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CC Resolution 2011-002RESOLUTION 2011 - 002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A ONE-YEAR TIME EXTENSION OF A VILLAGE USE PERMIT FOR TWO 7,045 SQUARE FOOT OFFICE BUILDINGS WITHIN THE VILLAGE COMMERCIAL DISTRICT CASE NO.: VILLAGE USE PERMIT 2007-039, TIME EXTENSION No.1 APPLICANT: DAVID CHAPMAN INVESTMENTS WHEREAS, the City Council of the City of La Quinta, California, did on the 4`h day of January, 2011, hold a duly noticed Public Hearing to consider the request of David Chapman Investments for a one-year extension of time of a Village Use Permit to allow the construction of landscaping and architecture for two 7,045 square foot office buildings on the northeast corner of Avenue 52 and Desert Club Drive more particularly described as: LOT 2 AND 3 OF PARCEL MAP 35900 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 22nd day of April, 2008, adopt Resolution 2008-014, approving Village Use Permit 2007-039, subject to Conditions; and, WHEREAS, the City Council of the City of La Quinta, California did, on the 20th day of May, 2008, approve a motion to uphold the decision of the Planning Commission, approving Village Use Permit 2007-039, subject to Conditions; and, WHEREAS, said Village Use Permit 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 Village Use Permit 2007-039 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 23`d day of December, 2010, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, the City Council did make the following mandatory findings to justify approval of a one-year extension of time for said Village Use Permit: 1 . A one-year extension of time is warranted because the findings as noted below can still be made and apply to this request. City Council Resolution 2011-002 Village Use Permit 2007-039 David Chapman Investments Time Extension #1 for One Year Adopted: January 4, 2011 Page 2 2. No changes have been made to this Village Use Permit from its original approval and no new or changed environmental considerations exist. 3. The proposed Village Use Permit is consistent with the General Plan, in that the proposed general office uses are permitted in the General Plan for within the Village Commercial land use designation. 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 project is consistent with the goals, policies and intent of the La Quinta General Plan. 4. The proposed Village Use Permit is consistent with the requirements of the Zoning Code, in that it will provide uses consistent with those permitted in the Village Commercial district, and meets the development standards of this district. The development of the project, as conditioned, will be compatible with the surrounding area. 5. The proposed Village Use Permit complies with the requirements of the "Rules to Implement the California Environmental Quality Act of 1970," as amended (City Council Resolution 83-63), insofar as it has been determined that the project is exempt from CEQA review under Section 15332, Infill Development, and a Notice of Exemption was filed on April 25, 2008. 6. Approval of the proposed Village Use Permit will not create conditions materially neither detrimental to the public health, safety and general welfare, nor injurious to or incompatible with other properties or land uses in the vicinity, insofar as adjacent properties are in the Village Commercial, Low -Density Residential, and Medium -Density Residential districts. The project will not contribute to a decline of the existing health and safety conditions and has been designed and conditioned to provide safe and adequate paths of travel, appropriate safety and security lighting, and protect and retain on -site stormwater. The project has been reviewed by the appropriate responsible agencies for health, welfare, and safety issues, with none identified. 7. The architectural design aspects of the proposed Village Use Permit, including, but not limited to architectural style, scale, building mass, building height, materials, colors, architectural detailing, roof style and other elements are compatible with surrounding development, and quality of design illustrated in the Village at La Quinta Design Guidelines, and with the overall design quality found in the City in that it incorporates a desert modern theme with architectural features such as clay tile, decorative pavers, stone facades, and stucco painted with a desert compatible palate. City Council Resolution 2011-002 Village Use Permit 2007-039 David Chapman Investments Time Extension #1 for One Year Adopted: January 4, 2011 Page 3 8. The site design aspects of the proposed Village Use Permit, including, but not limited to project entries, parking provisions, interior circulation, vehicular access, pedestrian and bicycle access, pedestrian amenities, screening, outdoor lighting, and other elements, are compatible with surrounding development and quality of design illustrated in the Village at La Quinta Design Guidelines, and with the overall quality of design found in the City. The proposed project is suitable for the proposed site as designed in that adequate provisions have been made such as rooftop utility wells to screen mechanical equipment, pedestrian connectivity between buildings, landscaping to screen undesirable views and sufficient vehicular circulation to access and accommodate the intended uses. 9. The project landscaping for the proposed Village Use Permit including, but not limited to location, size, type and coverage of plant materials, has been designed to provide visual relief, unify and enhance visual continuity of the site with the surrounding developments, compliment the; project and existing restaurant, improve water efficiency, and be consistent with the concepts in the Village at La Quinta Design Guidelines. 