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CC Resolution 2015-053RESOLUTION NO. 2015 - 053 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A SPECIFIC PLAN AMENDMENT FOR REVISIONS TO THE OLD TOWN LA QUINTA SPECIFIC PLAN, APPROVING A VILLAGE USE PERMIT FOR THE PROPOSED VILLAS AT OLD TOWN, AND FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT CASE NUMBERS: SPECIFIC PLAN 2015-0001 (SP 2002-058, AMENDMENT 1) VILLAGE USE PERMIT 2015-0001 APPLICANT: MARVIN INVESTMENTS, INC. WHEREAS, the City Council of the City of La Quinta, California did, on the 3rd day of November, 2015, hold a duly noticed Public Hearing, to consider a request by Marvin Investments, Inc. for approval of an amendment to the Old Town La Quinta Specific Plan and development plans for the Villas at Old Town, generally located on the south side of Calle Tampico, between Avenida Bermudas and the La Quinta Civic Center, more particularly described as: APN: 770124010, 770121007, 770123012, 770124005, 770123011, 770121014, 770121008, 770123001, 770121013, 770121005, 770121010, 770121009, 770121011,770121012,770121004 WHEREAS, the Community Development Department published a public hearing notice in The Desert Sun newspaper on October 23, 2015 as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and, Specific Plan 2015-0001 (SP 2002-058, Amendment 1) WHEREAS, per SB-18 consultation requirements, the Community Development Department has forwarded information regarding the proposed amended Specific Plan to those Tribes referenced on the Tribal Consultation List provided by the Native American Heritage Commission and has followed up with all Tribes requesting information or consultation and placed their recommendations for monitoring in the Conditions of Approval; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the City Council Resolution No. 2015-053 Specific Plan 2015-0001 (SP 2002-058, Amendment 1); Village Use Permit 2015-0001 Old Town La Quinta/Villas at Old Town (Marvin Investments, Inc.) Adopted: November 3, 2015 Page 2 of 5 did make the following mandatory findings pursuant to Section 9.240.010 of the La Quinta Municipal Code tojustify approval of said Specific Plan Amendment: 1. Consistency with General Plan The proposed Specific Plan amendment is consistent with the goals and policies of the La Quinta General Plan in that it continues to diversify the land uses within Old Town to enhance the downtown atmosphere, and proposes a mixed -use development that fosters a pedestrian -friendly environment that encourages use of walking paths, bicycles, and golf carts. 2. Public Welfare Approval of the proposed Specific Plan amendment will not create conditions materially detrimental to public health, safety and general welfare. The Community Development Department has determined that this project is exempt from environmental review pursuant to Section 15332 (Class 32) of the Guidelines implementing CEQA California Environmental Quality Act in that the proposed project can be characterized as in -fill development. The project is consistent with all applicable general plan and zoning regulations, occurs on a project site less than five acres in size substantially surrounded by urban uses, has no value as habitat for endangered, rare, or threatened species, would not result in any significant effects relating to traffic, noise, air/water quality, and can be adequately served by all required utilities and public services. 3. Land Use Compatibility The proposed Specific Plan amendment incorporates a land use that is compatible with zoning on adjacent properties. The design regulations specified in the Specific Plan for mixed -use and commercial uses are compatible with the existing commercial retail located near the project area and surrounding properties, all of which are zoned Village Commercial. 4. Property Suitability The uses permitted in the Specific Plan amendment are suitable and appropriate for the subject property in that the revisions are located within and adjacent to an existing commercial center. The current specific plan area is served without adverse impact by all necessary public services and utilities. Resolution No. 2015-053 Specific Plan 2015-0001 (SP 2002-058, Amendment 1); Village Use Permit 2015-0001 Old Town La Quinta/Villas at Old Town (Marvin Investments, Inc.) Adopted: November 3, 2015 Page 3 of 5 Village Use Permit 2015-0001 WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the City Council did make the following mandatory findings pursuant to Section 9.65.040 of the Municipal Code to justify approval of said Village Use Permit: 1. Consistency with General Plan The proposed development is consistent with the General Plan land use designation of Village Commercial. The City's General Plan policies relating to Village Commercial encourage mixed -use development, and the proposed use maintains those policies. 