PCRES 2005-054PLANNING COMMISSION RESOLUTION 2005-054
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF LA QUINTA, CALIFORNIA,
RECOMMENDING TO THE CITY COUNCIL APPROVAL
OF THE SUBDIVISION OF 10.6 ACRES INTO SEVEN
COMMERCIAL PARCELS
CASE NO.: TENTATIVE PARCEL MAP 33908
REGENCY MARINITA-LA QUINTA LLC
WHEREAS, The Planning Commission of the City of La Quinta,
California, did on the 25`h day of October, 2005, hold a duly noticed Public Hearing
to consider the request of Regency Marinita-La Quinta LLC, for the subdivision of
10.6 acres into seven commercial parcels, located at the southwest corner of
Jefferson Street and Fred Waring Drive, more particularly described as:
ASSESSOR'S PARCEL NUMBER 604-521-004
WHEREAS, said Tentative Parcel Map has complied with the
requirements of "The Rules to Implement the California Environmental Quality Act
of 1970" as amended (Resolution 83-63) in that this development request has been
previously reviewed under Environmental Assessment 02-462, under the provisions
of the California Environmental Quality Act (CEQA). Based upon this Assessment,
the project will not have a significant adverse effect on the environment and no
additional environmental documentation is required. No changed circumstances or
conditions are proposed which would trigger the preparation of a subsequent
environmental assessment pursuant to Public Resources Code section 21166; and
WHEREAS, the Community Development Department published the
public hearing notice in the Desert Sun newspaper on October 14, 2005, as
prescribed by the Municipal Code. Public hearing notices were also mailed to all
property owners within 500 feet of the site; and
WHEREAS, at said Public Hearing, upon hearing and considering all
testimony and arguments, if any, of all interested persons wanting to be heard,
said Planning Commission did make the following Mandatory Findings to justify a
recommendation for approval of Tentative Parcel Map 33908:
1. The Tentative Parcel Map with its improvements and design, are consistent
with the General Plan in that its street design and parcels are in conformance
with applicable goals, policies, and will provide adequate infrastructure and
public utilities.
Planning Commission Resolution 2005-054
Tentative Parcel Map 33908
Regency Marinta-La Quinta LLC
October 25, 2005
2. The design of the parcel map and its proposed improvements are not likely to
create environmental damage or substantially and avoidably injure wildlife or
their habitat because the site does not contain significant biological
resources.
3. The design of the subdivision and subsequent improvements are not likely to
cause serious public health problems because the construction of a
neighborhood commercial center at this location will not have considerable
cumulative impacts. The project is consistent with the General Plan, and the
potential impacts associated with General Plan buildout.
4. The design of the parcel map and the proposed types of improvements will
not conflict with easements acquired by the public at large, for access
through or use of the property within the subdivision in that none presently
exist and access is provided within the project and to adjacent public streets.
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 constitute the findings of the
Planning Commission in this case;
2. That the Planning Commission does hereby recommend approval of Tentative
Parcel Map 33908 to the City Council for the reasons set forth in this
Resolution, subject to the attached Conditions of Approval.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta Planning Commission, held on this 25`" day of October, 2005, by the
following vote, to wit:
AYES: Commissioners Alderson, Daniels, Quill, and Chairman Kirk
NOES: None
ABSENT: Commissioner Ladner
ABSTAIN: None
M KIRjK, Chairrr)a
y of a Quinta, California
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Planning Commission Resolution 2005-054
Tentative Parcel Map 33908
Regency Marinta-La Quinta LLC
October 25, 2005
ATTEST:
kz'""�
DOU LAS .EVANS
Communi y Development Director
City of La Quinta, California
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PLANNING COMMISSION RESOLUTION 2005-054
CONDITIONS OF APPROVAL - ADOPTED
TENTATIVE PARCEL MAP 33908
REGENCY-MARINITA LA QUINTA, LLC
OCTOBER 25, 2005
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 Tentative Parcel 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 Chapter 13 of the La Quinta Municipal Code
("LQMC").