10. With the conditions of approval for the shared parking and access easement agreement and recorded covenant for the shared day -night use of the facility between the office buildings and restaurant, the proposed Village Use Permit will not result in a significant impact on parking and traffic within the project site or the surrounding area. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case. 2. That it does hereby approve a one-year extension of time for Village Use Permit 2007-039 for the reasons set forth in this Resolution and subject to the attached conditions of approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on the 41h day of January 2011, by the following vote, to wit: AYES: Council Members Evans, Franklin, Henderson, Mayor Adolph NOES: None ABSENT: Council Member Sniff ABSTAIN: None City Council Resolution 2011-002 Village Use Permit 2007-039 David Chapman Investments Time Extension #1 for One Year Adopted: January 4, 2011 Page 4 ON ADO H. yor City of La Quinta, California City of to (CITY SEAL) APPROVED AS'TO FORM: v r r M. KAT ERINE JE ON, City City of La Quinta, California City Council Resolution 2011-002 Village Use Permit 2007-039 David Chapman Investments Time Extension #1 for One Year Adopted: January 4, 2011 Page 5 CONDITIONS OF APPROVAL GENERAL 1. The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Village Use Permit. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the developer of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Village Use Permit shall comply with the requirements of the La Quinta Municipal Code, Village Use Permit VUP 00-004, and Tentative Parcel Map 35900. The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 3. This Village Use Permit is valid for one year from January 4, 2011, expiring on January 5, 2012 unless an extension is applied for and granted by the City Council pursuant to Section 9.200.080 of the La Quinta Municipal Code. 4. Prior to issuance of any permit by the City, the applicant shall obtain the applicable permits and/or clearances from the following agencies: Riverside County Fire Marshal Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Water Quality Management Plan (WQMP), Improvement Permit) Planning Department Riverside Co. Environmental Health Department Desert Sands Unified School District Coachella Valley Water District (CVWD) Imperial Irrigation District (IID) California Regional Water Quality Control Board (CRWQCB) 0 SunLine Transit Agency City Council Resolution 2011-002 Village Use Permit 2007-039 David Chapman Investments Time Extension #1 for One Year Adopted: January 4, 2011 Page 6 • State Water Resources Control Board • South Coast Air Quality Management District Coachella Valley (SCAQMD) 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. 5. A California Construction General 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") and Waste Discharger Identification (WDID) number, prior to the issuance of a grading or building permit by the City. 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. 2009-0009-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 Permittee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (LQMC Section 8.70.020 (Definitions)): 11 Temporary Soil Stabilization (erosion control). City Council Resolution 2011-002 Village Use Permit 2007-039 David Chapman Investments Time Extension #1 for One Year Adopted: January 4, 2011 Page 7 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 Council. G. The inclusion in the Master Development Association's Conditions, Covenants, and Restrictions (CC&Rs), a requirement for the perpetual maintenance and operation of all post -construction BMPs as required. PROPERTY RIGHTS 6. Prior to issuance of any permits►, 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 and execute an "AUTHORIZATION TO REMOVE GRAFFITI FROM PRIVATE PROPERTY" form located at the Public Works Department Counter prior to Certificate of Occupancy. 7. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, and common areas. 8. The applicant shall offer for dedication all public street right-of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. City Council Resolution 2011-002 Village Use Permit 2007-039 David Chapman Investments Time Extension #1 for One Year Adopted: January 4, 2011 Page 8 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. Future additional right of way may be required for deceleration lane/s if necessary due to a future expansion of use, to be 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. 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. 9. 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. 10. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of this Village Use Permit and the date of final acceptance of the on -site and off -site improvements for this Village Use Permit, and as applicable under Tentative Parcel Map No. 35900, unless such easements are approved by the City Engineer. 