Loading...
PCRES 2007-010PLANNING COMMISSION RESOLUTION 2007-010 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW DEVELOPMENT AND OPERATION OF A SIGNATURE POOL FACILITY LOCATED ON THE WEST SIDE OF AVENIDA OBREGON, APPROXIMATELY 150 FEET SOUTH OF AVENIDA FERNANDO ON THE LA QUINTA RESORT GROUNDS. CASE NO.: CONDITIONAL USE PERMIT 2007-102 APPLICANT: CNL DESERT RESORTS, LLP WHEREAS, the Planning Commission of the City of La Quinta did on the 131" day of March 13, 2007, hold a duly noticed public hearing to consider the request by CNL Desert Resorts, LLP for approval of a Conditional Use Permit to allow a Signature Pool facility located on the west side of Avenida Obregon, approximately 150 feet south of Avenida Fernando on the La Quinta Resort grounds, more particularly described as: ALL OR PORTIONS OF APN'S: 658-161-054, 055, 058, 061, 062 WHEREAS, THE Community Development Department published a public hearing notice in the Desert Sun newspaper on the 2"d day of March, 2007, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the Resort site and all persons who submitted written correspondence to the City; and WHEREAS, the La Quinta Community Development Department has caused to be prepared Environmental Assessment 2006-573 (an Addendum to Final Environmental Impact Report (EIR) Number 41 and to a series of subsequently approved environmental review documents) for this Site Development Permit in compliance with the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended. The Community Development Department has determined that the proposed modifications to the La Quinta Resort do not require a Subsequent EIR, Supplemental EIR or a Negative Declaration/Mitigated Negative Declaration, since the circumstances described in Section 15162 of the California Environmental Quality Act Guidelines do not exist, in that there will be no new or more significant impacts than those disclosed in the prior EIR Number 41 and the CEQA compliance documents approved subsequently. The modifications proposed and the Planning Commission Resolution 2007-010 Conditional Use Permit 2007-102 CNL Desert Resorts, LLP Adopted: March 13, 2007 circumstances under which the modifications would be carried out do not require substantial changes to the previous EIR, or the subsequent environmental documents, due to the involvement of new significant environmental impacts or a substantial increase in the severity of previously identified significant effects. In addition, there is no new information of substantial importance which would trigger the requirement of a Subsequent EIR, Supplemental EIR or Negative Declaration/Mitigated Negative Declaration in accordance with Section 15162(a)(3). Therefore, the Community Development Department is recommending certification of Environmental Assessment 2006-573 if the project is to be approved; and WHEREAS, at said public hearing 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 and reasons to justify recommending to the City Council approval of said Conditional Use Permit: 1. Compliance with the General Plan - The project site within the La Quinta Resort is designated by the General Plan and applicable Specific Plan 121 E, Amendment #5 as Tourist Commercial. This Tourist Commercial designation permits the Resort and related recreational uses such as the proposed Signature Pool water feature. Furthermore, the project site has been used for various Resort related recreational uses, including a previous "Signature Pool" where the sunken tennis courts presently exist. Therefore, the project is in compliance with the General Plan and Specific Plan. 2. Compliance with the Zoning Code - The City Zoning Map and applicable Specific Plan 121 E, Amendment #5 designates the zoning of the project site within the La Quinta Resort as Tourist Commercial. This designation permits the resort and related recreational uses such as the proposed Signature Pool water feature. Applicable development standards are complied with based on the proposed plans, operation and recommended Conditions of Approval. No structures proposed exceed the 40 feet height limit nor are they setback less than the required 15 feet from residentially zoned properties. 