coating that will facilitate the removal of graffiti. The required wall shall be subject to the approval of the Director of Building and Safety and the Planning and Development Department, and shall be shown on all grading and landscaping plans. 16. Prior to final building inspection approval, the swimming pool shall be properly enclosed with minimum five (5) foot high fencing and self -latching gates in accordance with the directives of the County Health Department. The swimming pool shall be in compliance with the requirements of the State Architecture for access by physically -handicapped persons. 17. Prior to final building inspection approval, all new electrical telephone and television services, except electrical lines rated 12kV or greater, within the property subject to this permit shall be installed underground as approved by the affected utility. 18. No signs are approved pursuant to this conditional use permit. Prior to the installation of any on -site advertising or directional signs, a signing plan shall be submitted for approval of the Planning and Development Department pursuant to the requirements of the Zoning Ordinance. 19. Prior to issuance of building permits, four (4) copies of a certified acoustical study performed by a professional acoustician outlining methods by which interior sound levels within the principal buildings of the proposed use will be maintained at no more than 45 CONAPRVL.127 2 Conditions of Approval CUP 94-014 - The Seasons db(A) and that airborne sound insulation methods will comply with Chapter 35 of the U.B.C. The report shall be submitted to the Planning and Development Department for review and comment prior to approval. Prior to final building inspection, project construction and design shall comply with the recommendations of the approved acoustical study. 20. The project site plan and landscaping plan shall be restudied to incorporate the following features: A. Create walk-through gates accessing the sidewalk along Calle Tampico, one at each of the two southern -most cul-de-sac streets. B. Provide masonry block trash enclosure and recycling enclosure as required by Waste Management of the Desert and the City. 21. The final construction plans shall be provided to the Planning and Development Department for review prior to issuance of a building permit. 22. The trash enclosure gates should be solid metal and hung on four inch freestanding steel posts. The enclosure shall be a minimum height to provide visual screening. CITY FIRE MARSHAL 23. Water mains shall be capable of providing a potential fire flow of 2500 gpm and the actual fire flow available from any one hydrant connected to any given water main shall be 1500 gpm for two hours duration at 20 psi operating pressure. 24. A combination of on -site and off -site Super fire hydrants, (6" X 4" X 21/2") on a looped system, will be located not less than 25-feet or more than 165-feet from any portion of the building(s) as measured along approved vehicular travelways. The required fire flow shall be available from any adjacent hydrant(s) in the system. 25. Blue retro-reflective pavement markers shall be mounted on private streets, public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers must be approved by the Riverside County Fire Department. 26. Prior to issuance of building permit the applicant/developer shall furnish one blueline copy of the water system plans to the Fire Department for review/approval. Plans shall conform to fire hydrant types, location and spacing, and the system shall meet fire flow requirements. Plans shall be signed/approved by a registered civil engineer and local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department. " CONAPRVL. 127 3 Conditions of Approval CUP 94-014 - The Seasons 27. The required water system including fire hydrants shall be installed and operational prior to the start of construction. 28. Install portable fire extinguishers per NFPA, Pamphlet #10, but not less than 2AIOBC in rating. Contact certified extinguisher company for property placement of equipment. 29. Whenever access into private property is controlled through use of gates, barriers, guard houses or similar means, provision shall be made to facilitate access by emergency vehicles in a manner approved by the Fire Department. All controlled access devices that are power operated shall have a Knox Box over -ride system capable of opening the gate when activated by a special key located in emergency vehicles. Devices shall be equipped with backup power facilities to operate in the event of power failure. All controlled access devices that are not power operated shall also be approved by the Fire Department. Minimum opening width shall be 16-feet with a minimum vertical clearances of 15-feet. 30. Directory display boards will be required adjacent to each roadway access to the development. These shall be an illuminated diagrammatic representation of the actual layout which shows name of complex, all streets, building designators, unit numbers, and fire hydrant locations within the complex. These directories shall be a minimum 4-feet by 4-feet in dimension. Addressing of buildings and units shall conform to the Riverside County Addressing Policy. Additional information and details may be obtained by contacting the Fire Department Planning and Engineering staff. 31. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within twelve months. 32. If the recreation building facility is protected with a fire alarm system or burglar alarm system, the lock boxes will require "tamper" monitoring. 