11. The applicant shall create perimeter landscaped setbacks along all public rights - of -way as follows: a. Avenue 52 (Primary Arterial) - 20 feet from the right-of-way/property line. The setback requirement shall apply to all frontages including, but not limited to, reminder parcels, right-of-way reversions, 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. 12. The applicant shall provide for reciprocal access with all parcel owners within this Village Use Permit across all access drives and parking aisles and stalls. 13. The applicant and property owner shall submit for review and approval by the City Attorney and Planning Director, the following covenant, which the City Council Resolution 2011-002 Village Use Permit 2007-039 David Chapman Investments Time Extension #1 for One Year Adopted: January 4, 2011 Page 9 applicant shall put into a recordable instrument and record on title to the property prior to approval of final occupancy for any building in the event that Parcel Map 35900 is not recorded. These limitations shall run with the land and bind successive owners and assigns: A. Buildings A and B 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. 14. Any future modification to the operational covenants 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. 15. Uses other than general offices and medical offices are not permitted within the proposed office buildings. Any proposed tenant uses which require interpretation shall be reviewed and approved by the Planning Director. 16. The applicant shall comply with all Parking Lots and Access Driveway Improvement conditions as specified in the approval for Tentative Parcel Map No. 35900. In the event that said Tentative Parcel Map is invalidated, those conditions shall continue to be valid and applicable for this Village Use Permit. IMPROVEMENT PLANS 17. 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. 18. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of Section 13.24.040 (Improvement Plans), LQMC. 19. 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 City Council Resolution 2011-002 Village Use Permit 2007-039 David Chapman Investments Time Extension #1 for One Year Adopted: January 4, 2011 Page 10 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. WQMP (Plan submitted in Report Form) NOTE: A through E to be submitted concurrently. F. Off -Site Street Improvement/Storm Drain Plan 1 " = 40' Horizontal, 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. Precise Grading plans shall normally include perimeter walls with Top Of Wall & Top Of Footing, and finish grade (both sides of wall) elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the current 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 Public Works Department in conjunction with the Site Development Plan when it is submitted for plan checking. On -Site Precise Grading plans shall include all on -site surface improvements including but not limited to finish grades for curbs & gutters, building floor elevations, wall elevations, parking lot improvements and ADA requirements. 20. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the Online Engineering Library at the City website (www.la-guinta.org). Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. City Council Resolution 2011-002 Village Use Permit 2007-039 David Chapman Investments Time Extension #1 for One Year Adopted: January 4, 2011 Page 11 21. 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. 22. The applicant shall furnish a complete set of the mylars of all approved improvement plans on a storage media acceptable to the City Engineer. Upon completion of construction, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing," "As -Built" or "As -Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all 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 EOR. 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. GRADING 23. 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 shown on the approved Site Development Permit site plan, the applicant shall submit the proposed grading changes to the City Staff for approval by the City Engineer. 24. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements, LQMC. 25. The applicant shall comply with all grading improvement conditions as specified in the approval for Tentative Parcel Map No. 35900. In the event that said Tentative Parcel Map is invalidated, those conditions shall continue to be valid and applicable for this Village Use Permit. 26. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a precise grading permit approved by the City Engineer. 27. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: City Council Resolution 2011-002 Village Use Permit 2007-039 David Chapman Investments Time Extension #1 for One Year Adopted: January 4, 2011 Page 12 A. A precise grading plan prepared by a qualified engineer or architect, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, and C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16 (Fugitive Dust Control), LQMC. D. A Best Management Practices report prepared in accordance with Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), LQMC. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. 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 submitted with its application for a grading permit. 28. 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. 29. 