2014 VPAH, LLC - Compliance CertificateCOMPLIANCE CERTIFICATE
(VPAH, LLC DEVELOPMENT AGREEMENT)
The undersigned, VPAH, LLC, a California limited liability company
("Developer"), pursuant to Section 4.1 of that certain Development Agreement
dated February 8, 2012, (the "Development Agreement"), by and among Developer
and the City of La Quinta, a California municipal corporation and charter city (the
"City") by its signature below hereby certifies to the City, for the City's reliance
that:
1. Capitalized terms not defined herein shall have the same meaning as
set forth in the Development Agreement;
2. The undersigned is familiar with the certifications and representations
set forth in this Compliance Certificate;
3. Developer has performed and complied with its obligations under the
Development Agreement to be performed or complied with by it on or prior to the
date hereof. Developer has also performed all Conditions of Approval to be
performed or complied with by it on or prior to the date hereof. Not by way of
limitation of the foregoing, the Developer warrant and represents that: (1) the
Restriction required by Section 3.2 of the Development Agreement has been
approved by the City and recorded against the Site; (2) all payments required
pursuant to Section 3.3.2 of the Development Agreement have been paid; and (3)
all Conditions of Approval to be performed or complied with as of the date hereof
have been satisfied in the manner set forth in Schedule 1, which schedule identifies
all applicable Condition of Approval and a description of how the condition has
been satisfied.
IN WITNESS WHEREOF, this Compliance Certificate is executed effective the
2"d day of June, 2014, under penalty of perjury under the laws of California.
VPAH, LLC, a California limited liability company
By:
Its:
By:
Its:
2465/015610-0125
2303172.6 a12/28/11
COMPLIANCE CERTIFICATE
(VPAH, LLC DEVELOPMENT AGREEMENT)
The undersigned, VPAH, LLC, a California limited liability company
("Developer"), pursuant to Section 4.1 of that certain Development Agreement
dated February 8, 2012, (the "Development Agreement"), by and among Developer
and the City of La Quinta, a California municipal corporation and charter city (the
"City") by its signature below hereby certifies to the City, for the City's reliance
that:
1. Capitalized terms not defined herein shall have the same meaning as
set forth in the Development Agreement;
2. The undersigned is familiar with the certifications and representations
set forth in this Compliance Certificate;
3. Developer has performed and complied with its obligations under the
Development Agreement to be performed or complied with by it on or prior to the
date hereof. Developer has also performed all Conditions of Approval to be
performed or complied with by it on or prior to the date hereof. Not by way of
limitation of the foregoing, the Developer warrant and represents that: (1) the
Restriction required by Section 3.2 of the Development Agreement has been
approved by the City and recorded against the Site; (2) all payments required
pursuant to Section 3.3.2 of the Development Agreement have been paid; and (3)
all Conditions of Approval to be performed or complied with as of the date hereof
have been satisfied in the manner set forth in Schedule 1, which schedule identifies
all applicable Condition of Approval and a description of how the condition has
been satisfied.
IN WITNESS WHEREOF, this Compliance Certificate is executed effective the
2' day of June, 2014, under penalty of perjury under the laws of California.
VPAH, LLC, a California limited liability company
By:
Its:
By:
Its:
2465/015610-0125
2303172.6 a12/28/11
SCHEDULE 1 TO COMPLIANCE CERTIFICATE
CONDITIONS OF APPROVAL
ATTACHED IS A FULL AND COMPLETE LIST OF ALL CONDITIONS OF APPROVAL
THAT ARE APPLICABLE TO THE PROJECT TO DATE AND A DESCRIPTION OF
HOW EACH CONDITION OF APPROVAL HAS BEEN SATISFIED
Pursuant to Section 3.2 (Restriction on the Site) of the Development
Agreement, the Developer submitted a deed restriction against the Site with the
City on March 14, 2014, which has been recorded with the County of Riverside
effective April 11, 2014.