2. Consistency with Zoning Code and Old Town La Quinta Specific Plan The proposed development, as conditioned, is consistent with the development standards of the City's Zoning Code and the Old Town La Quinta Specific Plan as amended, in terms of architectural style, building height, building mass, and landscaping. The Village Use Permit has been conditioned to ensure compliance with the zoning standards of the Village Commercial zoning district and other supplemental standards as established in Title 9 of the La Quinta Municipal Code and the Old Town La Quinta Specific Plan. 3. Compliance with CEQA Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act (CEQA). The Community Development Department has determined that this project is exempt from environmental review pursuant to Section 15332 (Class 32) of the Guidelines implementing CEQA in that the proposed project can be characterized as in -fill development. The project is consistent with all applicable general plan and zoning regulations, occurs on a project site less than five acres in size substantially surrounded by urban uses, has no value as habitat for endangered, rare, or threatened species, would not result in any significant effects relating to traffic, noise, air/water quality, and can be adequately served by all required utilities and public services. 4. Surrounding Uses The proposed development incorporates a land use that is compatible with adjacent properties. The design regulations specified for mixed -use and Resolution No. 2015-053 Specific Plan 2015-0001 (SP 2002-058, Amendment 1); Village Use Permit 2015-0001 Old Town La Quinta/Villas at Old Town (Marvin Investments, Inc.) Adopted: November 3, 2015 Page 4 of 5 commercial uses are compatible with the existing commercial retail located near the project area and surrounding properties. 5. Architectural Design The architecture and layout of the buildings are compatible with, and not detrimental to, the existing surrounding commercial land uses, and is consistent with the development standards in the Municipal Code and Old Town La Quinta Specific Plan. The buildings are concluded to be appropriate for the proposed building location, and supplemental design elements appropriately enhance the architecture of the building. 6. Site Design The site design of the project, including project entries, interior circulation, pedestrian access and amenities, screening, exterior lighting, and other site design elements are compatible with surrounding development and with the quality of design prevalent in the city. 7. Landscape Design The proposed project is consistent with the landscaping standards and plant palette and implements the standards for landscaping and aesthetics established in the General Plan and Zoning Code. Additionally, the assorted species of plants, which are taken from the approved plant list in the Old Town La Quinta Specific Plan, provide diversity and add character to the proposed building. The project landscaping for the proposed building, as conditioned, shall unify and enhance visual continuity of the proposed building with the surrounding development. Landscape improvements are designed and sized to provide visual appeal while adequately screening the aspects of the project, such as the individual garages, from public view. The permanent overall site landscaping utilizes various tree and shrub species to enhance the building architecture. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. That the above recitations are true and constitute the Findings of the City Council in this case. SECTION 2. That the above project be determined by the City Council to be exempt from CEQA pursuant to Section 15332 (Class 32) of the CEQA Guidelines. Resolution No. 2015-053 Specific Plan 2015-0001 (SP 2002-058, Amendment 1); Village Use Permit 2015-0001 Old Town Lo Quinta/Villas at Old Town (Marvin Investments, Inc.) Adopted: November 3, 2015 Page 5of5 SECTION 3. That it does hereby approve Specific Plan 2015-0001 (SP 2002-058, Amendment 1), for the reasons set forth in this Resolution. SECTION 4. That it does hereby approve Village Use Permit 2015-0001, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval (Exhibit A). PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held this 3rd day of November, 2015, by the following vote: AYES: Council Members Franklin, Osborne, Radi, Mayor Evans NOES: None ABSENT: Pena ABSTAIN: None c LINDA EVANS, Mayor City of La Quinta, California ATTEST: 44?�- kLmw4�-�: SUSAN MAYSELS, City Cler City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California CITY COUNCIL RESOLUTION NO. 2015-053 EXHIBIT A CONDITIONS OF APPROVAL - ADOPTED VILLAGE USE PERMIT 2015-0001 VILLAS AT OLD TOWN (MARVIN INVESTMENTS, INC.) ADOPTED: NOVEMBER 3, 2015 Page 1 of 19 GENERAL 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 Village Use Permit, 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. Village Use Permit 2015-001 shall comply with all applicable conditions for the following related approval(s): Environmental Assessment 2015-0001 Specific Plan 2015-0001 (Specific Plan 2002-058 Amendment 1) In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Community Development Director shall adjudicate the conflict by determining the precedence. 3. The Village Use Permit shall expire two years from City Council approval (November 3, 2017) and shall become null and void in accordance with La Quinta Municipal Code Section 9.200.080, unless a building permit has been issued. A time extension may be requested per LQMC Section 9.200.080. 