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. DRAINAGE 30. The applicant shall comply with all drainage improvements conditions as specified in the approval for Tentative Parcel Map No. 35900. Additionally, the applicant shall update the hydrology report prepared for Tentative Parcel Map No. 35900 and/or this Village Use Permit per Engineering Bulletin #06-15 and Engineering Bulletin #06-16 and as approved by the City Engineer. 31. Pursuant to the aforementioned, 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. 06-15 - 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 City Council Resolution 2011-002 Village Use Permit 2007-039 David Chapman Investments Time Extension #1 for One Year Adopted: January 4, 2011 Page 13 shall be either the 1 hour, 3 hour, 6 hour or 24 hour event producing the greatest total run off. Nuisance water shall be retained on site and disposed of in a manner acceptable to the City Engineer. 32. The applicant shall comply with applicable provisions for post construction runoff per the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 at 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. R7-2008-001. A. 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 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. R7-2008-001. B. 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. A project specific WQMP shall be provided which incorporates Site Design and Treatment BMPs utilizing first flush infiltration as a preferred method of NPDES Permit Compliance for Whitewater River receiving water, as applicable. 33. The developer shall execute and record a Stormwater Management/BMP Facilities Agreement that provides for the perpetual maintenance and operation of stormwater BMPs. UTILITIES 34. The applicant shall comply with the provisions of Section 13.24.1 10 (Utilities), LQMC. 35. 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. 36. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. 37. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply City Council Resolution 2011-002 Village Use Permit 2007-039 David Chapman Investments Time Extension #1 for One Year Adopted: January 4, 2011 Page 14 with trench restoration requirements maintained, or required by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 38. The applicant shall comply with all Street and Traffic Improvement conditions as specified in the approval for Tentative Parcel Map No. 35900. 39. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS a) A deceleration/right turn only lane at Avenue 52 Primary Entries may be necessary in the event of 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, re -striping Class II Bike Lane, legends, and signs. c) Class I Golf Cart Path as needed. 40. 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 City Engineer approved equivalents of alternate materials 41. 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 City Council Resolution 2011-002 Village Use Permit 2007-039 David Chapman Investments Time Extension #1 for One Year Adopted: January 4, 2011 Page 15 test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 42. General access points and turning movements of traffic are limited to the following: A. Avenue 52 Existing drive entrance to Restaurant. Right turn in and out movements are permitted. Left in and out are not permitted. Existing easterly drive entrance (may be relocated +/- 70 feet east). Right turn in and out are permitted; however, left turns in and out are 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). 43. 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. LANDSCAPE AND IRRIGATION 44. The turf area located at the corner of Desert Club Drive and Avenue 52 shall either be replaced with desert appropriate landscaping or artificial turf, as approved by the Planning Director. 45. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks), 13.24.140 (Landscaping Plans), & Section 8.13 (Water -Efficient Landscaping), LQMC. 46. The applicant shall provide landscaping in the required setbacks and perimeter areas. 47. Landscape and irrigation plans for landscaped lots, perimeter areas and setbacks shall be signed and stamped by a licensed landscape architect. City Council Resolution 2011-002 Village Use Permit 2007-039 David Chapman Investments Time Extension #1 for One Year Adopted: January 4, 2011 Page 16 48. Final landscaping and irrigation plans shall be prepared by a licensed landscape professional, shall be reviewed by the ALRC and Public Works Director, and approved by the Planning Director prior to issuance of the first building permit. An application for Final Landscape Plan Check shall be submitted to the Planning Department for final landscape plan review. Said plans shall include all landscaping associated with this project, including perimeter landscaping, and be in compliance with Chapter 8.13 (Water Efficient Landscaping) of the Municipal Code and the Coachella Valley Water District's Landscaping and Irrigation Design Ordinance. The landscape and irrigation plans shall be approved by the Coachella Valley Water District and Riverside County Agriculture Commissioner prior to submittal of the final plans to the Planning Department. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Director. Note: Final landscaping plans are not approved for construction until approved and signed by the Planning Director. 49. Landscape areas shall have permanent irrigation improvements meeting the requirements of Section 8.13 LQMC. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 24 inches of curbs along public streets. 50. 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, 5t' 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. 51. Mechanical equipment shall be screened by a wall, landscaping with significant foliage, or combination of the two, of a sufficient height and/or density to fully screen such equipment. Final design of all screening shall be reviewed and approved by the Planning Director. 52. Should any landscaping utilized for screening purposes be deemed insufficient by the Planning Director following an initial period of growth, the applicant shall replace or provide additional landscaping with significant foliage. OUTDOOR LIGHTING 53. Exterior lighting shall comply with Section 9.100.150 (Outdoor Lighting) of the La Quinta Municipal Code. A bulb refractor or dimmer shall be utilized with the proposed lantern fixtures if deemed necessary by staff. All relocated freestanding lighting within the parking lot shall not exceed the height of existing fixtures and shall be re -fitted with a visor if deemed necessary by staff. City Council Resolution 2011-002 Village Use Permit 2007-039 David Chapman Investments Time Extension #1 for One Year Adopted: January 4, 2011 Page 17 54. All outdoor lighting fixtures shall be fitted with a visor or shield to reflect lighting away from adjacent residences. Final outdoor lighting design shall be reviewed and approved by the Planning Director. CONSTRUCTION 55. The City will conduct final inspections of buildings only when the buildings have improved street and (if required) sidewalk access to publicly -maintained streets. The improvements shall include but not limited too required traffic control devices, pavement markings and street name signs. If Onsite Street and/or parking construction in commercial development is initially constructed with partial pavement thickness, the applicant shall complete the final pavement prior to final inspections of the building/s within the development or when directed by the City, whichever comes first. 56. All rooftop air conditioning/mechanical equipment shall be completely screened from view within the rooftop well. 57. The design of the carports shall be submitted to, and approved by, the Planning Director and shall be consistent with the design elements of the restaurant and office buildings. MAINTENANCE The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 58. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 59. 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 60. The applicant shall comply with the provisions of Section 13.24.180 (Fees and Deposits), LQMC. These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. FIRE PROTECTION 61. Provide or show there exists a water system capable of delivering a fire flow 4000 gallons per minute for a two hours duration at 20 psi residual operating City Council Resolution 2011-002 Village Use Permit 2007-039 David Chapman Investments Time Extension #1 for One Year Adopted: January 4, 2011 Page 18 pressure, which must be available before any combustible material is placed on the construction site. 62. Approved accessible on -site fire hydrants shall be located not to exceed 500 feet apart in any direction and within any portion of the facility or of an exterior wall of the first story of the building is located more than 150 feet from fire apparatus access roads measured by an approved route around the complex, exterior of the facility or building, and no portion of a building further than 600 feet from a fire hydrant. Fire hydrants shall provide the required fire flow. 63. Prior to building plan approval and construction, applicant/developer shall furnish two copies of the water system fire hydrant plans to Fire Department for review and approval. Plans shall be signed by a registered civil engineer, and shall confirm hydrant type, location, spacing, and minimum fire flow. Once plans are signed and approved by the local water authority, the originals shall be presented to the Fire Department for review and approval. 64. Prior to issuance of building permits, the water system for fire protection must be provided as approved by the Fire Department and the local water authority. 65. Applicant/Developer shall mount blue dot retro-reflectors pavement markers on private streets, public streets and driveways to indicated location of the fire hydrant. It should be 8 inches from centerline to the side that the fire hydrant is on, to identify fire hydrant locations. 66. Fire Apparatus access road shall be in compliance with the Riverside County Fire Department Standard number 06-05 (located at www.rvcfire.org). Access lanes will not have an up, or downgrade of more than 15%. Access roads shall have an unobstructed vertical clearance not less than 13 feet and 6 inches. Access lanes will be designed to withstand the weight of 80 thousand pounds over 2 axles. Access will have a turning radius capable of accommodating fire apparatus. Access lane shall be constructed with a surface so as to provide all weather driving capabilities. 67. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provision for the turn around capabilities of fire apparatus. 