The Community Development Department received written confirmations
from: (1) Riverside County Fire Department dated May 7, 2014 (Attachment 1); (2)
City of La Quinta Public Works Department dated May 13, 2014 (Attachment 2);
and the City of La Quinta Planning Division dated May 14, 2014 (Attachment 3),
confirming that the Developer has complied with all Conditions of Approval
(Attachment 4) as listed in the Development Agreement.
2465/015610-0125
2303172.6 a12/28/11
PROUDLY SERVING THE
UNINCORPORATED AREAS
OF RIVERSIDE COUNTY
AND THE CITIES OF:
BANNING
BEAUMONT
CALI M ESA
CANYON LAKE
COACH E LLA
DESERT HOT SPRINGS
EASTVALE
INDIAN WELLS
INDIO
JURUPA VALLEY
LAKE ELSINORE
LA QUINTA
MENIFEE
MORENO VALLEY
NORCO
PALM DESERT
PERRIS
RANCHO MIRAGE
RUBIDOUx CSD
SAN JACINTO
TEMECULA
WILDOMAR
BOARD OF
SUPERVISORS:
KEVIN JEFFRIES
DISTRICT 1
JOHN TAVAGLIONE
DISTRICT 2
JEFF STONE
DISTRICT 3
JOHN BENOIT
DISTRICT 4
MARION ASHLEY
DISTRICT 5
RIVERSIDE COUNTY FIRE DEPARTMENT
IN COOPERATION WITH
THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION
77-933 Las Montanas Rd., Ste. #201, Palm Desert, CA 92211-4131 • Phone (760) 863-8886
• Fax (760) 863-7072
www.rvcfire.org
May 7, 2014
RE: Village Park Animal Hospital
ATTACHMENT 1
Riverside County Fire Department reviewed the COAs pertinent to our
Department's comments on May 6th. Please note that all conditions have
been satisfied.
Contact direct should there be any questions or concerns.
Thank You,
�a6ow 5'fi�,.11�
Jason Stubble
Assistant Fire Marshal
Twit 4 4 a"
78-495 CALLE TAMPICO
LA QUINTA, CALIFORNIA 92253
May 13, 2014
Re: Village Park Animal Hospital
PUBLIC WORKS DEPARTMENT
(760)777-7125
FAX (760) 777-7011
ATTACHMENT 2
Public Works Department reviewed the COAs pertinent to the department.
All conditions have been satisfied.
If you have questions regarding this matter, please contact Ed Wimmer,
Development Services Principal Engineer, at (760) 777-7088.
Sincerely,
f
othy R. on on, P.E.
Public Wor s Df�ctor/City Engineer
ATTACHMENT 3
Tity/ 4 4 Qgwcv
MEMORANDUM
TO: Monika Radeva, Executive Assistant
FROM: Jay Wuu, Associate Planner
DATE: May 14, 2014
SUBJECT: VILLAGE PARK ANIMAL HOSPITAL
The Community Development Department Planning Division has reviewed the
conditions of approval for the Village Park Animal Hospital and has determined that
all conditions have been satisfied.
If you have any questions, please contact me at x7067.
ATTACHMENT 4
EXHIBIT "B" TO DEVELOPMENT AGREEMENT
CONDITIONS OF APPROVAL
GENERAL
1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta
("City"), its agents, officers and employees from any claim, action or proceeding to
attack, set aside, void, or annul the approval of this Village Use Permit. The City
shall have sole discretion in selecting its defense counsel.
The City shall promptly notify the applicant of any claim, action or proceeding and
shall cooperate fully in the defense.
2. This Village Use Permit shall comply with the requirements and standards of the La
Quinta Municipal Code ("LQMC"), Village Use Permit VUP 08-042, Right of Way
Vacation ROW 2008-016, and Development Agreement DA 11-022.
The City of La Quinta's Municipal Code can be accessed on the City's Web Site at
www.la-guinta.org.
3. This Village Use Permit approval shall. expire on September 27, 2013, two years
after its effective date, pursuant to Section 9.200.060 (C) of the Zoning Code,
unless extended pursuant to the provisions of Section 9.200.080.
