PCRES 2008-013PLANNING COMMISSION RESOLUTION 2008-013
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF LA QUINTA, CALIFORNIA, APPROVING
THE SUBDIVISION OF ±4.97 ACRES INTO THREE
COMMERCIAL PARCELS
CASE NO.: TENTATIVE PARCEL MAP 35900
APPLICANT: DAVID CHAPMAN INVESTMENTS LLC
WHEREAS, The Planning Commission of the City of La Quinta,
California, did on the 22nd day of April, 2008, hold a duly noticed Public Hearing to
consider the request of David Chapman Investments LLC., for the subdivision of
±4.97 acres into three commercial parcels, located in the Village Commercial
District at the northeast corner of Desert Club Drive and Avenue 52 more
particularly described as:
LOT 90 OF TR. 28470-1 AND LOTS 2, 3, AND 4,
BLOCK 2, OF DESERT CLUB DRIVE TRACT UNIT NO.1,
SOUTH HALF OF SECTION 6, T6S R7E, S.B.M
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 the Planning 'Department has
determined that the proposed Tentative Parcel Map is exempt from CEQA review
under Guidelines Section 15332 (Infill Development); and,
WHEREAS, the Planning Department published the public hearing
notice in the Desert Sun newspaper on the 11 th day of April, 2008, 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, the Project materials, staff report,
staff presentation, the applicant's presentation, and the testimony and materials
submitted by interested persons during the public hearing, did establish the
following facts which support a recommendation for approval of Tentative Parcel
Map 35900:
Finding A — The proposed map is consistent with the City of La Quinta General
Plan and Zoning Code.
The property is designated Village Commercial which allows a variety of uses
including office commercial and general business. The Land Use Element of the
General Plan encourages commercial developments throughout the City. This
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Planning Commission Resolution 2008-013
Tentative Parcel Map 35900
David Chapman Investments
April 22, 2008
project is consistent with the goals, policies and intent of the La Quinta General
Plan. All plans for buildings will be consistent with the provisions of the Zoning
Code in effect at the time building permits are acquired. The development of the
project, as conditioned, will be compatible with the surrounding area.
Finding B - The design or improvement of the proposed subdivision is consistent
with the City of La Quinta General Plan and any applicable specific plans.
Infrastructure improvements to serve this project are located in the immediate area
and will be extended based on the recommended Conditions of Approval. The
private driveways will provide access to all proposed buildings on the site in
compliance with City requirements, as prepared. Accommodations for on -site
stormwater retention shall be provided both above and below ground. The
proposed map is not located within the area of any approved specific plan.
Finding C - The design of the subdivision or the proposed improvements are not
likely to cause substantial environmental damage nor substantially injure fish or
wildlife or their habitat.
The La Quinta Planning Department has determined that this subdivision is exempt
from an Environmental Assessment pursuant to the criteria as listed in Section
15315 of the Guidelines to the California Environmental Quality Act, as the project
is located within an existing urban in -fill parcel of less than five acres.
Finding D - The design of the subdivision or type of improvements will not conflict
with easements, acquired by the public at large, for access through or use of
property within the proposed subdivision.
Public easements will be retained and required in order to construct any buildings
on the proposed lots, ensuring adequate facilities for future development in
compliance with Section 13.24.100 of the Subdivision Ordinance. As conditioned,
the design of the proposed subdivision and future improvements will not conflict
with easements acquired by the public at large, for access through, or use of,
property within the proposed parcel map since legal access is provided from Desert
Club Drive and Avenue 52. Utility and access easements have been provided for, or
are required in the subdivision design.
Finding E - The design of the subdivision is consistent with the Village Design
Guidelines.
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Tentative Parcel Map 35900
David Chapman Investments
April 22, 2008
As conditioned, the design of the subdivision is in accord with the development
standards of the Village Commercial District. The project has provided adequate
pedestrian and vehicular access and the layout of the site has been designed so as
to provide a safe, organized, and accessible path of travel.