33. Final conditions will be addressed when building plans are reviewed. A plan check fee must be paid to the Fire Department at the time building plans are submitted. ENGINEERING DEPARTMENT: 34. If the applicant desires to phase improvements, phasing plans shall be submitted for review and approval by the City Engineer and the Planning and Development Department prior to issuance of any grading permit for the development. The applicant shall develop phases in the order of the approved phasing plan. Improvements required of each phase shall be complete prior to issuance of Certificates of Occupancy within the phase unless otherwise approved by the City Engineer. CONAPRVL.127 4 Conditions of Approval CUP 94-014 - The Seasons 35. Prior to the issuance of a grading or building permit for construction of any building or use contemplated by this approval, the applicant shall obtain permits and/or clearances from the following public agencies: - Fire Marshal - Public Works Department (Grading Permit, Improvement Permit) - Planning and Development Department - Riverside Co. Environmental Health Department - Desert Sands Unified School District - Coachella Valley Water District - Imperial Irrigation District - California Regional Water Quality Control Board (NPDES Permit) The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approvals and signatures on the plans. Evidence of permits or clearances from the above jurisdictions shall be presented to the Building Division at the time of the application for a building permit for the use contemplated herewith. IMPROVEMENT AGREEMENT 36. The applicant shall construct, or enter into a secured agreement to construct, and make any required reimbursements for, the on- and off -site grading, streets, utilities, landscaping, on -site common area improvements, and any other improvements required by these conditions before approval of any grading permit for the development. Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 37. If improvements are phased, off -site improvements (ie: streets) and common -area improvements (ie: perimeter walls, common -area and setback landscaping, and gates) shall be constructed, secured or reimbursed prior to approval of any grading permit unless otherwise approved by the engineer. The City Engineer may consider proposals by the applicant to stage the installation of off -site and common -area improvements with development of two or more phases within the tentative map. 38. The applicant shall pay cash or provide security in guarantee of cash payment for required improvements which are deferred for future construction by others. Deferred improvements for this development include: CONAPRVL.127 5 Conditions of Approval CUP 94-014 - The Seasons A. Half of 36' street improvement to the portion of the north exterior road lying east of the north access road to this development. B. The applicant's proportion of the cost of the traffic signal at Calle Tampico and Desert Club Drive as outlined below. DEDICATIONS 39. The applicant shall dedicate 10-foot-wide public utility easements contiguous with and along both sides of all private streets. 40. The applicant shall dedicate common -area setback lots, of minimum width as noted, adjacent to the following street rights of way: Calle Tampico - 20' Minimum widths may be used as average widths for meandering wall designs. Where sidewalks, bikepaths, and/or equestrian trails are required, the applicant shall dedicate blanket easements over the setback lots for those purposes. 41. The applicant shall vacate vehicle access rights to the following streets from lots abutting the streets: A. Calle Tampico B. The west and north exterior roads Access to these streets shall be restricted to street intersections and approved emergency access locations. 42. The applicant shall dedicate any easements necessary for placement of and access to utility lines and structures, park lands, drainage basins, common areas, and mailbox clusters. 43. The applicant shall cause no easements to be granted or recorded over any portion of this property between the date of approval by the City Council and the date of recording of any final map(s) covering the same portion of the property unless such easements are approved by the City Engineer. TRACT DESIGN 44. The requirements of the City's off-street parking ordinance shall be met concerning all supplemental accessory facilities. CONAPRVL. 127 6 Conditions of Approval CUP 94-014 - The Seasons 45. The applicant shall submit plans for street lighting along roads, if any, for review and approval by the Planning and Development Department. GRADING 46. Prior to disturbance of ground cover on the project site or any construction access or staging areas, the Applicant shall submit and receive approval of a fugitive dust control plan prepared in accordance with Chapter 6.10, La Quinta Municipal Code. The plan shall address dust control during construction and permanent ground surface stabilization following construction. In accordance with Chapter 6.10, the Applicant shall furnish security, in a form acceptable to the city, in an amount sufficient to guarantee compliance with the provisions of the permit. 47. Graded but undeveloped land shall be maintained in a condition so as to prevent dust and blowsand nuisances and shall be planted with interim landscaping or provided with other wind and water erosion control measures as approved by the Planning and Development and Public Works Departments. 48. The applicant shall comply with the City's flood protection ordinance. 49. A thorough preliminary engineering, geological and soils engineering investigation shall be conducted. The report of the investigation ("the soils report") shall be submitted with the grading plan. 50. A grading plan shall be prepared by a registered civil engineer. The plan shall be submitted on 24" x 36" media and must meet the approval of the City Engineer prior to issuance of any grading permit within the development. The grading plan shall conform with the recommendations of the soils report and shall be certified as adequate by a soils engineer or an engineering geologist. Prior to issuance of any building permit the applicant shall provide a separate document bearing the seal and signature of a California registered civil engineer, geotechnical engineer, or surveyor that lists actual building pad elevations. The document shall, for each building pad, state the pad elevation approved on the grading plan, the as -built elevation, and shall clearly identify the difference, if any. The data shall be organized by lot number and shall be cumulative if the data are submitted at different times. DRAINAGE 51. The applicant shall participate in the cost of the regional storm retention facility to be constructed to the north of this development including the cost of land and of the evacuation pumping system. The applicant's share of the cost will be determined by the City and will be based on this development's contribution to the total capacity of the facility. CONAPRVL. 