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: • Riverside County Fire Marshal • La Quinta Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Water Quality Management Plan (WQMP) Exemption Form - Whitewater River Region, Improvement Permit) • La Quinta Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District (DSUSD) • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Regional Water Quality Control Board (CRWQCB) • State Water Resources Control Board CITY COUNCIL RESOLUTION NO. 2015-053 EXHIBIT A CONDITIONS OF APPROVAL - ADOPTED VILLAGE USE PERMIT 2015-0001 VILLAS AT OLD TOWN (MARVIN INVESTMENTS, INC.) ADOPTED: NOVEMBER 3, 2015 Page 2 of 19 SunLine Transit Agency (SunLine) 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 these requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. 5. Coverage under the State of 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 to the City prior to the issuance of a grading or building permit. 6. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; the California Regional Water Quality Control Board - Colorado River Basin Region Board Order No. R7-2013-0011 and the State Water Resources Control Board's Order No. 2009-0009-DWQ and Order No. 2012-0006- 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 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. C. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. CITY COUNCIL RESOLUTION NO. 2015-053 CONDITIONS OF APPROVAL - ADOPTED VILLAGE USE PERMIT 2015-0001 VILLAS AT OLD TOWN (MARVIN INVESTMENTS, INC.) ADOPTED: NOVEMBER 3, 2015 Page 3 of 19 EXHIBIT A 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. D. 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. E. 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. F. The inclusion in the Homeowners' Association (HOA) Conditions, Covenants, and Restrictions (CC&Rs), a requirement for the perpetual maintenance and operation of all post -construction BMPs as required and the applicant shall execute and record an agreement that provides for the perpetual maintenance and operation of all post -construction BMPs as required. 7. Permits issued under this approval shall be subject to the provisions of the Development Impact Fee and Transportation Uniform Mitigation Fee programs in effect at the time of issuance of building permit(s). 8. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual attorney's fees incurred by the City Attorney to review, negotiate and/or modify any Storm Water Management/BMP Facilities Agreement, and Subdivision Improvement Agreements required by these conditions, if Developer requests that the City modify or revise any Storm Water Management/BMP Facilities Agreement, and Subdivision Improvement Agreements prepared initially by the City to effect these conditions. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. 9. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual consultant's fees incurred by the City for engineering and/or surveying consultants to review and/or modify any subdivision maps, rough grading plans, precise grading plans, street improvement plans, signing and striping plans, storm drain plans, PM-10 dust control plans, hydrology studies, and WQMP's required by this project. This obligation shall be paid in the time noted CITY COUNCIL RESOLUTION NO. 2015-053 EXHIBIT A CONDITIONS OF APPROVAL - ADOPTED VILLAGE USE PERMIT 2015-0001 VILLAS AT OLD TOWN (MARVIN INVESTMENTS, INC.) ADOPTED: NOVEMBER 3, 2015 Page 4 of 19 above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. PROPERTY RIGHTS 10. 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. 11. 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. 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: outside curb line, lane line alignment including lane widths, left turn lanes, deceleration lane(s) and parking cut outs. 13. When the City Engineer determines that access rights to the proposed street rights -of -way shown on the approved Village Use Permit are necessary prior to approval of the improvements dedicating such rights -of -way, the applicant shall grant the necessary rights -of -way within 60 days of a written request by the City. 14. 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. Direct vehicular access is restricted, except for those access points identified on the Village Use Permit, or as otherwise conditioned in these conditions of approval. 17. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, CITY COUNCIL RESOLUTION NO. 2015-053 EXHIBIT A CONDITIONS OF APPROVAL - ADOPTED VILLAGE USE PERMIT 2015-0001 VILLAS AT OLD TOWN (MARVIN INVESTMENTS, INC.) ADOPTED: NOVEMBER 3, 2015 Page 5 of 19 retaining wall construction, permanent slopes, or other encroachments will occur. 18. 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. STREET AND TRAFFIC IMPROVEMENTS 19. 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. 