Finding F — The site is suitable for the development of the project.
As conditioned, the proposed design of the subdivision is physically compatible
with the site with regard to level topography for the type of land use designation
and development of the subject property, and in consideration of existing
commercial and residential development in the surrounding area. All three parcels
have shared parking and access to each other and a public right-of-way.
Finding G - The design of the subdivision or type of improvements are not likely to
cause serious public health problems.
As conditioned, the proposed subdivision will not result in any increased hazard or
create conditions materially detrimental to public health, safety, or welfare, as the
design has been reviewed by the appropriate responsible agencies for health,
welfare, and safety issues, with none identified.
Finding H — The project has adequate parking and shared access with the parking
management plan.
The applicant has identified a reciprocal access and parking easement agreement
which commits in perpetuity that Parcels 1, 2, and 3 have reciprocal access and
parking easements and a restrictive covenant recorded on the title of each property
to ensure that City Parking requirements are complied with during the life of the
projects. Based upon these conditions, the Planning Commission finds that the
project complies with all required City parking requirements.
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;
1. That the Planning Commission does hereby approve Tentative Parcel Map
35900 for the reasons set forth in this Resolution, subject to the attached
Conditions of Approval.
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Planning Commission Resolution 2008-013
Tentative Parcel Map 35900
David Chapman Investments
April 22, 2008
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta Planning Commission, held on this 22nd day of April, 2008, by the following
vote, to wit:
AYES: Commissioners Quill, Wilkinson, Barrows, and Chairman Alderson
NOES: None
ABSENT: None
ABSTAIN: None
ED ALDERSON, Chairman
City of La Quinta, California
ref
CES UGHNSON
/Planning Director
City of La Quinta, California
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PLANNING COMMISSION RESOLUTION 2008-013
CONDITIONS OF APPROVAL - FINAL
TENTATIVE PARCEL MAP 35900
DAVID CHAPMAN INVESTMENTS
APRIL 22, 2008
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 Village Use Permits 00-004 and 07-039, the requirements and standards
of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"),
and Chapterl3 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. This Tentative Parcel Map shall expire on April 23, 2010, two years after
Planning Commission approval, unless recorded or granted a time extension
pursuant to the requirements of La Quinta Municipal Code 9.200.080 (Permit
expiration and time extensions).
4. 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, if required:
Fire Marshal
• Public Works Department (Grading Permit, Green Sheet (Public Works
Clearance) for Building Permits, Improvement Permit)
Planning Department
• Riverside Co. Environmental Health Department
• Desert Sands Unified School District
Coachella Valley Water District (CVWD)
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Planning Commission Resolution 2008-013
Conditions of Approval - Final
Tentative Parcel Map 35900
David Chapman Investments
April 22, 2008
• Imperial Irrigation District (IID)
• California Water Quality Control Board (CWQCB)
• SunLine Transit Agency
• South Coast Air Quality Management District Coachella Valley
The applicant is responsible for all requirements of the permits and/or
clearances from the above listed agencies. When the requirements include
approval of improvement plans, the applicant shall furnish proof of such
approvals when submitting those improvements plans for City approval.
A project -specific NPDES construction permit must be obtained by the
applicant; who then shall submit a copy of the Regional Water Quality
Control Board's ("RWQCB") acknowledgment of the applicant's Notice of
Intent ("NOI"), prior to the issuance of a grading or site construction permit
by the City.
5. The applicant shall comply with applicable provisions of the City's NPDES
stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater
Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water);
Riverside County Ordinance No. 457; and the State Water Resources Control
Board's Order No. 99-08-DWQ.
A. For construction activities including clearing, grading or excavation of
land that disturbs one (1) acre or more of land, or that disturbs less than
one (1) acre of land, but which is a part of a construction project that
encompasses more than one (1) acre of land, the Permitee shall be
required to submit a Storm Water Pollution Protection Plan ("SWPPP").