The City of La Quinta's Municipal Code can be accessed on the City's Web Site at
www.la-quinta.org.
3. 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:
Fire Marshal
Public Works Department (Grading Permit, Green Sheet (Public Works
Clearance) for Building Permits, Improvement Permit)
• Community Development 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
SCAQMD Coachella Valley
• City of Indio (East half of Jefferson Street, only if necessary)
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.
PLANNING COMMISSION RESOLUTION 2005-054
CONDITIONS OF APPROVAL - ADOPTED
TENTATIVE PARCEL MAP 33908
REGENCY-MARINITA LA CUINTA, LLC
OCTOBER 25, 2005
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.
4. 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 (11 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.
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.
Page 2 of 21
PLANNING COMMISSION RESOLUTION 2005-054
CONDITIONS OF APPROVAL - ADOPTED
TENTATIVE PARCEL MAP 33908
REGENCY-MARINITA LA QUINTA, LLC
OCTOBER 25, 2005
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
5. 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.
6. 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.
7. The public street right-of-way offers for dedication required for this development
include:
A. PUBLIC STREETS
1) Jefferson Street (Major Arterial, 120' ROW, if necessary) — The
standard 60 feet from the centerline of Jefferson Street for a total 120-
foot ultimate developed right of way except an additional variable right
of way dedication measured 77 feet west of the centerline of Jefferson
Street to accommodate right turn only/deceleration lanes at the two
proposed entry driveways and dual left turn lanes on Jefferson Street at
the Jefferson Street/Fred Waring Drive intersection improvements
constructed by the Jefferson Street Improvements Project, Phase H.
2) Fred Waring Drive (Major Arterial, 120' ROW) — The standard 60 feet
from the centerline of Fred Waring Drive for a total 120-foot ultimate
developed right of way except an additional variable right of way
dedication at the Jefferson Street/Fred Waring Drive intersection
measured 69 feet south of the centerline of Fred Waring Drive plus a
Page 3 of 21
PLANNING COMMISSION RESOLUTION 2005-054
CONDITIONS OF APPROVAL - ADOPTED
TENTATIVE PARCEL MAP 33908
REGENCY-MARINITA LA QUINTA, LLC
OCTOBER 25, 2005
variable dedication to accommodate improvements conditioned under
STREET AND TRAFFIC IMPROVEMENTS.
8. The applicant shall retain for private use on the Final Map all private 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. Dedications shall include additional widths as necessary for dedicated right and left
turn lanes, bus turnouts, and other features contained in the approved construction
plans.
Pursuant to this requirement, the Applicant shall include in the submittal packet
containing the draft final map submitted for map checking, an offsite street
geometric layout, drawn at 1 " equals 40 feet, detailing the following design aspects:
median curb line, outside curb line, lane line alignment including lane widths, left
turn lanes, deceleration lanels) and bus stop turnout(s)• The geometric layout shall
be accompanied with sufficient professional engineering studies to confirm the
appropriate length of all proposed turn pockets and auxiliary lanes that may impact
the right of way dedication required of the project and the associated landscape
setback requirement
10. When the City Engineer determines that access rights to the proposed street right-of-
ways shown on the approved Tentative Tract Map are necessary prior to approval of
the Final 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.
11. The applicant shall create perimeter landscaping setbacks along all public right-of-
ways as follows:
A. Jefferson Street and Fred Waring Drive (Major Arterial) - 20-foot from the
R/W-P/L. The applicant shall supplement the landscaped setback as needed to
reflect the new right of way configuration.
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.
Page 4 of 21
PLANNING COMMISSION RESOLUTION 2005-054
CONDITIONS OF APPROVAL - ADOPTED
TENTATIVE PARCEL MAP 33908
REGENCY-MARINITA LA QUINTA, LLC
OCTOBER 25, 2005
12, The applicant shall offer for dedication those easements necessary for the placement
of, and access to, utility lines and structures, drainage basins, mailbox clusters, park
lands, and common areas on the Final Map.