20. Public Streets shall have vertical curbs or other approved curb configurations that will convey water without ponding, and provide lateral containment of dust and residue during street sweeping operations. If a wedge or rolled curb design is approved, the lip at the flowline shall be near vertical with a 1/8" batter and a minimum height of 0.1'. The existing rolled curb on Main Street, adjacent to the project shall be retained. Unused curb cuts on any lot shall be restored to standard curb height prior to final inspection of permanent buildings) on the lot. 21. All gated entries shall provide for a three -car minimum stacking capacity for inbound traffic to be a minimum length of 62 feet from call box to the street or as approved by the City Engineer. Private entry drives, main interior circulation routes, standard knuckles, corner cutbacks, bus turnouts, dedicated turn lanes and other features shown on the approved construction plans, shall generally conform to the Village Use Permit Preliminary Drainage and Grading Plan Sheet C-5. 22. 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. PARKING LOTS and ACCESS POINTS 23. 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 shall conform to LQMC Chapter 9.150. CITY COUNCIL RESOLUTION NO. 2015-053 EXHIBIT A CONDITIONS OF APPROVAL - ADOPTED VILLAGE USE PERMIT 2015-0001 VILLAS AT OLD TOWN (MARVIN INVESTMENTS, INC.) ADOPTED: NOVEMBER 3, 2015 Page 6 of 19 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 evaluate ADA path of travel. D. Accessibility routes to public streets and adjacent development shall be shown on the Precise Grading Plan. E. Parking stall lengths shall be according to LQMC Chapter 9.150 and be a minimum of 18 feet with a 2-foot overhang or as approved by the City Engineer. One van accessible handicapped parking stall is required per 6 handicapped parking stalls. F. Drive aisles between parking stalls shall be a minimum of 24 feet with access drive aisles to Public Streets a minimum of 24 feet as shown on the Preliminary Precise Grading Plan or as approved by the City Engineer. On - street parking shall be prohibited except in designated parking stall areas. The applicant shall make provisions for perpetual enforcement of the "No Parking" restrictions. 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. 24. 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. or the approved equivalents of alternate materials. 25. 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. CITY COUNCIL RESOLUTION NO. 2015-053 EXHIBIT A CONDITIONS OF APPROVAL - ADOPTED VILLAGE USE PERMIT 2015-0001 VILLAS AT OLD TOWN (MARVIN INVESTMENTS, INC.) ADOPTED: NOVEMBER 3, 2015 Page 7 of 19 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 engineers registered in California. 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. 27. 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). 28. 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. B. C. D. E. On -Site Rough Grading Plan PM10 Plan WQMP On -Site Precise Grading Plan 1" = 40' Horizontal 1" = 40' Horizontal (Plan submitted in Report Form) 1" = 30' Horizontal On -Site Street Improvements/Signing & Striping/Storm Drain Plan 1" = 40' Horizontal, 1"= 4' Vertical NOTE: A through E to be submitted concurrently. (Separate Storm Drain Plans if applicable) 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. CITY COUNCIL RESOLUTION NO. 2015-053 EXHIBIT A CONDITIONS OF APPROVAL - ADOPTED VILLAGE USE PERMIT 2015-0001 VILLAS AT OLD TOWN (MARVIN INVESTMENTS, INC.) ADOPTED: NOVEMBER 3, 2015 Page 8of19 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. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 2013 California Building Code accessibility requirements associated with each door. The assessment will allow the Public Works Department to verify that the path of travel shown on the precise grading plans matches up with the proposed building entry and exit point, and 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 Village Use 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, Community Development Director and the City Engineer. "Site Development" plans shall normally 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. 29. 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. 30. The applicant shall furnish a complete set of all approved improvement plans on a storage media acceptable to the City Engineer (currently mylars). 31. 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 CITY COUNCIL RESOLUTION NO. 2015-053 EXHIBIT A CONDITIONS OF APPROVAL - ADOPTED VILLAGE USE PERMIT 2015-0001 VILLAS AT OLD TOWN (MARVIN INVESTMENTS, INC.) ADOPTED: NOVEMBER 3, 2015 Page 9of19 sheet shall be clearly marked "Record Drawing" 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 "Record Drawing". However, if subsequent approved revisions have been approved by the City Engineer and reflect said "Record Drawing" 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 32. Prior to constructing any off -site improvements, the applicant shall deposit securities equivalent to both a Performance and Labor & Material Bonds each valued at 100% of the cost of the off -site improvements, or as approved by the City Engineer. 33. 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. 34. 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, 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, 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. 