127 7 Conditions of Approval CUP 94-014 - The Seasons 52. The development shall be graded to permit storm flow in excess of improved conveyance capacity to flow out of the development through a designated overflow outlet and into the historic drainage relief route. The development shall be graded to receive storm flow from adjoining property at locations that have historically received flow. 53. Storm water run-off produced in 24 hours during a 100-year storm shall be conveyed in an approved manner to the regional retention basin to be located north of the development. 54. The design of the development shall not cause any change in flood boundaries, levels or frequencies in any area outside the development. UTILITIES 55. All existing and proposed utilities adjacent to or within the proposed development shall be installed underground. High -voltage power lines which the power authority will not accept underground are exempt from this requirement. 56. In areas where hardscape surface improvements are planned, underground utilities shall be installed prior to construction of the surface improvements. The applicant shall provide certified reports of utility trench compaction tests for approval of the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 57. Improvement plans for all on- and off -site streets and access gates shall be prepared by a registered civil engineer. Plans shall be submitted on 24" x 36" media. Improvements shall be designed and constructed in accordance with the La Quinta Municipal Code, adopted Standard Drawings, and as approved by the City Engineer. Street pavement sections shall be based on a Caltrans design procedure for a 20-year life and shall consider soil strength and anticipated traffic loading, including site and building construction traffic. The minimum pavement sections shall be as follows: Residential& Parking Areas 3.0" a.c./4.50" a.b. Collector 4.0"/5.00" Secondary Arterial 4.0"/6.00" Primary Arterial 4.5"/6.00" Major Arterial 5.5"/6.50" If the applicant proposes to construct a partial pavement section for use during development, the partial section shall be designed with a strength equivalent to the 20-year design strength. CONAPRVL.127 8 Conditions of Approval CUP 94-014 - The Seasons 58. Improvements shall include all appurtenances such as traffic signs, channelization markings, raised medians if required, street name signs, sidewalks, and mailbox clusters approved in design and location by the U.S. Post Office and the City Engineer. Mid -block street lighting is not required. 59. The City Engineer may require miscellaneous incidental improvements and enhancements to existing improvements as necessary to integrate the new work with existing improvements and provide a finished product conforming with City standards and practices. This may include, but is not limited to, street width transitions extending beyond development boundaries. 60. The following street improvements shall be constructed to conform with the General Plan street type noted in parentheses: A. OFF -SITE STREETS 1. Calle Tampico - Reimburse City for the cost of Calle Tampico improvements (street, drainage, landscaping, and undergrounding of electric facilities) on the applicant's half of the street from the center of the west exterior road to the east end of this development. 2. Traffic signal at Calle Tampico and Desert Club Drive - participate in proportionate share of the cost to design and construct of the signal. The share shall be based on traffic study approved by the City. 3. West exterior road - full street improvements, 32' wide curb face to curb face, from Calle Tampico to the north exterior road. 4. North exterior road - full street improvements, 36' wide curb face to curb face, from the west exterior road to the north access road to the development, including intersections. B. ON -SITE STREETS 1. Private Residential - 32 feet wide 61. Access points and turning movements of traffic shall be restricted to those shown on the plot plan received by the City on May 25, 1994. LANDSCAPING 62. The applicant shall provide landscape improvements in the setback lots along the following streets: A. Calle Tampico CONAPRVL.127 9 Conditions of Approval CUP 94-014 - The Seasons B. West exterior road C. East exterior road The applicant is encouraged to minimize steep slope designs within the perimeter landscaping setback areas. Use of lawn shall be minimized with no lawn or spray irrigation within 5-feet of curbs along public streets. 63. Landscape and irrigation plans for landscaped lots, common retention basins and park facilities shall be prepared by a licensed landscape architect. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Common basins and park areas shall be designed with a turf grass surface which can be mowed with standard tractor -mounted equipment. Landscape and irrigation plans shall meet the requirements of and be signed by the Planning Director, the City Engineer, the Coachella Valley Water District, and the Riverside County Agricultural Commissioner. 64. The applicant shall insure that landscaping plans and utility plans are coordinated to provide visual screening of above -ground utility structures. 