13. Direct vehicular access to Jefferson Street and Fred Waring Drive from lots with
frontage along Jefferson Street and Fred Waring Drive is restricted, except for those
access points identified on the tentative tract map, or as otherwise conditioned in
these conditions of approval. The vehicular access restriction shall be shown on the
recorded parcel map.
14, 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.
15. The applicant shall cause no easement to be granted, or recorded, over any portion
of the subject property between the date of approval of the Tentative Tract Map and
the date of recording of any Final Map, unless such easement is approved by the City
Engineer.
FINAL PARCEL MAPS
16. Prior to the City's approval of a Parcel Map, the applicant shall furnish accurate
AutoCAD files of the Parcel Map that was approved by the City's map checker on a
storage media acceptable to the City Engineer. Such files shall be in a standard
AutoCAD format so as to be fully retrievable into a basic AutoCAD program.
Where a Parcel Map was not produced in an AutoCAD format, or produced in a file
that can be converted to an AutoCAD format, the City Engineer will accept a raster -
image file of such Final Map. The Parcel Map shall be of a 1 " = 40' scale.
IMPROVEMENT PLANS
As used throughout these Conditions of Approval, professional titles such as "engineer,"
"surveyor," and "architect," refer to persons currently certified or licensed to practice their
respective professions in the State of California.
17, Improvement plans shall be prepared by or under the direct supervision of qualified
engineers and/or architects, as appropriate, and shall comply with the provisions of
Section 13.24.040 (Improvement Plans), LQMC.
Page 5 of 21
PLANNING COMMISSION RESOLUTION 2005-054
CONDITIONS OF APPROVAL - ADOPTED
TENTATIVE PARCEL MAP 33908
REGENCY-MARINITA LA QUINTA, LLC
OCTOBER 25, 2005
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 Rough Grading Plan 1 " = 40' Horizontal
B. PM 10 Plan 1 " = 40' Horizontal
C. SWPPP 1" = 40' Horizontal
NOTE: A through C to be submitted concurrently.
L
Off -Site Street Improvement/Storm Drain Plan
1 " = 40' Horizontal, 1 " = 4' Vertical
Off -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 meandering sidewalk, mounding, and
berming design in the combined parkway and landscape setback area.
F. On-Site/Off Site Storm Drain Plan 1 " = 40' Horizontal, 1 " = 4' Vertical
NOTE: D through F to be submitted concurrently.
G. On -Site Precise Grading Plans
1 " = 30' Horizontal
Other engineered improvement plans prepared for City approval that are not listed
above shall be prepared in formats approved by the City Engineer prior to
commencing plan preparation.
All Off -Site Plan & Profile Street Plans and Signing & Striping Plans shall show all
existing improvements for a distance of at least 200-feet beyond the project limits, or
a distance sufficient to show any required design transitions.
Page 6 of 21
PLANNING COMMISSION RESOLUTION 2005-054
CONDITIONS OF APPROVAL - ADOPTED
TENTATIVE PARCEL MAP 33908
REGENCY-MARINITA LA QUINTA, LLC
OCTOBER 25, 2005
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.
In addition to the normal set of improvement plans, a "Site Development" plan is
required to be submitted for approval by the Building Official and the City Engineer.
"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 Online Engineering Library at
the City website (www.la-quinta.org). Navigate to the Public Works Department
home page and look for the Online Engineering Library hyperlink.
20. The applicant shall furnish a complete set of the AutoCAD files of all approved
improvement plans on a storage media acceptable to the City Engineer. The files
shall be saved in a standard AutoCAD format so they may be fully retrievable through
a basic AutoCAD program.
At the completion of construction, and prior to the final acceptance of the
improvements by the City, the applicant shall update the AutoCAD files in order to
reflect the as -built conditions.