35. Depending on the timing of the development of this Village Use Permit, and the status of the off -site improvements at the time, the applicant may be required to: CITY COUNCIL RESOLUTION NO. 2015-053 EXHIBIT A CONDITIONS OF APPROVAL - ADOPTED VILLAGE USE PERMIT 2015-0001 VILLAS AT OLD TOWN (MARVIN INVESTMENTS, INC.) ADOPTED: NOVEMBER 3, 2015 Page 10 of 19 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 tract 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 or by the issuance of the 20 % Building Permit. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 36. 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 as approved by the City Engineer. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. Security for water and sewer improvements will not be required provided the applicant can demonstrate that such securities have been collected by the Coachella Valley Water District. GRADING 37. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 38. 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. 39. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: CITY COUNCIL RESOLUTION NO. 2015-053 EXHIBIT A CONDITIONS OF APPROVAL - ADOPTED VILLAGE USE PERMIT 2015-0001 VILLAS AT OLD TOWN (MARVIN INVESTMENTS, INC.) ADOPTED: NOVEMBER 3, 2015 Page 11 of 19 A. A grading plan prepared by a civil engineer registered in the State of California, B. A preliminary geotechnical ("soils") report prepared by an engineer registered in the State of California, 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. WQMP prepared by an appropriate professional registered in the State of California. All grading shall conform with the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by soils engineer, or engineering geologist registered in the State of California. 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. Additionally, the applicant shall replenish said security if expended by the City of La Quinta to comply with the Plan as required by the City Engineer. 40. 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. 41. Grading within the perimeter setback and parkway areas shall conform to the approved Village Use Permit plans. 42. Building pad elevations on the rough 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, or as approved by the City Engineer. 43. Building pad elevations of perimeter lots shall not differ by more that one foot CITY COUNCIL RESOLUTION NO. 2015-053 EXHIBIT A CONDITIONS OF APPROVAL - ADOPTED VILLAGE USE PERMIT 2015-0001 VILLAS AT OLD TOWN (MARVIN INVESTMENTS, INC.) ADOPTED: NOVEMBER 3, 2015 Page 12 of 19 higher from the building pads in adjacent developments. 44. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. 45. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus half of a foot (0.5') from the elevations shown on the approved Village Use Permit, the applicant shall submit the proposed grading changes to the City Engineer for approval through a substantial conformance review. 46. 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 and applicable compaction tests and over excavation documentation prepared by a qualified soils engineer. 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. DRAINAGE 47. Stormwater handling shall conform with the approved final hydrology and drainage report for the Old Town Villas, or as approved by the City Engineer. Nuisance water shall be disposed of in an approved manner. 48. 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, stormwater falling on site during the 10 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. 49. 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 Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. 50. In design of retention facilities, the maximum percolation rate shall be two inches CITY COUNCIL RESOLUTION NO. 2015-053 EXHIBIT A CONDITIONS OF APPROVAL - ADOPTED VILLAGE USE PERMIT 2015-0001 VILLAS AT OLD TOWN (MARVIN INVESTMENTS, INC.) ADOPTED: NOVEMBER 3, 2015 Page 13 of 19 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. 51. No fence or wall shall be constructed around any retention basin unless approved by the Community Development Director and the City Engineer. 52. 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. 53. Stormwater may not be retained in landscaped parkways. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. 54. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 55. 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. 56. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 57. 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. R7-2008-001 and the State Water Resources Control Board's Order No. 2009- 0009-DWQ and Order No. 2010-0014-DWQ or the most current order that is in effect. 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 or the current order that is in effect. CITY COUNCIL RESOLUTION NO. 2015-053 EXHIBIT A CONDITIONS OF APPROVAL - ADOPTED VILLAGE USE PERMIT 2015-0001 VILLAS AT OLD TOWN (MARVIN INVESTMENTS, INC.) ADOPTED: NOVEMBER 3, 2015 Page 14 of 19 B. The applicant shall implement the WQMP Design Standards per (CRWQCB- CRB) Region Board Order No. R7-2008-001 or the current order that is in effect 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. C. The developer shall execute and record a Stormwater Management/BMP Facilities Agreement that provides for the perpetual maintenance and operation of stormwater BMPs. 