PCRES 2008-030PLANNING COMMISSION RESOLUTION 2008-030
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF LA QUINTA, CALIFORNIA, APPROVING
THE SUBDIVISION OF 4.82: ACRES INTO FOUR
COMMERCIAL CONDOMINIUM PARCELS
CASE NO.: TENTATIVE PARCEL MAP 35559
APPLICANT: LA QUINTA SHOPPES, LLC.
WHEREAS, The Planning Commission of the City of La Quinta,
California, did on the 28' day of October, 2008, hold a duly noticed Public Hearing
to consider the request of La Quinta Shoppes LLC., for the subdivision of 4.82±
acres into four commercial parcels, located in a Community Commercial zoning
district along the east side of Washington Street approximately 500 feet north of
Avenue 48, more particularly described as:
PARCEL 2 AND A PORTION OF PARCEL 3 OF PARCEL MAP 27892
WHEREAS, said Tentative Parcel Map has complied with the
requirements of the "Rules to Implement the California Environm—en—t—a— Qualiuy--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 17th day of October, 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 make the following
mandatory findings to justify approval of Tentative Parcel Map 35559:
Finding A — The proposed map is consistent with the City of La Quinta General
Plan and any applicable specific plans.
The proposed condominium parcel map is consistent with the goals and policies of
the General Plan and is consistent with the designated Community Commercial land
uses, in that the map will contain commercial condominiums for retail, office uses,
and general business. The proposed map is not located within the area of any
approved specific plan.
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Planning Commission Resolution 2008-030
Tentative Parcel Map 35559
La Quints Shoppes, LLC.
October 28, 2008
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. 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 design of the subdivision will not result in the loss of existing wildlife habitat,
nor will it have an effect on the conditions of the existing surrounding
neighborhood because the project is located within an existing urban in -fill parcel of
less than five acres that has been previously graded and partially improved.
Furthermore, 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 an urban in -fill development.
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, "Improvements," of the Subdivision
Ordinance. Legal access is provided from Washington Street, Caleo Bay Drive, and
adjacent properties. Utility, parking, and reciprocal access easements for all parcels
have been provided for, or have been conditioned as a part of the approval of the
parcel map.
Finding E — The site is suitable for the development of the project.
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
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La Quinta Shoppes, LLC.
October 28, 2008
in the surrounding area. The site was previously approved and graded for
commercial uses and is therefore suitable for the development of the project.
Finding F - 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, including Police and Fire Departments, with none
identified.
Finding G — The design of the subdivision provides adequate parking, circulation,
and access.
As conditioned, the project has been designed to provide adequate access and
circulation, identifying four driveway entry locations with reciprocal access,
accessible paths of travel, and accommodates access for public transit,
pedestrians, and bicycles. All three parcels have shared parking and access to each
other and a public right-of-way.
Based upon these conditions, the Planning Commission finds that the subdivision
complies with all City requirements and will not result in any significant impacts on
the surrounding area.
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
35559 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 28' day of October, 2008, by the
following vote, to wit:
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Planning Commission Resolution 2008-030
Tentative Parcel Map 35559
La Quinta Shoppes, LLC.
October 28, 2008
AYES: ALDERSON, BARROWS, QUILL, WEBER, WILKENSON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ED ALDERSON, Chairman
City of La Quinta, California
ATTEST:
Planning Director
City of La Quinta, California
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PLANNING COMMISSION RESOLUTION 2008-030
CONDITIONS OF APPROVAL - ADOPTED
TENTATIVE PARCEL MAP 35559
SHOPPES AT LA QUINTA
OCTOBER 28, 2008
GFNFRAI
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.
e City shall promptly notify the applicant of any claim, action or proceeding
I 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").
e City of La Quinta's Municipal Code can be accessed on the City's Web Site
www.la-quinta.org.
3. This Tentative Parcel Map shall expire on October 28, 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) and the Subdivision Map Act.
4. Tentative Parcel Map 35559 shall comply with all applicable conditions of
I
pproval for Site Development Permit 2008-903.
5. 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
Planning Commission Resolution 2008-030
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• Desert Sands Unified School District
• Coachella Valley Water District (CVWD)
• 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.
6. 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; the California Regional Water Quality
Control Board — Colorado River Basin Region Board Order No. R7-2008-0001
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
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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") (LQMC Section 8.70.020
(Definitions)):
1) Temporary Soil Stabilization (erosion control).
2) Temporary Sediment Control.
3) Wind Erosion Control.