Page 7 of 21
PLANNING COMMISSION RESOLUTION 2005-054
CONDITIONS OF APPROVAL - ADOPTED
TENTATIVE PARCEL MAP 33908
REGENCY-MARINITA LA QUINTA, LLC
OCTOBER 25, 2005
Where the improvement plans were not produced in a standard AutoCAD format, or
a file format that can be converted to an AutoCAD format, the City Engineer will
accept raster -image files of the plans.
IMPROVEMENT SECURITY AGREEMENTS
21. Prior to approval of any Final Parcel 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.
22. 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 Tract Map, shall comply with the
provisions of Chapter 13.28 (Improvement Security), LQMC.
23. 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.
When improvements are phased through a "Phasing Plan," or an administrative
approval (e.g., Site Development Permits), all off -site improvements and common on -
site improvements (e.g., backbone utilities, retention basins, perimeter walls,
landscaping and gates) shall be constructed, or secured through a SIA, prior to the
issuance of any permits in the first phase of the development, or as otherwise
approved by the City Engineer.
Improvements and obligations required of each subsequent phase shall either be
completed, or secured through a SIA, prior to the completion of homes or the
occupancy of permanent buildings within such latter phase, or as otherwise approved
by the City Engineer.
In the event the applicant fails to construct the improvements for the development,
or fails to satisfy its obligations for the development in a timely manner, pursuant to
the approved phasing plan, the City shall have the right to halt issuance of all
permits, and/or final inspections, withhold other approvals related to the development
of the project, or call upon the surety to complete the improvements.
Page 8 of 21
PLANNING COMMISSION RESOLUTION 2005-054
CONDITIONS OF APPROVAL - ADOPTED
TENTATIVE, PARCEL MAP 33908
REGENCY-MARINITA LA QUINTA, LLC
OCTOBER 25, 2005
24. Depending on the timing of the development of this Tentative Parcel 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 parcel map. The improvements
covered by the Jefferson Street Improvements Project are exempt from this
obligation.
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.
F. Parcel map boundaries may need to be modified to conform to development
standards associated with building siting and Zoning Ordinance requirements.
Off -Site Improvements should be completed on a first priority basis. The applicant
shall complete Off -Site Improvements in the first phase of construction or prior of
issuance of the 3rd Building Permit.
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.
25. If 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.
Page 9 of 21
PLANNING COMMISSION RESOLUTION 2005-054
CONDITIONS OF APPROVAL - ADOPTED
TENTATIVE PARCEL MAP 33908
REGENCY-MARINITA LA QUINTA, LLC
OCTOBER 25, 2005
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.
GRADING
26. The applicant shall comply with the provisions of Section 13.24.050 (Grading
Improvements), LQMC.
27. Prior to occupancy of the project site for any construction, or other purposes, the
applicant shall obtain a grading permit approved by the City Engineer.
28. To obtain an approved grading permit, the applicant shall submit and obtain approval
of all of the following:
A. A grading plan prepared by a qualified engineer,
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, and
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 Parcel Map that a soils report has been
prepared in accordance with the California Health & Safety Code § 17953.
Page 10 of 21
PLANNING COMMISSION RESOLUTION 2005-054
CONDITIONS OF APPROVAL - ADOPTED
TENTATIVE PARCEL MAP 33908
REGENCY-MARINITA LA QUINTA, LLC
OCTOBER 25. 2005
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.
29. The applicant shall maintain all open graded, undeveloped land in order to prevent
wind and/or water erosion of such land. All open graded, undeveloped land shall
either be planted with interim landscaping, or stabilized with such other erosion
control measures, as were approved in the Fugitive Dust Control Plan.
30. Grading within the perimeter setback and parkway areas shall have undulating terrain
and shall conform with the requirements of LQMC Section 9.60.240(F) except as
otherwise modified by this condition requirement. The maximum slope shall not
exceed 3:1 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 feet (6') of the
curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All
unpaved parkway areas adjacent to the curb shall be depressed one and one-half
inches (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 parcel map,
unless the pad elevations have other requirements imposed elsewhere in these
Conditions of Approval.