The applicant or design professional can obtain the California Stormwater
Quality Association SWPPP template at www.cabmphandbooks.com for
use in their SWPPP preparation.
B. The applicant's SWPPP shall be approved by the City Engineer prior to
any on or off -site grading being done in relation to this project.
C. The applicant shall ensure that the required SWPPP is available for.
inspection at the project site at all times through and including
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David Chapman Investments
April 22, 2008
acceptance of all improvements by the City.
D. The applicant's SWPPP shall include provisions for all of the following
Best Management Practices ("BMPs") (LQMC Section 8.70.020
(Definitions)):
1) Temporary Soil Stabilization (erosion control).
2) Temporary Sediment Control.
3) Wind Erosion Control.
4) Tracking Control.
5) Non -Storm Water Management.
6) Waste Management and Materials Pollution Control.
E. All erosion and sediment control BMPs proposed by the applicant shall be
approved by the City Engineer prior to any onsite or offsite grading,
pursuant to this project.
F. The approved SWPPP and BMPs shall remain in effect for the entire
duration of project construction until all improvements are completed and
accepted by the City.
6. 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).
7. Approval of this Tentative Parcel Map shall not be construed as approval for any
horizontal dimensions implied by any site plans or exhibits unless specifically
identified in the following conditions of approval.
PROPERTY RIGHTS
8. Prior to issuance of any permit(s), the applicant shall acquire or confer
easements and other property rights necessary for the construction or proper
functioning of the proposed development. Conferred rights shall include
irrevocable offers to dedicate or grant access easements to the City for
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David Chapman Investments
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emergency services and for maintenance, construction and reconstruction of
essential improvements. Said conferred rights shall also include grant of access
easement to the City of La Quinta for the purpose of graffiti removal by City
staff or assigned agent in perpetuity and agreement to the method to remove
graffiti and to paint over to best match existing. The applicant shall establish the
aforementioned requirements in the CC&R's for the development or other
agreements as approved by the City Engineer.
9. The applicant shall offer for dedication on the Final Map all public street rights -
of -way in conformance with the City's General Plan, Municipal Code, applicable
specific plans, and/or as required by the City Engineer.
10. The public street right-of-way offers for dedication required for this development
include:
A. PUBLIC STREETS
1) Avenue 52 (Primary Arterial, 1 10' ROW) - No additional right of
way is required from standard 55 feet from the centerline of
Avenue 52 for a total 1 10-foot ultimate developed right of way.
Additional right of way may be required for deceleration lane/s in
the future should there be an expansion of use, determined by a
traffic study prepared for the applicant by a licensed traffic
engineer as per Engineering Bulletin # 06-13.
2) Desert Club Drive (Local Street, 60' ROW) - No additional right of
way is required from standard 30 feet from the centerline of
Desert Club Drive for a total 60-foot ultimate developed right of
way.
11. Dedications shall include additional widths as necessary for dedicated right
(deceleration), 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 lane(s) and bus stop turnout(s). The
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Planning Commission Resolution 2008-013
Conditions of Approval - Final
Tentative Parcel Map 35900
David Chapman Investments
April 22, 2008
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
12. When the City Engineer determines that access rights to the proposed street
rights -of -way shown on the approved Tentative Parcel Map are necessary prior
to approval of the Final Map dedicating such rights -of -way, the applicant shall
grant the necessary rights -of -way within 60 days of a written request by the
City.
13. The applicant shall create perimeter landscaping setbacks along all public rights -
of -way as follows:
A. Avenue 52 (Primary Arterial Type A) - 20-foot from the R/W-P/L.
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 Map.
14. 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.
15. Direct vehicular access to Avenue 52 and Desert Club Drive from lots on this
Parcel Map is restricted, except for those access points identified on the
tentative parcel map, or as otherwise conditioned in these conditions of
approval. The vehicular access restriction shall be shown on the recorded final
Parcel map.