4) Tracking Control.
5) Non -Storm Water Management.
6) Waste Management and Materials Pollution Control.
E. All erosion and sediment control BMPs proposed by the applicant shall be
approved by the City Engineer prior to any onsite or offsite grading,
pursuant to this project.
F. The approved SWPPP and BMPs shall remain in effect for the entire
duration of project construction until all improvements are completed and
accepted by the City.
Additionally, the applicant shall comply with applicable provisions for post
construction runoff per the City's NPDES stormwater discharge permit, LQMC
Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls),
and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457;
and the California Regional Water Quality Control Board — Colorado River Basin
(CRWQCB-CRB) Region Board Order No. 137-2008-001.
G. For post -construction urban runoff from New Development and
Redevelopments Projects, the applicant shall implement requirements of
the NPDES permit for the design, construction and perpetual operation
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and maintenance of BMPs per the approved Water Quality Management
Plan (WQMP) for the project as required by the California Regional Water
Quality Control Board — Colorado River Basin (CRWQCB-CRB) Region
Board Order No. 137-2008-001.
H. The applicant shall implement the WQMP Design Standards per
(CRWQCB-CRB) Region Board Order No. R7-2008-001 utilizing BMPs
approved by the City Engineer.
7. 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).
8. 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
9. Prior to issuance of any permit(s), the applicant shall acquire or confer
easements and other property rights necessary for the construction or proper
functioning of the proposed development Conferred rights shall include
irrevocable offers to dedicate or grant access easements to the City for
emergency services and for maintenance, construction and reconstruction of
essential improvements. Said conferred rights shall also include grant of access
easement to the City of La Quinta for the purpose of graffiti removal by City
staff or assigned agent in perpetuity and agreement to the method to remove
graffiti and to paint over to best match existing. The applicant shall establish the
aforementioned requirements in the CC&R's for the development or other
agreements as approved by the City Engineer. Pursuant to the aforementioned,
the applicant shall submit an "AUTHORIZATION TO REMOVE GRAFFITI FROM
PRIVATE PROPERTY" form located at the Public Works Department Counter
prior to Certificate of Occupancy.
10. 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.
11. The public street right-of-way offers for dedication required for this development
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include:
A. PUBLIC STREETS
1) Washington Street (Augmented Major Arterial, 132' ROW) - The
standard 66 feet from the centerline of Washington for a total
132-foot ultimate developed right of way except an additional
variable right of way dedication on Washington at the project
entrance measured 78 feet east of the centerline of Washington
Street and length to be determined by current approved or
preliminary traffic study prepared for the applicant by a licensed
traffic engineer per Engineering Bulletin # 06-13. At a minimum,
the required right of way shall be for a length of 200 feet plus a
variable dedication of an additional 100 feet to accommodate
improvements conditioned under STREET AND TRAFFIC
IMPROVEMENTS. Additional right of way is also required at the
existing bus turnout on Washington to extend the bus lane north
of it.
2) Caleo Bay - (Local Street, 60' ROW) - No additional right of way
is required.
12. 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 lane(s) 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
13. 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
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grant the necessary rights -of -way within 60 days of a written request by the
City.
14. The applicant shall create perimeter landscaping setbacks along all public rights -
of -way as follows:
A. Washington Street (Augmented Major Arterial) - 20-foot from the R/W-
P/L
B. Caleo Bay Drive (Local Street) - 10-foot from the R/W
The listed setback depth shall be the average depth where a meandering wall
design is approved.
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.
15. 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.
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.
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 shall offer reciprocal access agreements for the developments
located north and south of this project.
19. 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.
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STREET AND TRAFFIC IMPROVEMENTS
20. 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.
21. The applicant shall construct the following street improvements to conform with
the General Plan (street type noted in parentheses.)
A. OFF -SITE STREETS
1) Washington Street (Major Arterial; 132' R/W option):
Widen the east side of the street as required adjacent to the Tentative
Map boundary to its ultimate width on the east side as specified in the
requirements of these conditions. The east curb face shall be located 48
feet (48') east of the centerline to accommodate ultimate width and
located 60 feet (60') east of the centerline to accommodate a
deceleration/right turn only lane on Washington Street. Specific
improvements shall include:
a) Bus turnout — Extend the north side of the bus turnout to
accommodate a deceleration lane to the entrance on
Washington. The pavement extension shall consist of a
concrete structural section.
b) Modify a section of the existing median (both sides of
centerline) on Washington to provide a Left Turn Restrictor
per current city guidelines.
c) Class III Bike Lane (Maximize the width of outside lane).