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. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. The 92 KV transmission power poles and all existing utility lines attached tojoint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 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. If on -site streets in CITY COUNCIL RESOLUTION NO. 2015-053 EXHIBIT A CONDITIONS OF APPROVAL - ADOPTED VILLAGE USE PERMIT 2015-0001 VILLAS AT OLD TOWN (MARVIN INVESTMENTS, INC.) ADOPTED: NOVEMBER 3, 2015 Page 15 of 19 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. LANDSCAPE AND IRRIGATION 63. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). 64. Landscape and irrigation plans shall be signed and stamped by a licensed landscape architect. 65. All new landscape areas shall have landscaping and permanent irrigation improvements in compliance with the City's Water Efficient Landscape regulations contained in LQMC Section 8.13 (Water Efficient Landscape). 66. The applicant shall submit the final landscape plans for review, processing and approval to the Community Development Department, in accordance with the Final Landscape Plan application process as a final landscape plan. Community Development Director approval of the final landscape plans is required prior to issuance of the first building permit unless the Community Development Director determines extenuating circumstances exist which justify an alternative processing schedule. NOTE: Plans are not approved for construction until signed by the appropriate City official, including the Community Development Director and/or City Engineer. Prior to final approval of the installation of landscaping, the Landscape Architect of record shall provide the Community Development Department a letter stating he/she has personally inspected the installation and that it conforms with the final landscaping plans as approved by the City. If staff determines during final landscaping inspection that adjustments are required in order to meet the intent of the Planning Commission's approval, the Community Development Director shall review and approve any such revisions to the landscape plan. PUBLIC SERVICES 67. The applicant shall provide public transit improvements if required by SunLine Transit Agency and approved by the City Engineer. CITY COUNCIL RESOLUTION NO. 2015-053 EXHIBIT A CONDITIONS OF APPROVAL - ADOPTED VILLAGE USE PERMIT 2015-0001 VILLAS AT OLD TOWN (MARVIN INVESTMENTS, INC.) ADOPTED: NOVEMBER 3, 2015 Page 16 of 19 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 perimeter landscaping up to the curb, including outdoor furniture, access drives, sidewalks, and stormwater BMPs. 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. FIRE DEPARTMENT 71. The submitted Fire Access Study (Exhibit 1.1 of VUP 2015-0001) is approved by the Fire Department. There will be no further conditions regarding fire department access. The following conditions are still required as they were not addressed as part of the Fire Access Study. 72. 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 60 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. 73. Where required, fire apparatus access roads shall have approved signs or other approved notices or markings that include the words NO PARKING -FIRE LANE. The means by which fire lanes are designated shall be maintained in a clean and legible conditions at all times and be replaced or repaired when necessary to provide adequate visibility. 74. Where the vertical distance between the grade and the highest roof surface exceeds 30 feet, approved aerial Fire Department apparatus access road shall be provided. Overhead utility and power lines shall not be located over the aerial Fire Department access road or between the aerial Fire Dept. access road and the building CITY COUNCIL RESOLUTION NO. 2015-053 EXHIBIT A CONDITIONS OF APPROVAL - ADOPTED VILLAGE USE PERMIT 2015-0001 VILLAS AT OLD TOWN (MARVIN INVESTMENTS, INC.) ADOPTED: NOVEMBER 3, 2015 Page 17 of 19 75. The required fire flow shall be available from 4 Super hydrant(s) (6" x 4" x 21/2" x 21/2") spaced not more than 400 apart and shall be capable of delivering a fire flow 2000 GPM per minute for two hours duration at 20 psi residual operating pressure, which must be available before any combustible material is placed on the construction site. 76. 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. 77. Blue dot retro-reflector pavement markers shall be located on private streets, public streets and driveways to indicate location of the fire hydrant per standard number 06-05 (located at www.rvcfire.org) 78. An approved Fire Department access key lock box (Minimum Knox Box 3200 series model) shall be installed next to the approved Fire Department access 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 obtained at the Fire Department. 79. 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. 80. Gate(s) shall be automatic or manual operated. Install Knox key operated switches, 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. 