16. 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.
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Planning Commission Resolution 2008-013
Conditions of Approval - Final
Tentative Parcel Map 35900
David Chapman Investments
April 22, 2008
PARKING AND ACCESS EASEMENTS
17. The applicant shall provide for reciprocal access with all parcel owners within
this parcel map across all access drives and parking aisles and stalls.
18. The applicant and property owner shall submit for review and approval by the
City Attorney and Planning Director, the following covenants, which the
applicant shall put into a recordable instrument and record on title to the
property prior to approval of the final tentative map. These limitations shall be
designated on the approved Final Parcel Map 35900 and shall run with the land
and bind successive owners and assigns:
A. Parcels 2 and 3 are limited to general professional and medical office
uses that are open during normal daytime business hours. No primary
uses that are open during nighttime hours on a routine and regular basis
shall be permitted.
B. Parcel 1 is limited to weekends, weekday evenings, or on special
occasions with prior written consent of the City.
19. Any future modification to the operational covenants or shared parking and
access easements shall require the applicant to submit a parking and traffic
study identifying and demonstrating that sufficient parking and access is
available for such increased use. The Planning Director shall approve the
modifications prior to recording and have the discretion to defer approval to the
Planning Commission.
20. The applicant shall cause no easement to be granted, or recorded, over any
portion of the subject property between the date of approval of the Tentative
Parcel Map and the date of recording of any Final Map, unless such easement is
approved by the City Engineer.
FINAL MAPS
21. Prior to the City's approval of a Final Map, the applicant shall furnish accurate
mylars of the Final Map that were approved by the City's map checker and
acceptable to the City Engineer. The Final Map shall be 1 " = 40' scale.
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Planning Commission Resolution 2008-013
Conditions of Approval - Final
Tentative Parcel Map 35900
David Chapman Investments
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IMPROVEMENT PLANS
22. 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.
23. 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 LQMC Section 13.24.040 (Improvement Plans).
24. The following improvement plans shall be prepared and submitted for review
and approval by the Public Works Department. A separate set of plans for each
line item specified below shall be prepared. The plans shall utilize the minimum
scale specified, unless otherwise authorized by the City Engineer in writing.
Plans may be prepared at a larger scale if additional detail or plan clarity is
desired. Note, the applicant may be required to prepare other improvement
plans not listed here pursuant to improvements required by other agencies and
utility purveyors.
A. On -Site Precise Grading/Storm Drain Plan 1" = 30' Horizontal
(at the discretion of the City Engineer, a Scale of 1 " = 20' shall be
provided)
B. On -Site Sewer and Water Plan 1 " = 30' Horizontal
C. PM10 Plan 1" = 40' Horizontal
D. SWPPP 1 " = 40' Horizontal
E. Off -Site Signing & Striping Plan 1 " = 40' Horizontal
NOTE: A through E to be submitted concurrently.
F. Off -Site Street Improvement/Storm Drain Plan 1 " = 40' Horizontal
and 1 " = 4' Vertical
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.
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Planning Commission Resolution 2008-013
Conditions of Approval - Final
Tentative Parcel Map 35900
David Chapman Investments
April 22, 2008
All Off -Site Plan & Profile Street Plans and Signing & Striping Plans shall
show all existing improvements for a distance of at least 200-feet beyond
the project limits, or a distance sufficient to show any required design
transitions.
All On -Site Signing & Striping Plans shall show, at a minimum; Stop Signs,
Limit Lines and Legends, No Parking Signs, Raised Pavement Markers
(including Blue RPMs at fire hydrants) and Street Name Signs per Public
Works Standard Plans and/or as approved by the Engineering Department.
The applicant shall prepare an accessibility assessment on a marked up print
of the building floor plan identifying every building egress and notes the
2007 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 Precise
Grading Plan when it is submitted for plan checking.