32. Building pad elevations of perimeter lots shall not differ by more that one foot from
the building pads in adjacent developments.
33. The applicant shall minimize the differences in elevation between the adjoining
properties and the lots within this development.
Where compliance within the above stated limits is impractical, the City may consider
alternatives that are shown to minimize safety concerns, maintenance difficulties and
neighboring -owner dissatisfaction with the grade differential.
34. Prior to any site grading or regrading that will raise or lower any portion of the site by
more than plus or minus three tenths of a foot from the elevations shown on the
approved Tentative Parcel Map, the applicant shall submit the proposed grading
changes to the City Staff for a substantial conformance finding review.
Page 11 of 21
PLANNING COMMISSION RESOLUTION 2005-054
CONDITIONS OF APPROVAL - ADOPTED
TENTATIVE PARCEL MAP 33908
REGENCY-MAHINI T A LA OuiNTA, LLC
OCTOBER 25, 2005
35. 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.
nRAINA(;F
36. Storm drainage historically received from adjoining property shall be received and
retained or passed through into the historic downstream drainage relief route.
37. For properties where sump conditions exist, the applicant must either define a
diversion/overflow strategy or retain upstream stormwater as required for existing as -
built conditions from all off -site tributary flow from the respective high points. The
applicant must provide either on -site retention or alternative facilities of
diversion/pass through, if selected. Historical flow paths should be identified and
routing provided in the hydrology analysis equivalent to historical flow direction. As
local topography allows, tributary areas may exceed limits of property lines adjacent
to public roads. The 100-year storm shall be the governing event in the designer's
evaluation.
38. In design of above ground 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.
39. The tributary drainage area shall extend to the centerline of adjacent public streets.
Nuisance water shall be disposed of in a trickling sand filter and leach field or
equivalent system approved by the City Engineer. The sand filter and leach field shall
be designed to contain first flush storm water and nuisance water surges from
landscape area, commercial activity and off -site street nuisance water. The sand
filter design shall be per La Quinta Standard 370 with the equivalent of 137.2 gph of
water feed per sand filter to accept the abovementioned nuisance water
requirements. Leach line requirements are 1.108 feet of leach line per gph of flow.
As tributary and upstream stormwater flow on Fred Waring Drive is presently
diverted to the site, the applicant or his design professional may be required to
perform future site modifications that may including proposed pad and parking area
reconfiguration to accept the tributary flow and upstream stormwater. Historical flow
paths shall be identified and routing provided in the hydrology analysis equivalent to
Page 12 of 21
PLANNING COMMISSION RESOLUTION 2005-054
CONDITIONS OF APPROVAL - ADOPTED
TENTATIVE PARCEL MAP 33908
REGENCY-MARINITA LA QUINTA, LLC
OCTOBER 25, 2005
historical flow direction. As local topography allows, tributary areas may exceed
limits of property lines adjacent to public roads. Verification of the proposed storm
water retention system is presently under review by the Public Works Department. If
in the event, the proposed retention capacity or pass through storm water flow is
found to be inadequate during final design based on the approved hydrology study for
the development, adjustments to the site layout as needed to accommodate the
increased retention/detention or pass through capacity may be required to satisfy
safety issues of the Public Works Department.
40. No fence or wall shall be constructed around any retention basin unless approved by
the Community Development Director and the City Engineer.
41. For on -site common retention basins, retention depth shall be according to
Engineering Bulletin 97.03, and side slopes shall not exceed 3:1 and shall be planted
with maintenance free ground cover. Retaining walls are an exception to this
condition.
42. Stormwater may not be retained in landscaped parkways or landscaped setback lots
Only incidental storm water (precipitation which directly falls onto the setback) will
be permitted to be retained in the landscape setback areas. The perimeter setback
and parkway areas in the street right-of-way shall be shaped with berms and
mounds, pursuant to Section 9.100.040(B)(7), LQMC.
43. The design of the development shall not cause any increase in flood boundaries,
levels or frequencies in any area outside the development.