3. Compliance with CEQA - The La Quinta Community Development Department has caused to be prepared Environmental Assessment 2006-573 (an Addendum to Final Environmental Impact Report (EIR) Number 41 and to a series of subsequently approved environmental review documents) for this Site Development Permit in compliance with the requirements of the California Environmental Quality Act of 1970, as Amended. Planning Commission Resolution 2007-010 Conditional Use Permit 2007-102 CNL Desert Resorts, LLP Adopted: March 13, 2007 The Community Development Department has determined that the proposed modifications to the La Quinta Resort do not require a subsequent EIR, Supplemental EIR or a Negative Declaration/Mitigated Negative Declaration, since the circumstances described in Section 15162 of the California Environmental Quality Act Guidelines do no exist, in that there will be no new or more significant impacts than those disclosed in the prior EIR Number 41 and the CEQA compliance documents approved subsequently. The modifications proposed and the circumstances under which the modifications would be carried out do not require substantial changes to the previous EIR, or the Subsequent Environmental documents, due to the involvement of new significant environmental impacts or a substantial increase in the severity of previously identified significant effects. In addition, there is no new information of substantial importance which would trigger the requirement of a subsequent EIR, supplemental EIR or Negative Declaration/Mitigated Negative Declaration in accordance with Section 15162(a)(3). Therefore, upon certification of Environmental Assessment 2006-573 the project is in compliance with CEQA requirements. 4. Surrounding Uses - The recommended Conditions of Approval and site design of the project ensure that the Water Feature will operate in a manner that will minimize the impacts to the adjacent residential uses. Furthermore, the Conditions of Approval require problems or issues to be reviewed and resolved. The property to the south consists of Spa La Quinta, tennis courts and several Tennis Villas, only one of which abuts the subject property. To the north are a number of Tennis Villas. These Villas are privately owned properties and some are rented out as part of the Resort. The project as proposed will incorporate measures to provide compatibility with the surrounding residential uses, such as sound attenuation through walls, lowering finish grades, extensive planting, parking controls, construction restrictions, etc. Conditions of Approval that ensure compatibility include, but are not limited to, the following: A. Parking studies and improvements will be required to eliminate problems that arise once the use is in operation. Planning Commission Resolution 2007-010 Conditional Use Permit 2007-102 CNL Desert Resorts, LLP Adopted: March 13, 2007 B. New Resort parking and traffic control employees will be assigned to the Water Feature area. C. A parking management plan will be developed and implemented in conjunction with the completion of the Water Feature. D. The Date Palm grove at the corner of Avenida Obregon and Avenida Fernando will be reserved for future use as a parking and/or loading area should it be determined by the City it is needed. E. Improvements to Avenida Obregon and access to it will ensure adequate parking and circulation is maintained. F. Days and hours of operation and allowable activities will be regulated to ensure that it is compatible with adjacent properties. G. Noise generated by the use and lighting used is required to comply with applicable City Requirements. This includes provisions to correct violations of City noise standards. H. Requirements for new masonry walls adjacent to the existing residential uses are provided to ensure privacy is maintained. 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 Planning Commission in this case. 2. That Environmental Assessment 2006-573 (an Addendum to Final Environmental Impact Report (EIR) number 41 and to a series of subsequently approved environmental review documents) for this Conditional Use Permit has been prepared and is in compliance with the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended, and is recommended for certification. 3. That it does hereby recommend to the City Council approval of the above - described Conditional Use Permit request for the reasons set forth in this Resolution, subject to the attached Conditions of Approval. Planning Commission Resolution 2007-010 Conditional Use Permit 2007-102 CNL Desert Resorts, LLP Adopted: March 13, 2007 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 13`h day of March, 2007, by the following vote to wit: AYES: Commissioners Alderson, Barrows, Daniels, Engle, and Chairman Quill fdC�7��i![.Ti1a ABSENT: None ABSTAIN: None Paul Quill, Chairman City of La Quinta, California ATTEST: DOU LA EVANS Community Development Director City of La Quinta, California PLANNING COMMISSION RESOLUTION 2007-010 CONDITIONS OF APPROVAL - ADOPTED CONDITIONAL USE PERMIT 2007-102 CNL DESERT RESORTS, LLP ADOPTED: MARCH 13, 2007 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Conditional Use Permit and related approvals, including but not limited to any California Environmental Quality Act (CEQA) compliance document recorded thereunder or any other action against the City. 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. The applicant shall comply with all final Conditions of Approval for Site Development 2006-865 prior to opening, during the life of the project or as specifically required. 