In addition to the normal set of improvement plans, a "On Site Precise
Grading" plan is required to be submitted for approval by the Building
Official, Planning Director 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.
25. The City maintains standard plans, detail sheets and/or construction notes for
elements of construction which can be accessed via the "Plans, Notes and
Design Guidance" section of the Public Works Department at the City website
(www.la-quinta.org). Please navigate to the Public Works Department home
page and look for the Standard Drawings hyperlink.
26. The applicant shall furnish a complete set of the mylars of all improvement plans
acceptable to the City Engineer.
27. Upon completion of construction, and prior to final acceptance of the
improvements by the City, the applicant shall furnish the City with reproducible
record drawings of all improvement plans which were approved by the City.
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Planning Commission Resolution 2008-013
Conditions of Approval - Final
Tentative Parcel Map 35900
David Chapman Investments
April 22, 2008
Each sheet shall be clearly marked "Record Drawing," "As -Built" or "As -
Constructed" and shall be stamped and signed by the engineer or surveyor
certifying to the accuracy and completeness of the drawings. The applicant
shall have all approved mylars previously submitted to the City, revised to
reflect the as -built conditions. The applicant shall employ or retain the Engineer
Of Record during the construction phase of the project so that the FOR can
make site visits in support of preparing As Built drawings. However, if
subsequent approved revisions have been approved by the City Engineer and
reflect said "As -Built" conditions, the Engineer Of Record may submit a letter
attesting to said fact to the City Engineer in lieu of mylar submittal.
IMPROVEMENT SECURITY AGREEMENTS
28. Prior to approval of any Final Map, the applicant shall construct all on and off -
site improvements and satisfy its obligations for same, or shall furnish a fully
secured and executed Subdivision Improvement Agreement ("SIA") guaranteeing
the construction of such improvements and the satisfaction of its obligations for
same, or shall agree to any combination thereof, as may be required by the City.
29. 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 Parcel Map, shall
comply with the provisions of LQMC Chapter 13.28 (Improvement Security).
30. 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
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Tentative Parcel Map 35900
David Chapman Investments
April 22, 2008
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.
31. 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.
D. Secure the costs for future improvements that are to be made by others.
E. To agree to any combination of these actions, as the City may require.
Off -Site Improvements should be completed on a first priority basis. The
applicant shall complete all Off -Site Improvements prior to the City providing
the Certificate of Occupancy for any building completion.
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.
32. 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
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Planning Commission Resolution 2008-013
Conditions of Approval - Final
Tentative Parcel Map 35900
David Chapman Investments
April 22, 2008
ordinance.
For items not listed in the City's unit cost schedule, the proposed unit costs
shall be approved by the City Engineer.
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.
PRECISE GRADING
33. The applicant shall comply with the provisions of LQMC Section 13.24.050
(Grading Improvements).
34. 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.
35. 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 LQMC Chapter
6.16, (Fugitive Dust Control), and
D. A Best Management Practices report prepared in accordance with LQMC
Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit
and Storm Management and Discharge Controls).
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.
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Planning Commission Resolution 2008-013
Conditions of Approval - Final
Tentative Parcel Map 35900
David Chapman Investments
April 22, 2008
A statement shall appear on the Final Map that a soils report has been
prepared in accordance with the California Health & Safety Code § 17953.
The applicant shall furnish security, in a form acceptable to the City, and in
an amount sufficient to guarantee compliance with the approved Fugitive
Dust Control Plan provisions as submitted with its application for a grading
permit.
36. 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.
37. 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 0 8") behind the curb.
38. Building pad elevations on the precise grading plan submitted for City Engineer's
approval shall conform to pad elevations shown on the tentative map, unless
the pad elevations have other requirements imposed elsewhere in these
Conditions of Approval.
39. 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.