44. 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.
45. The underground retention system proposed by the applicant shall be approved by
the City Engineer. The approved design shall incorporate mechanisms for perpetual
maintenance and operation of the system by the applicant or his successors. The
applicant shall design to contain stormwater in reinforced concrete underground
retention storage within the parking area as approved by the City Engineer.
Additionally, the applicant's design professional shall design the underground
retention storage with special consideration to the Fueling Station's underground
gasoline storage tanks per Riverside Flood Control and Water Conservation District
guidelines and incorporate necessary BMPs in each design to ensure that gasoline
leakage and spillages do not become entrapped in the underground retention storage.
Page 13 of 21
PLANNING COMMISSION RESOLUTION 2005-054
CONDITIONS OF APPROVAL - ADOPTED
TENTATIVE PARCEL MAP 33908
REGENCY-MARINITA LA QUINTA, LLC
OCTOBER 25, 2005
UTILITIES
46. The applicant shall comply with the provisions of Section 13.24.110 (Utilities),
LQMC.
47. 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.
48. 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.
49. 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
50. 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.
51. The applicant shall construct the following street improvements to conform with the
General Plan (street type noted in parentheses.)
A. OFF -SITE STREETS
1) Jefferson Street (Major Arterial; 120' R/W):
The Jefferson Street Improvements Project will widen Jefferson Street along
the Tentative Parcel Map boundary for right turn only/deceleration lanes at the
two proposed entry driveways and dual left turn lanes on Jefferson Street at
the Jefferson Street/Fred Waring Drive intersection. The applicant shall
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PLANNING COMMISSION RESOLUTION 2005-054
CONDITIONS OF APPROVAL - ADOPTED
TENTATIVE PARCEL MAP 33908
REGENCY-MARINITA LA QUINTA, LLC
OCTOBER 25, 2005
construct the following improvements within the Jefferson Street right or way
and/or adjacent landscape setback area:
a) All appurtenant components such as, but not limited to: curb,
gutter, traffic control striping, legends, and signs.
b) 8-foot wide meandering sidewalk. The meandering sidewalk shall
have an arrhythmic horizontal layout that utilizes concave and
convex curves with respect to the curb line that either touches
the back of curb or approaches within five feet of the curb at
intervals not to exceed 250 feet. The sidewalk curvature radii
should vary between 50 and 300 feet and at each point of
reverse curvature, the radius should change to assist in creating
the arrhythmic layout. The sidewalk shall meander into the
landscape setback lot and approach within 5 feet of the
perimeter wall at intervals not to exceed 250 feet.
The applicant shall extend improvements beyond the subdivision 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) Fred Waring Drive (Major Arterial; 120' R/W):
Widen the south side of the street along all frontage adjacent to the Tentative
Parcel Map boundary to its ultimate width on the south side as specified in the
General Plan and the requirements of these conditions. Rehabilitate and/or
reconstruct existing roadway pavement as necessary to augment and convert
it from a rural county -road design standard to La Quinta's urban arterial design
standard. The south curb face shall be located forty eight feet (48') south of
the centerline, except at locations where additional street width is needed to
accommodate:
a) Bus turnout (if required by Sunline Transit)
b) A deceleration/right turn only lane on Fred Waring Drive at
Jefferson Street/Fred Waring Drive intersection. The south curb
face shall be located fifty nine (59') south of the centerline and
length to be determined by a traffic study prepared for the
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PLANNING COMMISSION RESOLUTION 2005-054
CONDITIONS OF APPROVAL - ADOPTED
TENTATIVE PARCEL MAP 33908
REGENCY-MARINITA LA QUINTA, LLC
OCTOBER 25, 2005
applicant by a licensed traffic engineer per Engineering Bulletin #
03-08 and as required by the City Engineer. The south curb face
shall align with the Jefferson Street Improvements project.
c) A 200-foot long dual left turn lane for eastbound Fred Waring
Drive traffic to northbound Jefferson Street at the Jefferson
Street/Fred Waring Drive intersection plus variable taper length
as required by the City Engineer. Pursuant to this condition, the
applicant shall construct 72 feet of street improvements on Fred
Waring Drive at the Jefferson Street/Fred Waring Drive to
accommodate a 4-foot median, two 10-foot left turn lanes, three
11-foot through lanes, a 4-foot bicycle lane and an 11-foot right
turn only/deceleration lane.