3. 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). 4. This Conditional Use Permit (CUP) shall expire 24 months after its effective date if not used or implemented unless a legal action is filed challenging the CUP approval. In such event, the running of the 24-month period shall be tolled during the pendency of litigation challenging the CUP and any other action challenging the approval of this CUP or related Site Development Permit, and any related CEQA compliance documents. PROPERTY RIGHTS 5. The applicant shall retain for private use all private street rights -of -way in conformance with the City's General Plan, Municipal Code, applicable Specific Plans, Site Development Permit, and Conditional Use Permit Conditions of Approval, and/or as required by the City Engineer. TRAFFIC/PARKING 6. Parking Study/Studies may be required to evaluate parking conditions and requirements from on -site and off -site traffic to recommend parking management adjustments as noted below. The requirements for possible parking studies are as follows: Planning Commission Resolution No. 2007-010 Conditions of Approval - Adopted Conditional Use Permit 2007-102 CNL Desert Resorts, LLP Adopted: March 13, 2007 A. If required by the Community Development Director, the applicant shall complete up to three parking studies after the Certificate of Occupancy has been issued. B. The applicant is required (prior to issuance of the grading permit) to deposit with the City of La Quinta cash in the amount of $35,000 to be placed in a drawdown account for parking studies. After up to three studies are completed or within three years from the facility opening date the balance of the unexpended funds shall be refunded to the applicant. C. Prior to issuance of first building permit, the applicant shall enter into a Parking Study Agreement with the City of La Quinta. If parking studies are required by the City after the Certificate of Occupancy has been issued, the applicant shall fund all expenses for up to three Parking Studies/evaluations that assess parking impacts associated with this Site Development Permit. The Parking Study/Studies is/are required to evaluate parking conditions and requirements from on -site and off -site traffic and must recommend parking management adjustments, or construction of additional parking facilities, if needed. The Parking Study/Studies shall be performed by a qualified Traffic Engineering or Parking Consultant, reviewed by the Community Development and Public Works Directors and approved by the Community Development Director. The applicant is required to pay for all expenses to conduct this/these study/studies for up to three years starting within one year from the facility's opening date. The seasonal timing of subsequent parking studies will be as determined by the Community Development Director. In addition to said requirement, the applicant shall be responsible for the design and construction of any measures and/or additional parking requirements resulting from the studies or as determined by the Community Development Director with improvements to commence construction within one (1) year of notification by the Community Development and Public Works Directors. Failure to implement required parking improvements within one year of written notification is grounds for revocation of the CUP. 7. Proposed Enhanced Parking and Traffic Controls: A. No less than 60 days prior to issuance of an occupancy permit or final inspection for Certificate of Occupancy for the water feature, a comprehensive Parking Management Program shall be submitted to the Community Development Director for review and approval. Planning Commission Resolution No. 2007-010 Conditions of Approval - Adopted Conditional Use Permit 2007-102 CNL Desert Resorts, LLP Adopted: March 13„ 2007 B. To control Resort use parking along Avenida Obregon and Avenida Fernando after opening of the water feature, a Parking Management Program shall be developed which requires parking permits and can be enforced through the ticketing of violators and the towing of vehicles parked without a permit in the Signature Pool area. The program shall include issuance of permits to Resort guests, Spa clients and club members at the front desk of the Resort. The program shall include providing a Traffic Control Manager, and traffic control officers who shall be responsible for monitoring delivery vehicles, patrolling Avenida Obregon and Fernando, and ensuring Avenida Obregon on -street parking restrictions are enforced. Additionally, the program shall include a "parking/traffic" hotline where immediate attention to issues and concerns will be resolved. C. The Resort Operator has committed and is required to implement the following program: 1. Hiring a "Traffic Control Manager" who has prior law enforcement, private security