68. Driveway loops, fire apparatus access lanes and entrance curb radius should be designed to adequately allow access of emergency fire vehicles. The applicant or developer shall include in the building plans the required fire lanes and include the appropriate lane printing and/or signs. 69. An approved Fire Department access key lock box (Minimum Knox Box 3200 series model) shall be installed next to the approved Fire Department access City Council Resolution 2011-002 Village Use Permit 2007-039 David Chapman Investments Time Extension #1 for One Year Adopted: January 4, 2011 Page 19 door to the building. If the buildings are protected with an alarm system, the lock box shall be required to have tampered monitoring. Required order forms and installation standards may be obtain at the Fire Department. 70. Display street numbers in a prominent location on the address side of building(s) and/or rear access if applicable. Numbers and letters shall be a minimum of 12" in height for building(s) up to 25' in height. In complexes with alpha designations, letter size must match numbers. All addressing must be legible, of a contrasting color, and adequately illuminated to be visible from street at all hours. 71. Install a complete commercial fire sprinkler system (per NFPA 13 1999 Edition). Fire sprinkler system(s) with pipe sizes in excess of 4" in diameter will require the project Structural Engineer to certify with a "wet signature", that the structural system is designed to support the seismic and gravity loads to support the additional weight of the sprinkler system. All fire sprinkler risers shall be protected from any physical damage. The PIV and FCD shall be located to the front, within 25 to 50 feet of hydrant, and a minimum of 25 feet from the building(s). Sprinkler riser room must have indicating exterior and/or interior door signs. A C-16 licensed contactor must submit plans, along with current $307.00 deposit based fee, to the Fire Department for review and approval prior to installation. Guideline handouts are available for the Fire Department. 72. Install an alarm monitoring system for fire sprinkler system(s) with 100 or more heads (20 or more in Group I, Division 1.1 and 1.2 occupancies). Valve monitoring, water -flow alarm and trouble signals shall be automatically transmitted to an approved central station, remote station or proprietary monitoring station in accordance with 2001 CBC, Sec. 904.3.1 . An approved audible sprinkler flow alarm shall be provided on the exterior in an approved location and also in the interior in a normally occupied location. A C-10 licensed contractor must submit plans designed in accordance with NFPA 72, 1999 Edition, along with the current $192.00 deposit based fee, to the Fire Department for review and approval prior to installation. Guideline handouts are available from the Fire Department. 73. Install a portable fire extinguisher, with a minimum rating of 2A-106C, for every 3,000 sq. ft. and/or 75 feet of travel distance. Fire extinguishers shall be mounted 3.5 to 5 ft above finished floor, measured to the top of the extinguisher. Where not readily visible, signs shall be posted above all extinguishers to indicate their locations. Extinguishers must have current CSFM service tags affixed. 74. A UL 300 hood/duct fire extinguishing system must be installed over the cooking equipment. The extinguishing system must automatically shutdown gas and /or electricity to all cooking appliances upon activation. A C-16 City Council Resolution 2011-002 Village Use Permit 2007-039 David Chapman Investments Time Extension #1 for One Year Adopted: January 4, 2011 Page 20 licensed contractor must submit plans, along with the current permit fee, to the Fire Department for review and approval prior to installation. Alarm system supervision is only required if the building has an existing fire alarm system. 75. No hazardous materials shall be stored and/or used within the building, which exceeds quantities listed in UBC Table 3-D and 3-E. No class I, II or IIIA of combustible/flammable liquid shall be used in any amount in the building. 76. Exit designs, exit signs, door hardware, exit markers, exit doors, and exit path marking shall be installed per the 2001 California Building Code. 77. Electrical room doors if applicable shall be posted "ELECTRICAL ROOM" on outside of door. 78. Access shall be provided to all mechanical equipment located on the roof as required be the Mechanical Code. 79. Air handling systems supplying air in excess of 2000 cubic feet per minute to enclosed spaces within buildings shall be equipped with an automatic shutoff. Ref CIVIC 609.0 80. Gate(s) shall be automatic or manual operated. Install Knox key operated switches, series KS-2P with dust cover, mounted per recommended standard of the Knox Company. Building plans shall include mounting location/position and operating standards for Fire Department approval. Special forms are available from this office for ordering the Key Switch. POLICE DEPARTMENT 81. The applicant shall provide a fence with locked gate to store all building materials during construction. This area shall be shown on the Fugitive Dust Control Plan. GENERAL 82. A minute order by the City Council during their May 20, 2008 call-up review of the project, adding the following condition to the Planning Commission's approval: The 29 new parking spaces located between Building "A" and the existing restaurant shall remain open and available for general customer use.