Other required improvements in the Washington Street right-of-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.
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e) 8-foot wide Meandering Sidewalk.
f) Reconstruct the landscaped median and parkway for required
improvements as approved by the City Engineer and Planning
Director. Reconstruction may require the relocation and/or
removal of existing plants or trees that are located in the
median or parkway as required for sight distance concerns
and retention basin revisions. Applicant shall collaborate with
the Maintenance Association to obtain the necessary
approvals for parkway access and reconstruction as required.
2) Caleo Bay Drive (Collector; 60' R/W):
a) All appurtenant components such as, but not limited to: curb,
gutter, traffic control striping, legends, and signs.
b) Six foot (6') wide sidewalk per La Quinta Standard 240.
22. The applicant shall design street pavement sections using the 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:
Major Arterial 5.5" a.c./6.5" c.a.b.
or the approved equivalents of alternate materials.
23. 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.
24. General access points and turning movements of traffic are limited to the
following:
A. Primary Entry (Washington Street): Right and Left turn in, Right turn out
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only.
B. Secondary Entry (Caleo Bay): Full turn movements are permitted.
25. 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.
26. 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.
FINAL MAPS
27. Prior to the City's approval of a Final Map, the applicant shall furnish accurate
mylars of the Final Map that were approved by the City's map checker on a
storage media acceptable to the City Engineer. The Final Map shall be 1 " = 40'
scale.
IMPROVEMENT PLANS
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.
28. 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).
29. 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. Commercial Precise Grading Plan/Drainage/Signing Striping
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1 " = 20' Horizontal
B. PM10 Plan 1" = 40' Horizontal
C. SWPPP 1" = 40' Horizontal
D. Washington. Street Off -Site Street Improvement/Storm Drain Plan
1 " = 40' Horizontal, 1 " = 4' Vertical
E. Cafeo Bay Off -Site Street Improvement/Storm Drain Plan
1 " = 40' Horizontal, 1 " = 4' Vertical
F.
Washington Street Off -Site Signing & Striping Plan
1"
= 40'
Horizontal
G.
Caleo Bay Off -Site Signing & Striping Plan
1 "
= 40'
Horizontal
NOTE: A through G to be submitted concurrently.
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.
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 Public Works Department.
"Precise 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 noting the 2007
California Building Code accessibility requirements associated with each door.
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The assessment must comply with submittal requirements of the Building &
Safety Department. A copy of the reviewed assessment shall be submitted to
Public Works 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, Planning
Director, and the City Engineer.
"Site Development" 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.
"Street Parking" plan shall include appropriate signage to implement the "No
Parking" concept, or alternatively an on -street parking policy shall be included in
the CC & R's subject to City Engineer's Approval. The parking plan or CC & R's
shall be submitted concurrently with the Street Improvement Plans.
30. 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.
31. The applicant shall furnish a complete set of the mylars of all approved
improvement plans on a storage media acceptable to the City Engineer.
32. 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.
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
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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
33. 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.
34. 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).
35. 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.
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36. 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 Off -Site Improvements in the first phase of
construction and prior to issuance of a Temporary/Permanent Certificate of
Occupancy for any building.
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.
37. 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.
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.
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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.
38. Should the applicant fail to construct the improvements for the development, or
fail to satisfy its obligations for the development in a timely manner, the City
shall have the right to halt issuance of building permits, and/or final building
inspections, withhold other approvals related to the development of the project,
or call upon the surety to complete the improvements.
GRADING
39. The applicant shall comply with the provisions of LQMC Section 13.24.050
(Grading Improvements).
40. 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.
41. 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).
E. An approved contract for archaeological monitoring services to be
conducted by a qualified professional.
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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October 28, 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.
42. 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.
43. 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.
44. Building pad elevations on the precise grading plan submitted for City Engineer's
approval shall conform with pad elevations shown on the tentative map, unless
the pad elevations have other requirements imposed elsewhere in these
Conditions of Approval.
45. 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.
46. Prior to any site grading or regrading that will raise or lower any portion of the
site by more than plus or minus five tenths of a foot (0.5') from the elevations
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shown on the Conceptual Grading Plan dated 9/14/2008, the applicant shall
submit the proposed grading changes to the City Staff for a substantial
conformance finding review.
47. 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.