and/or traffic control experience. Management aspects of vehicular access into the Resort include: a. Traffic flow, loading, shipping and other related activities and parking control on Avenida Fernando; b. Access and egress of delivery trucks into loading dock areas; C. Traffic flow and parking enforcement on Avenida Obregon; d. Oversight of a contracted Security Officer monitoring the Resort service drive; e. Monitor and control the Purchasing deliveries to ensure vendor and third party delivery compliance with posted delivery hours. There shall be no deliveries between 10pm and 7am. 2. Hiring a "Traffic Control Officer" who will conduct high visibility bike patrols on Calle Fernando and Calle Obregon in support of the Traffic Control Manager: a. Ensure property traffic flow patterns are maintained; Planning Commission Resolution No. 2007-010 Conditions of Approval - Adopted Conditional Use Permit 2007-102 CNL Desert Resorts, LLP Adopted: March 13, 2007 b. Eliminate opportunities where vehicles choose to park inappropriately; C. If observed, quick identification of vehicle owner or implementation of appropriate removal procedures; d. Ensure emergency vehicle access and egress is maintained at all times. 3. Initiate a "parking/traffic" hotline and publish and distribute the telephone number to appropriate residents and guard gate facilities. a. The "Traffic Control Officer" will maintain this cell phone and therefore be able to respond and evaluate the reported concerns if not observed during routine traffic control operations. D. During the off-season summer months (May through September), some of the off-street parking permits on -site may be made available to a limited number of club members with water feature access privileges. E. Shuttle transportation shall be made available to the water feature and spa from the main Resort parking lot, and Resort guests and club members shall be informed of its availability. F. The Resort is required to implement and enforce on a daily basis the approved Parking Management Program. Failure to implement the approved Parking Management Program on a daily basis will result in the City being able to cause the Resort to suspend the operation of all Active Water Features until such time that an updated Parking Management Program is approved by the Community Development Director. 8. If water feature parking demand exceeds available on -site parking supply on peak days in the future, cars shall not be allowed to park in adjacent neighborhoods. Additional off-street parking shall be provided at a remote location which is accessible by Resort operated shuttles and golf carts. Said remote parking locations and transportation provisions shall be approved by the Community Development and Public Works Directors. 9. No modification, sale, or transfer of the existing off -site employee parking areas shall be implemented without prior written approval of the City. Prior to any sale or Planning Commission Resolution No. 2007-010 Conditions of Approval - Adopted Conditional Use Permit 2007-102 CNL Desert Resorts, LLP Adopted: March 13, 2007 transfer of the property (APN 773-370-027) the Resort shall submit for approval by the Planning Commission at a public hearing, a revised Parking Management Program. 10. The following applies to the use of the Date Palm grove: A. The existing Date Palm Grove parcel (APN 658-160-053) on Avenida Obregon shall be held in reserve, and not developed with structures, in order to resolve any traffic or parking issues that may arise on Avenida Obregon. The Date Palm Grove parcel shall be used for that purpose, to the extent the City's Community Development Director finds that the use of the Signature Pool Facility has caused any additional traffic or parking problems on Avenida Obregon. This condition of approval shall be reviewed by the Planning Commission after three full years of Signature Pool operation (in conjunction with parking study requirements), to determine whether it may be removed as unnecessary. The applicant shall have the right to present argument and evidence to support the removal of this condition of approval at that time. B. On an annual basis after the first full year of operation, the design and effectiveness of the gated entry on Avenida Obregon at Avenida Fernando shall be evaluated by the City's Community Development and Public Works Directors. In the event that the City determines that its design and operation causes delays or backup on to Avenida Fernando, the gate area shall be modified to improve its efficiency. Modifications may include adding a drop- off/loading area located on the Date Palm grove, increasing the turning radius and/or other improvements to increase efficiency of operation. C. Failure to implement improvements within one year of written notification by the Community Development or Public Works Director shall be