Other required improvements in the Fred Waring Drive right or way and/or
adjacent landscape setback area include:
d) All appurtenant components such as, but not limited to : curb,
gutter, traffic control striping, legends, and signs.
e) 8-foot wide meandering sidewalk. The meandering sidewalk shall
have an arrhythmic horizontal layout that utilizes concave and
convex curves with respect to the curb line that either touches
the back of curb or approaches within five feet of the curb at
intervals not to exceed 250 feet. The sidewalk curvature radii
should vary between 50 and 300 feet, and at each point of
reverse curvature, the radius should change to assist in creating
the arrhythmic layout. The sidewalk shall meander into the
landscape setback lot and approach within 5 feet of the
perimeter wall at intervals not to exceed 250 feet.
f) Modify the traffic signal at the Jefferson Street/Fred Waring
Drive intersection. Construct necessary modifications to
accommodate the improved roadway section.
The applicant is responsible for construction of all improvements mentioned above.
The development is eligible for reimbursement from the City's Development Impact
Fee fund in accordance with policies established for that program. The applicant is
responsible for the remaining cost of the improvements.
Page 16 of 21
PLANNING COMMISSION RESOLUTION 2005-054
CONDITIONS OF APPROVAL - ADOPTED
TENTATIVE PARCEL MAP 33908
REGENCY-MARINITA LA QUINTA, LLC
OCTOBER 25, 2005
52. 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:
Parking Spaces and Parking
Aisles (Light Traffic Areas) 3.0" a.c./4.5" c.a.b.
Parking Aisles (Heavy Traffic) 4.0" a.c./6.0" c.a.b.
Major Arterial 5.5" a.c./6.5" c.a.b.
or the approved equivalents of alternate materials.
53. 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.
54. General access points and turning movements of traffic are limited to the following:
A. Jefferson Street
1) Primary Entry (southerly portion of site): Right turn in and out
movements and Left turn movements in are permitted. Left turn out
movements are prohibited. The applicant shall design the median island
on the Entry Drive to have a splitter median island located in the
driveway throat that adequately channelizes the exiting right -turn
vehicles turning onto the arterial street to eliminate illegal left turns.
The splitter island shall be designed in conformance with design
concepts approved by the City Engineer.
2) Secondary Entry (northerly portion of parcel map between Parcel 4 and
7): Right turn in and out movements are permitted. Left turn in and out
movements are prohibited. All right -turn -out only driveways shall have a
splitter median island located in the driveway throat that adequately
channelizes the exiting right -turn vehicles turning onto the arterial street
to eliminate illegal left turns. The splitter island shall be designed in
conformance with design concepts approved by the City Engineer.
Page 17 of 21
PLANNING COMMISSION RESOLUTION 2005-054
CONDITIONS OF APPROVAL - ADOPTED
TENTATIVE PARCEL MAP 33908
REGENCY-MARINITA LA QUINTA, LLC
OCTOBER 25, 2005
B. Fred Waring Drive
1) Primary Entry (easterly portion of site): Right turn in and out movements
and are permitted. Left turn out in and out movements are prohibited.
The applicant shall design the median island on the Entry Drive to have
a splitter median island located in the driveway throat that adequately
channelizes the exiting right -turn vehicles turning onto the arterial street
to eliminate illegal left turns. The splitter island shall be designed in
conformance with design concepts approved by the City Engineer.