65. The applicant shall provide public transit amenities as required by Sunline Transit and/or the City Engineer. The precise location and character of any required turnout and shelter shall be as determined by Sunline Transit and the City Engineer. QUALITY ASSURANCE 66. The City is contemplating adoption of a quality -assurance program for privately -funded construction. If the program is adopted prior to the issuance of permits for construction of the improvements required of this map, the applicant shall fully comply with the quality -assurance program. If the quality -assurance program has not been adopted, the applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 67. The applicant shall employ or retain California registered civil engineers, geotechnical engineers, or surveyors, as appropriate, who will provide, or have his or her agents provide, sufficient supervision and verification of the construction to be able to furnish and sign accurate record drawings and certify compliance of all work with approved plans, specifications and applicable codes. 68. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all plans signed by the City Engineer. Each sheet of the drawings shall have the words "Record Drawings," "As -Built" or "As -Constructed" clearly marked on each sheet and be stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. CONAPRVL.127 10 Conditions of Approval CUP 94-014 - The Seasons MAINTENANCE 69. The applicant shall make provisions for continuous maintenance of landscaping and related improvements in landscaped setbacks, retention basins and other common or public areas until those areas have been accepted for maintenance by the City's Landscape and Lighting District or a homeowner's association (HOA). The applicant shall maintain all other improvements until final acceptance of improvements by the City Council. FEES AND DEPOSITS 70. The applicant shall pay all deposits and fees required by the City for plan checking and construction inspection. Deposit and fee amounts shall be those in effect when the applicant makes application for the plan checks and permits. MISCELLANEOUS 71. Plans for grading, drainage, streets, pedestrian/bike facilities, gates, common parking areas, parks, lighting, landscaping & irrigation, and perimeter walls are not approved for construction until they have been signed by the City Engineer. 72. Prior to issuance of Certificates of Occupancy for buildings within the development, the applicant shall install traffic control devices and street name signs along access roads to those buildings. SPECIAL: 73. The State Fish and Game fees shall be paid within 24-hours after review of the case by the City Council. 74. This property is located within the Coachella Valley and all landscape planting shall comply with the requirements of the State Agricultural Code and the directives of the Riverside County Agricultural Commissioner. All landscaping plans submitted to the Planning and Development Department shall include the following notation: "WARNING: Plant material listed may or may not have been approved by the Agricultural Commissioner's office. Landscape contractor, please contact the developer for the status of the Agricultural Commissioner's approval or denial. Plant material not conforming with quarantine laws may be destroyed and civil action taken. All plant material is subject to inspection at the discretion of the Agricultural Commissioner's office. All plant material must be free from Red Scale (Aonidiella aurantii)." 75. The City shall retain a qualified archaeologist, with the developer to pay costs, to prepare a mitigation and monitoring plan for artifact location and recovery. Prior archaeological studies for this site as well as other unrecorded information, shall be analyzed prior to the preparation of the plan. CONAPRVL. 127 I1 Conditions of Approval CUP 94-014 - The Seasons The plan shall be submitted to the Coachella Valley Archaeological Society (CVAS) for a two -week review and comment period. At a minimum, the plan shall: 1) identify the means for testing; 2) allow sharing the information with the CVAS; and 3) provide for further testing if the preliminary results show significant materials are present. The final plan shall be submitted to the Planning and Development Department for final review and approval. Prior to the issuance of a grading permit, the developer shall have retained a qualified cultural resources management firm and completed the testing and data recovery as noted in the plan. The management firm shall monitor the grading activity as required by the plan or testing results. A list of the qualified archaeological monitor(s), cultural resources management firm employees, and any assistant(s)/representative(s) shall be submitted to the Planning and Development Department. The list shall provide the current address and phone number for each monitor. The designated monitors may be changed from time to time, but no such change shall be effective unless served by registered or certified mail on the Planning and Development Department. The designated monitors or their authorized representatives shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of resources. In the event of discovery or recognition of any human remains, there shall be no further grading, excavation or disturbance of the site or any nearby areas reasonably suspected to overlie adjacent human remains until appropriate mitigation measures are completed. Upon completion of the data recovery, the Developer shall cause three copies of the final report containing the data analysis to be prepared and published and submitted to the Planning and Development Department. 76. The applicant shall retain a qualified biologist with expertise in the desert environmental, to conduct a field survey of the project site. A professional report shall be submitted to the Planning and Development Department for review and approval. Recommendations for mitigation shall be implemented where feasible. 77. All apartment units must be handicapped "adaptable" per Section 3103A(n)3 of the State Building Code. 78. Five blueline copies of the carport elevations and one colored elevation shall be submitted to the Planning and Development Department for review and approval. CONAPRVL.127 12