grounds for revocation of this CUP. 11. For the first year after opening of the water feature, monthly parking and traffic management reports shall be submitted to the Comm unity,Development Department with the following information included: A. Number and type of calls to the Resort hotline. B. Number of citations, vehicle tows and written warnings made pertaining to loading, traffic and parking. After the first year of operation, said reports shall be made available to the City within five working days of request by City. Planning Commission Resolution No. 2007-010 Conditions of Approval - Adopted Conditional Use Permit 2007-102 CNL Desert Resorts, LLP Adopted: March 13, 2007 12. The following requirements apply to drop off and loading of patrons: A. The existing Obregon turnaround at the entry will be maintained and used for loading and unloading of guests using the facility that require shuttle or automobile access. B. The drop-off area at the turnaround shall not be reduced from its existing size. Additionally, the drop-off area design shall incorporate ADA accessible guidelines as approved by the Building & Safety and Public Works Department. C. The drop-off area at the turnaound shall be designated a passenger loading zone/shuttle stop/turn around area at the water feature entry where children destined to/from the water feature can be safely dropped off and picked up by their families. D. This turnaround shall also serve as a shuttle drop and loading point. E. During periods of peak use, the private passenger loading zone shall be at the gated entry on Avenida Obregon at Avenida Fernando. 13. A raised median (10 feet wide and 50 feet long) with a turn -around area shall be constructed on Avenida Obregon, just south of Avenida Fernando, to control and facilitate vehicle circulation and access in the Signature Pool area of the Resort. 14. Private property owners and their guests adjacent to Avenida Obregon shall have unrestricted access through this entry and turnaround to their properties at no cost to them. 15. If vehicle gates are required to be provided and operated as stipulated in SDP 2006- 865, they shall be operated as follows: A. The gate will restrict vehicular access to the Signature Pool. B. The gated entry shall provide for a full turn -around outlet for non -accepted vehicles to the satisfaction of the Public Works Director. C. When and if the gate is operational, access through the entry gate shall be limited to use by: Planning Commission Resolution No. 2007-010 Conditions of Approval - Adopted Conditional Use Permit 2007-102 CNL Desert Resorts, LLP Adopted: March 13, 2007 Resort Homes property owners and their guests (at no cost to them); 2. All single-family owners and their guests who have access to Avenida Obregon (at no cost to them); 3. Resort guests; and 4. Club members having authorization to enter; and 5. Service and delivery vehicles that are operating in compliance with all Resort rules and regulations. OPERATION OF FACILITY 16. The Signature Pool facility shall not be open to the general public. 17. The La Quinta Resort shall not establish any special class of club membership in the future, that would allow time restricted (i.e. daily, weekly or monthly) access to the Signature Pool Facility. 18. Operating Periods/Times for the Wave Pool's Wave Generator Equipment shall be as follows: A. Between the Monday following Thanksgiving and the 2nd Thursday of March, the wave generator equipment shall be turned off, with three limited exceptions: Christmas, New Years and President's Day weekends. For those three weekends, the wave generator equipment for the wave pool may operate from 10am to 6pm. During the time period defined above, the zero entry pool will be open, but it will not function as a wave pool. 19. Operating Periods/Times for all "Active Water Features" (defined as slides, lazy river and wave pool generator equipment) shall be as follows: A. Other than as specified in Condition of Approval No. 18.A. above for the wave pool generator equipment, the Active Water Features shall be operated as follows: Planning Commission Resolution No. 2007-010 Conditions of Approval - Adopted Conditional Use Permit 2007-102 CNL Desert Resorts, LLP Adopted: March 13, 2007 1. Spring Break (which begins three weeks prior to Easter Sunday and ends one week after Easter Sunday): open 7 days a week, 10am - 6pm. 2. Easter Sunday, until start of Memorial Day weekend (standard weekend is Friday, Saturday, and Sunday; Open weekends 10am - 6pm. 3. Memorial Day weekend (starts Friday) through Labor Day: Open 7 days a week, 10am - 6pm. 4. Labor Day until Wednesday before Thanksgiving: Weekends, 10am - 6pm. 5. Thanksgiving Day (Thursday) through end of Thanksgiving weekend: daily, 10am - 6pm. 20. Operating hours for all outdoor uses, features, and activities not defined as an Active Water Features, shall be: 8am to 10pm, except for the formal pool, which shall operate: 7am to 10pm. The restaurant hours shall be lam to midnight daily. 