40. Prior to any site grading or regrading that will raise or lower any portion of the
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Planning Commission Resolution 2008-013
Conditions of Approval - Final
Tentative Parcel Map 35900
David Chapman Investments
April 22, 2008
site by more than plus or minus five tenths of a foot (0.5') 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.
41. 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 with applicable compaction tests and over excavation documentation.
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.
r)RAINAGF
42. Stormwater handling shall conform to the approved hydrology and drainage
report for Tract No. 28470-1 Lot 90. Nuisance water shall be retained on site
disposed of in an approved manner.
Nuisance water shall be retained onsite and disposed of via an underground
percolation improvement approved by the City Engineer.
43. The applicant shall comply with the provisions of LQMC Section 13.24.120
(Drainage), Retention Basin Design Criteria, Engineering Bulletin No. 06-16 -
Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain
Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin
Design Requirements. More specifically, storm water falling on site during the
100 year storm shall be retained within the development, unless otherwise
approved by the City Engineer. The design storm shall be the 1 hour, 3 hour, 6
hour or 24 hour event producing the greatest total run off. It should be noted
that the current preliminary hydrology report did not comply with the
Engineering Bulletin No. 06-16 stated above. The retention basin is currently
under redesign.
44, Nuisance water shall be retained on site. Nuisance water shall be disposed of
per approved methods contained in Engineering Bulletin No. 06-16 - Hydrology
Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and
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Planning Commission Resolution 2008-013
Conditions of Approval - Final
Tentative Parcel Map 35900
David Chapman Investments
April 22, 2008
Engineering Bulletin No. 06-015 - Underground Retention Basin Design
Requirements.
45. In design of retention facilities, the maximum percolation rate shall be two
inches per hour. The percolation rate will be considered to be zero unless the
applicant provides site specific data indicating otherwise and as approved by the
City Engineer.
46. The project shall be designed to accommodate purging and blowoff water
(through underground piping and/or retention facilities) from any on -site or
adjacent well sites granted or dedicated to the local water utility authority as a
requirement for development of this property.
47. No fence or wall shall be constructed around any retention basin unless
approved by the Planning Director and the City Engineer.
48. For on -site above ground common retention basins, retention depth shall be
according to Engineering Bulletin No. 06-16 — Hydrology Report with
Preliminary Hydraulic Report Criteria for Storm Drain Systems. Side slopes shall
not exceed 3:1 and shall be planted with maintenance free ground cover.
Additionally, retention basin widths shall be not less than 20 feet at the bottom
of the basin.
49. Storm water 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 LQMC Section 9.100.O40(B)(7).
50. The design of the development shall not cause any increase in flood boundaries,
levels or frequencies in any area outside the development.
51. 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.
52. Storm drainage historically received from adjoining property shall be received
and retained or passed through into the historic downstream drainage relief
route.
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Planning Commission Resolution 2008-013
Conditions of Approval - Final
Tentative Parcel Map 35900
David Chapman Investments
April 22, 2008
UTILITIES
53. The applicant shall comply with the provisions of LQMC Section 13.24.110
(Utilities).
54. 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.
55. 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. Additionally, grease traps and the maintenance
thereof shall be located as to not conflict with access aisles/entrances.
STREET AND TRAFFIC IMPROVEMENTS
56. The applicant shall comply with the provisions of LQMC Sections 13.24.060
(Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100
(Access for Individual Properties and Development) for public streets; and
Section 13.24.080 (Street Design - Private Streets), where private streets are
proposed.
57. The applicant shall construct the following street improvements to conform with
the General Plan (street type noted in parentheses.)
A. OFF -SITE STREETS
1) Avenue 52 (Primary Arterial; 1 10' R/W):
No additional widening is necessary of the existing 43 feet from the
centerline of Avenue 52 to the face of curb. The 8" curb face shall be
located forty three feet (43') north of the centerline.
a) A deceleration/right turn only lane at Avenue 52 Primary
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Planning Commission Resolution 2008-013
Conditions of Approval - Final
Tentative Parcel Map 35900
David Chapman Investments
April 22, 2008
Entries may be required for any future expansion of use if
determined by a traffic study, prepared for the applicant by
a licensed traffic engineer per Engineering Bulletin # 06-13.