48. This development shall comply with LQMC Chapter 8.11 (Flood Hazard
Regulations). If any portion of any proposed building lot in the development is
or may be located within a flood hazard area as identified on the City's Flood
Insurance Rate Maps, the development shall be graded to ensure that all floors
and exterior fill (at the foundation) are above the level of the project (100-year)
flood and building pads are compacted to 95% Proctor Density as required in
Title 44 of the Code of Federal Regulations, Section 65.5(a) (6). Prior to
issuance of building permits for lots which are so located, the applicant shall
furnish elevation certifications, as required by FEMA, that the above conditions
have been met.
DRAINAGE
49. Stormwater handling shall conform to the preliminary hydrology and drainage
report for "The Shoppes of La Quinta" (Public Work Plan Check No. 08141).
Nuisance water shall be disposed of in an approved manner. Applicant shall
modify the adjacent Lake La Quinta stormwater system by the addition of new
storm drain inlets and reconstruction of the storm drain pipe entering the Lake
La Quinta project. Applicant shall modify the Washington Street inlet system,
parkway retention basin and provide supplemental underground retention
facilities for Washington Street tributary water. Applicant shall install a
permeable paver system with a deep gravel storage bed to maintain the HGL of
the Lake La Quinta stormwater system.
50. The applicant shall comply with the provisions of LQMC Section 13.24.120
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(Drainage), Retention Basin Design Criteria, Engineering Bulletin No. 06-16 -
Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain
Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin
Design Requirements. More specifically, stormwater falling on site during the
100 year storm shall be retained within the development, unless otherwise
approved by the City Engineer. The design storm shall be either the 1 hour, 3
hour, 6 hour or 24 hour event producing the greatest total run off.
51. 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.
52. 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.
53. No fence or wall shall be constructed around any retention basin unless
approved by the Planning Director and the City Engineer.
54. 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.
55. The design of the development shall not cause any increase in flood boundaries
and levels in any area outside the development.
56. 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.
57. 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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October 28, 2008
UTILITIES
58. The applicant shall comply with the provisions of LQMC Section 13.24.110
(Utilities).
59. 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.
60. Utility transformer boxes unable to be fully screened from view shall be painted
a color consistent with the approved color palate and/or adjacent landscaping.
61. 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.
CONSTRUCTION
62. 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.
WATER -EFFICIENT LANDSCAPING AND IRRIGATION
63. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping
Setbacks) & 13.24.140 (Landscaping Plans).
64. The applicant shall provide landscaping in the required setbacks, retention
basins, common lots and park areas.
65. Landscape and irrigation plans for landscaped lots and setbacks, medians,
retention basins, and parks shall be signed and stamped by a licensed landscape
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October 28, 2008
architect.
66. The applicant or his agent has the responsibility for proper sight distance
requirements per guidelines in the AASHTO "A Policy on Geometric Design of
Highways and Streets, 5" Edition" or latest, in the design and/or installation of
all landscaping and appurtenances abutting and within the private and public
street right-of-way.
67. Tree wells within the parking lot shall have a minimum planting area of six feet
in diameter/width.
ARCHAEOLOGICAL MONITORING
68. The site shall be monitored during on- and off -site trenching and rough grading
by qualified archaeological monitors, one of which shall be a Native American
tribal member. The monitor shall be empowered to stop and redirect earth
moving activities as necessary to identify and study any identified resource. A
signed contract for archaeological monitoring shall be submitted to both
Planning and Public Works Departments prior to issuance of any. grading
permits. The final report of monitoring activities shall be submitted to the
Planning Department prior to the issuance of a Certificate of Occupancy for the
first house on the project site.
69. Collected archaeological resources shall be properly packaged for long term
curation, in polyethylene self -seal bags, vials, or film cans as appropriate, all
within acid -free, standard size, comprehensively labeled archive boxes and
delivered to the City prior to issuance of Certificate of Occupancy for the
property.
Materials shall be accompanied by descriptive catalogue, field notes and
records, primary research data, and the original graphics.
PUBLIC SERVICES
70. The applicant shall provide public transit improvements as required by SunLine
Transit Agency and approved by the City Engineer.
MAINTENANCE
71. The applicant shall comply with the provisions of LQMC Section 13.24.160
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October 28, 2008
(Maintenance).
72. 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
73. 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.
74. 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).
75. The applicant shall pay the Coachella Valley Multi -Species Habitat Conservation
Plan/Natural Community Habitat Conservation Plan Mitigation Fee, in accord
with Chapter 3.34 of the Municipal Code.
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