21. A. Guest access to the top and outside of the rock formations shall be prohibited year round when the water slides and wave pools are closed. B. The rock formation shall not be used to host any special events or activities other than to access the water slides. Food and beverage service and consumption shall be prohibited in these rock formation areas. 22. There shall be no evening movies between the Monday following Thanksgiving and the 2nd Thursday of March of each year. When permitted, the movies shall end by 10pm. 23. The maximum number of water feature patrons shall not exceed 1,950 at any one time. The Resort shall actively monitor the ingress and egress of the Signature Pool area. 24. Outdoor meetings, dinners, receptions, etc. held within the Active Water Feature area _ shall not exceed 1,500 persons and shall end no later than 10pm (excluding clean-up and breakdown which shall be done quickly and quietly). No food or beverage may be served after 10pm. No amplified music is permitted within the Active Water Feature area from 6pm to 10pm during the period between the Monday following Planning Commission Resolution No. 2007-010 Conditions of Approval - Adopted Conditional Use Permit 2007-102 CNL Desert Resorts, LLP Adopted: March 13, 2007 Thanksgiving and the 2nd Thursday of March. Music and entertainment such as acoustic guitar, luaus, etc. may be used during periods the Active Water Feature is open for use by this approval. 25. City Code Enforcement, Sheriff Department and Resort "parking/traffic" hotline phone numbers shall be distributed to all private property owners within 200-feet of the water feature site prior to opening of the facility. 26. No fireworks shall be allowed for any function within the Signature Pool area. \U91W.-_ 27. A. If found to be in violation of City Noise Ordinance, in the reasonable opinion of the Building and Safety Director, an eight hour monitoring program shall be performed near the closest condominiums to the north and south of the Signature Pool site (as determined by the Building and Safety Director). If the monitoring program proves that violations of the City's Noise Ordinance are in fact occurring, the activity(s) causing the Noise Ordinance violation shall be closed, until a noise study and remedial noise control plan, funded by the applicant as noted below, is prepared and approved by the Community Development Director. The applicant has the right of appeal of this decision to the City Council. B. The applicant is required (prior to issuance of the building permit) to deposit with the City of La Quinta cash in the amount of $20,000 to be placed in a drawdown account for noise studies. After up to three studies are completed, or within three years from the facility opening date the balance of the unexpended funds shall be refunded to the applicant. C. Detailed plans for all amplified devises (music, speaker, p.a., etc.) shall be approved by the Community Development Director prior to issuance of building permit for the water feature. Noise levels shall not exceed those permitted in the La Quinta Municipal Code or at levels which would constitute a public nuisance per Section 11.08.040 (LQMC). No amplified music is permitted within the Active Water Feature area from 6pm to 10pm during the period between the Monday following Thanksgiving and the 2nd Thursday of March. Within the Active Water Feature area live music and entertainment such as acoustic guitar, luaus, etc. may be used during permitted hours of operation. 28. Detailed plans for all amplified devises (music, speaker, p.a., etc.) in the Adult Pool area shall be approved by the Community Development Director prior to issuance of Planning Commission Resolution No. 2007-010 Conditions of Approval - Adopted Conditional Use Permit 2007-102 CNL Desert Resorts, LLP Adopted: March 13, 2007 building permit for the water feature. Noise levels shall not exceed those permitted in the La Quinta Municipal Code or at levels which would constitute a public nuisance per Section 11.08.040 (LQMC). Live or amplified music or entertainment shall be allowed until 10pm in the Adult pool area. 