2) Secondary Entry (westerly portion of parcel map): Right turn in and out
and left turn in movements are permitted. Left turn movements out are
prohibited. All right -turn -out only driveways shall have a splitter median
island located in the driveway throat that adequately channelizes the
exiting right -turn vehicles turning onto the arterial street to eliminate
illegal left turns. The splitter island shall be designed in conformance
with design concepts approved by the City Engineer.
55. 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.
56. 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.
CONSTRUCTION
57. The City will conduct final inspections of habitable buildings only when the buildings
have improved street and (if required) sidewalk access to publicly -maintained streets.
The improvements shall include required traffic control devices, pavement markings
and street name signs. If on -site streets in residential developments are initially
constructed with partial pavement thickness, the applicant shall complete the
pavement prior to final inspections of the last ten percent of homes within the
development or when directed by the City, whichever comes first.
LANDSCAPING
58. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) &
13.24.140 (Landscaping Plans), LQMC.
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PLANNING COMMISSION RESOLUTION 2005-054
CONDITIONS OF APPROVAL - ADOPTED
TENTATIVE PARCEL MAP 33908
REGENCY-MARINITA LA QUINTA, LLC
OCTOBER 25, 2005
59. The applicant shall provide landscaping in the required setbacks, retention basins,
common lots and park areas.
60. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention
basins, and parks shall be signed and stamped by a licensed landscape architect.
61. The applicant shall submit the landscape plans for approval by the Community
Development Department (CDD), prior to plan checking by the Public Works
Department. When plan checking has been completed by CDD, the applicant shall
obtain the signatures of CVWD and the Riverside County Agricultural Commissioner,
prior to submittal for signature by the City Engineer.
NOTE: Plans are not approved for construction until signed by the City Engineer.
62. 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.
PUBLIC SERVICES
63. The applicant shall provide public transit improvements as required by SunLine
Transit Agency and approved by the City Engineer.
QUALITY ASSURANCE
64. The applicant shall employ construction quality -assurance measures that meet with
the approval of the City Engineer.
65. 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.
66. 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.
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PLANNING COMMISSION RESOLUTION 2005-054
CONDITIONS OF APPROVAL - ADOPTED
TENTATIVE PARCEL MAP 33908
REGENCY-MARINITA LA QUINTA, LLC
OCTOBER 25, 2005
67. 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
68. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance),
LQMC.
69. 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
70. 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.
71. Permits issued under this approval shall be subject to the provisions of the
Infrastructure Fee Program and Development Impact Fee program in effect at the
time of issuance of building permit(s).
72. 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.
OTHER
73. The project proponent shall reserve an area behind the corner cutback at the
intersection of Fred Waring Drive and Jefferson Street, of sufficient size to allow for
improvements associated with a Secondary Gateway designation for this
intersection, as stipulated in the La Quinta General Plan. The area should be between
300 and 600 square feet and consistently shaped in relation to the ultimate right-of-
way. The project proponent shall be responsible for design and installation of
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PLANNING COMMISSION RESOLUTION 2005-054
CONDITIONS OF APPROVAL - ADOPTED
TENTATIVE PARCEL MAP 33908
REGENCY-MARINITA LA QUINTA, LLC
OCTOBER 25, 2005
improvements necessary to define a Secondary Gateway, utilizing specific design
elements which may include, but not be limited to, low -profile City entry monument
signing, upgraded theme landscaping, decorative hardscape, enhanced lighting for
design features, small scale water featurelsl, and similar aesthetic enhancements.
The maintenance of the Secondary Gateway improvements shall be the responsibility
of the land owner or Business Association formed to maintain other common areas
within the project. This requirement may be satisfied through a performance bond
that sets forth general unit costs for design, materials and installation, based on an
inventory of specific improvement items to be incorporated into the design. The
inventory of bonded items, unit and design cost estimates shall be subject to
acceptance by the Community Development and Public Works Directors. The
improvements shall be made, or the bonds secured, prior to occupancy of the first
building on the project site.
74. The project proponent shall provide cross -lot reciprocal access and parking
easements for all lots within the parcel map. These easements shall be shown on the
final parcel map.
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