The traffic study shall include all buildings (preexisting
restaurant and proposed office buildings) as shown on the
Tentative Parcel Map 35900.
Other improvements in the Avenue 52 right-of-way and/or adjacent
landscape setback area may include:
b) All appurtenant components such as, but not limited to:
strip traffic control striping, restriping Class II Bike Lane,
legends, and signs.
c) Class I Golf Cart Path as needed.
58. 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:
Local Streets 3.0" a.c./4.5" c.a.b.
Primary Arterial 4.5" a.c./6.0" c.a.b.
or the approved equivalents of alternate materials approved by the City
Engineer.
59. 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.
60. General access points and turning movements of traffic are limited to the
following:
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Planning Commission Resolution 2008-013
Conditions of Approval - Final
Tentative Parcel Map 35900
David Chapman Investments
April 22, 2008
A. Avenue 52
1) Existing drive entrance to Restaurant. Right turn in and out
movements are permitted. Left in and out are not permitted.
2) Existing easterly drive entrance (may be relocated +/- 70 feet
east). Right turn in and out is permitted; however, left turn in and
out is prohibited.
B. Desert Club Drive
1) Primary Entry: Full turn movements are permitted.
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).
61. Improvements shall be designed and constructed in accordance with City
adopted standards, supplemental drawings and specifications, or as approved by
the City Engineer. Improvement plans for streets, access gates and parking
areas shall be stamped and signed by qualified engineers.
PARKING LOTS and ACCESS POINTS
62. The design of parking facilities shall conform to LQMC Chapter 9.150 and in
particular the following:
A. The parking stall and aisle widths and the double hairpin stripe parking
stall design.
B. Cross slopes should be a maximum of 2% where ADA accessibility is
required including accessibility routes between buildings.
C. Building access points shall be shown on the Precise Grading Plans to
better evaluate ADA accessibility issues.
D. Accessibility routes to public streets and adjacent development shall be
shown on the Precise Grading Plan.
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Planning Commission Resolution 2008-013
Conditions of Approval - Final
Tentative Parcel Map 35900
David Chapman Investments
April 22, 2008
E. Parking stall lengths shall be according to LQMC Chapter 9.150 and be a
minimum of 17 feet in length with a 2-foot overhang for standard parking
stalls and 18 feet with a 2-foot overhang for handicapped parking stall or
as approved by the City Engineer. One van accessible handicapped
parking stall is required per 8 handicapped parking stalls.
F. Drive aisles between parking stalls shall be a minimum of 26 feet with
access drive aisles to Public Streets a minimum of 30 feet as shown on
the Site Development Plan site plan or as approved by the City Engineer.
Entry drives, main interior circulation routes, corner cutbacks, bus turnouts,
dedicated turn lanes, ADA accessibility route to public streets and other
features shown on the approved construction plans, may require additional
street widths and other improvements as may be determined by the City
Engineer.
63. 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 Lot & Aisles (Low Traffic) 3.0" a.c./4.5" c.a.b.
Parking Lot & Aisles (High Traffic) 4.5" a.c./5.5" c.a.b.
Loading Areas 6" P.C.C./4" c.a.b.
or the approved equivalents of alternate materials.
64. 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.
65. Improvements shall include appurtenances such as traffic control signs,
markings and other devices, raised medians if required, street name signs and
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Planning Commission Resolution 2008-013
Conditions of Approval - Final
Tentative Parcel Map 35900
David Chapman Investments
April 22, 2008
sidewalks.
66. 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
67. 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.
MAINTENANCE
68. The applicant shall comply with the provisions of LQMC Section 13.24.160
(Maintenance).
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 LQMC Section 13.24.180
(Fees and Deposits). 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).
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