'yleii•W 29. The Sign Program approved in conjunction with Site Development Permit 2006-865 shall be maintained by the Resort for the life of the CUP. Signs shall comply with the following requirements: A. A Sign Program (for on- and off -site identification, directional, convenience, safety, etc.) shall be submitted to the Community Development Director for approval a minimum of 60 days prior to issuance of the Certificate of Occupancy and/or final inspections. Should additional signs be desired by the applicant or required by parking studies, Conditions of Approval, etc., the Sign Program shall be amended and approved by the Community Development Director. B. Appropriate signage shall be provided, clearly indicating that parking adjacent to Avenida Obregon is by permit only. The Resort shall enforce this restriction. Signage shall state ticketing and vehicle towing of violators will occur. C. Directional signage shall be provided to clearly identify the pedestrian path to be used between the main Resort parking lot, Resort lobby, off -site (i.e. Centex project), and other parts of the Resort and the water feature. Shuttle routes shall be clearly marked. MISCELLANEOUS 30. Signature Pool Safety & Security Staff Coverage shall be at a minimum the following: Coverage Description Appointed Staff Hours of Coverage Traffic Control Management 1 Manager Daily (8 hour shift) Corner of Fernando and Obregon 1 Traffic Officer 7am-7pm Safety & Security Pool Supervisor 1 Supervisor hours of operation — Safety & Security Pool Staff 14 Life Guards hours of operation Planning Commission Resolution No. 2007-010 Conditions of Approval - Adopted Conditional Use Permit 2007-102 CNL Desert Resorts, LLP Adopted: March 13, 2007 (Life guards will be cross trained in the management of noise and crowd control) Security Officer at Pool Entry 1 Officer hours of operation After Hours Event Security Coverage 1 Officer hours of event 31. An Emergency Procedures Plan shall be prepared and submitted to the Building and Safety Director for review and approval. The plan shall include the following: A. A comprehensive Emergency Procedures Plan (to include traffic control & enforcement policies) will be developed by the Resort Operator for the Signature Pool that closely resembles that of the Emergency Procedures Plan currently in place for the golf venues hosted at the La Quinta Resort & Club and at PGA West. The above -noted enhancements to the Resort's current Loss Prevention Operations shall be designed to create a safe and secure environment for the Resort guests and pro -actively manage the traffic flow in and around the La Quinta Resort & Club. I lriHTING 32. Exterior lighting shall comply with Section 9.100.150 (Outdoor Lighting) of the La Quinta Municipal Code. No lighting shall be directed towards privately -owned residential uses and freestanding lighting shall be limited to bollard or shielded and screened light fixtures not exceeding ten feet above the site finish grade. Exterior lighting plan with photometric study and manufacturers cut sheets shall be approved by the Community Development Director prior to issuance of first building permit for project. No change to lighting systems shall be made without prior written approval of the Community Development Director. SITE DESIGN 33. In order to reduce nuisance impacts to adjacent residential properties, the lazy river shall have no guest access to the lazy river (emergency access is permitted) in the area between the lazy river and north property line. 34. The Resort shall be required to construct decorative patio walls (standard plan) up to six feet in height (from the Tennis Villas grade) within the landscape area between the units and the Signature Pool feature if requested by a Tennis Villa owner. The Resort shall be financially responsible for all reasonable costs associated with said wall(s). Temporary construction easements shall be provided by the Tennis Villas properties for the construction of said walls. Planning Commission Resolution No. 2007-010 Conditions of Approval - Adopted Conditional Use Permit 2007-102 CNL Desert Resorts, LLP Adopted: March 13, 2007 Following approval by the City Council and within three months of notification to the applicable Homeowners Association (HOA), the HOA shall approve a standard plan described above in this condition. The individual homeowners shall have one month after the HOA approval and notification to them by the Resort to decide if they want a patio wall. If a Tennis Villa owner declines a patio wall or the HOA fails to approve the standard wall plan, the Resort shall have the right to construct a six foot wall (measured from the Tennis Villa grade) on the property line. If a Tennis Villa owner objects to a solid wall, the Resort shall construct a wrought iron fence per the approved fencing detail. The required wall or fence shall be constructed prior to issuance of Certificate of Occupancy or Final Inspection for the active water features (whichever occurs first). 35. That a comprehensive landscaping, irrigation and fencing plan to resolve problems and improve the appearance shall be prepared for the Eisenhower Drive frontage and southern perimeter adjacent to the Bear Creek Bike Path and maintenance facility on Avenida Carranza for review and approval by the Planning Commission as a Business item. The plan shall be implemented and completed prior to issuance of the Certificate of Occupancy for the Signature Pool facility.