81. Nothing in our review shall be construed as encompassing structural integrity. Review of this plan does not authorize or approve any omission or deviation from all applicable regulations. Final approval is subject to plan review and field inspection. MISCELLANEOUS 82. The site shall be monitored during on- and off -site trenching and rough grading by Native American monitors. Proof of retention of monitors shall be given to the City prior to issuance of the first earth -moving or clearing permit. If buried cultural materials are discovered during any earth -moving operations associated with the project, all work in that area shall be halted or diverted until a qualified archaeologist can evaluate the nature and significance of the finds. CITY COUNCIL RESOLUTION NO. 2015-053 EXHIBIT A CONDITIONS OF APPROVAL - ADOPTED VILLAGE USE PERMIT 2015-0001 VILLAS AT OLD TOWN (MARVIN INVESTMENTS, INC.) ADOPTED: NOVEMBER 3, 2015 Page 18 of 19 83. Collected archaeological artifacts shall be properly prepared for long term curation, meeting the Secretary of Interior Standards and Guidelines for curation, and shall be properly curated at a curation facility meeting Secretary of Interior Standards and Guidelines for curation prior to issuance of first Certificate of Occupancy for the property. Materials shall be accompanied by descriptive catalogue, field notes and records, primary research data, and the original graphics. 84. The County Coroner shall be contacted if human remains are identified during earthmoving activities. If the remains are determined to be of Native American origin, the Native American Heritage Commission (NAHC) shall be contacted. The NAHC will make a determination of the Most Likely Descendent (MLD). The City and the landowner will work with the designated MLD to determine the final disposition of the remains. 85. A final report shall be submitted to the Community Development Department prior to the issuance of the first Certificate of Occupancy for Phase Two of the project. The report shall include an appended itemized inventory of specimens and pertinent discussions of the significance of all recovered resources where appropriate. The report and inventory, when submitted to the City, will signify completion of archaeological resource monitoring. 86. In order to satisfy the 45 dBA CNEL interior noise standards, the Project shall provide the following or equivalent noise attenuation measures: • Windows: All windows and sliding glass doors shall be well fitted, well weather-stripped assemblies and shall have a minimum sound transmission class (STC) rating of 27. • Doors: All exterior doors shall be well weather-stripped solid core assemblies at least one and three -fourths -inch thick. • Roof: Roof sheathing of wood construction shall be well fitted or caulked plywood of at least one-half inch thick. Ceilings shall be well fitted, well sealed gypsum board of at least one-half inch thick. Insulation with at least a rating of R-19 shall be used in the attic space. • Ventilation: Arrangements for any habitable room shall be such that any exterior door or window can be kept closed when the room is in use. A forced air circulation system (e.g. air conditioning) shall be provided which satisfies the requirements of the Uniform Mechanical Code. 87. A public restroom shall be provided within the commercial area of Building A or CITY COUNCIL RESOLUTION NO. 2015-053 EXHIBIT A CONDITIONS OF APPROVAL - ADOPTED VILLAGE USE PERMIT 2015-0001 VILLAS AT OLD TOWN (MARVIN INVESTMENTS, INC.) ADOPTED: NOVEMBER 3, 2015 Page 19 of 19 Building B. Confirmation of the location of the restroom shall be provided prior to issuance of a building permit. 88. No signage is permitted with this approval. A separate permit from the Community Development Department is required for any temporary or permanent signs. The existing Sign Program for Old Town La Quinta shall be applied to the Villas at Old Town. 89. The Environmental Graphic on the east -facing elevation of Building B requires a sign permit. Size, materials, and duration will be reviewed by the Community Development as part of the sign permit review. The Graphic shall be utilized for the advertisement of special events (i.e. La Quinta Arts Festival, Arts Under the Umbrellas), and shall not be used for product advertising. 90. The uses proposed within the ground -floor commercial space shall be consistent with the uses permitted in the Old Town La Quinta Specific Plan. The City reserves the right to review and monitor the operation of the commercial uses and modify Conditions of Approval regarding hours of operation, occupancy, and other operational conditions should it be determined that any uses or conditions are detrimental to the public health, welfare, or materially injurious to property, or constitute a public nuisance. 91. The City's ordinance that allows for a temporary 50% reduction in required parking for new projects (City Council Ordinance 2015-007) shall be applicable to this Village Use Permit. Design and allocation of parking shall be determined prior to the issuance of a building permit.