4. It is understood by the Applicant that the Village Animal Hospital has formally
requested to enter into a Development Agreement (DA 2011-042) for the purpose
of providing compensation via in -lieu fees for the parking shortage associated with
this approval. It is also understood that the applicant has requested a vacation of a
portion of public right of way (ROW 08-016) in order to accommodate the project.
This Village Use Permit shall not be effective unless and until both the Right of Way
Vacation and Development Agreement have been approved by the City Council and
recorded; the applicant further understands that the City Council may choose to
reject entering the Development Agreement or modify its contents. While -this
approval will not be effective until such time as a Development Agreement may
become effective, the time limits associated with approval of VUP 2008-042 shall
be in effect with respect to expiration, as stated under Condition #3.
5. Prior to the issuance of any grading, construction, or building permit by the City,
the applicant shall obtain any necessary clearances and/or permits from the
following agencies, if required:
Riverside County Fire Marshal
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)
2465/QI5610-0125 2303172.6 a1228l11 -22-
• Planning Department
• Riverside Co. Environmental Health Department
i 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
• SunLine Transit Agency (SunLine)
i 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.
6. The applicant shall comply with applicable provisions of the City's NPDES
stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater
Management and Discharge Controls), and 13.24.1,70 (Clean Air/Clean Water);
Riverside County Ordinance No. 457; the California Regional Water Quality Control
Board — Colorado River Basin Region Board Order No. 137-2008-0001 and the State
Water Resources Control Board's Order No. 2009-0009-DWQ and Order No. 2010-
0014-DWQ.
A. For construction activities including clearing, grading or excavation of land,
the Permitee may be required to submit a Storm Water Pollution Protection
Plan ("SWPPP") to the State Water Resources Control Board if required by
the Building Official..
The applicant or design professional can obtain the California Stormwater Quality
Association SWPPP template at www.cabmphandb_o_o_ks.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") (LQMC Section 8.70.020 (Definitions)):
1) Temporary Soil Stabilization (erosion control).
2465/015610-0125
2303172.6 OVUM -23-
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 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 HOA Conditions, Covenants, and Restrictions
(CC&Rs), a requirement 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
Infrastructure Fee Program and Development Impact Fee program in effect at the
time of issuance of building permit(s).
B. Approval of this Village Use Permit shall not be construed as approval for any
horizontal dimensions implied by any site plans or exhibits unless specifically
identified in the following conditions of approval.
9. Developer shall submit a cash deposit to the City to cover the costs and actual
attorney's fees incurred by the City Attorney to review, negotiate and/or modify any
documents or instruments required by these conditions, if Developer requests that
the City modify or revise any documents or instruments prepared initially by the
City to effect these conditions. This obligation shall be paid prior to any review and
any remaining deposit will be returned to the Developer.
10. Developer shall submit a cash deposit to the City to cover the costs and actual
consultant's fees incurred by the City for engineering and/or surveying consultants
to review and/or modify any documents or instruments required by this project.
This obligation shall be paid prior to any review and 'any remaining deposit will be
returned to the Developer.
PROPERTY RIGHTS
11. 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
2465ro15610.0125
23031n.6 a12nStl1 -24-
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.
12. Pursuant to the aforementioned condition, conferred rights shall include approvals
from the master developer or the HOA over easements and other property rights
necessary for construction and proper functioning of the proposed development not
limited to access rights over proposed and/or existing private streets that access
public streets and open space/drainage facilities of the master development.
13. The applicant shall offer for dedication 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.
14. The public street right-of-way offers for dedication required for this development
include:
A. PUBLIC STREETS
1) Eisenhower Drive (Primary Arterial, 100' ROW) - No additional right
of way is required from the standard 50 feet from the centerline of
Eisenhower Drive for a total 100-foot ultimate developed right of
way.
2) Avenida Martinez (Local Street, 60' ROW) - No additional right of
way dedication is required for the standard 30 feet from the
centerline of Avenida Martinez for a total 60-foot ultimate developed
right of way. -
3) Avenida Montezuma (Modified Local Street (One Way), 80' ROW) --
No additional right of way dedication is required for the standard 40
feet from the centerline of Avenida Montezuma for a total 80-foot
ultimate developed right of way.
15. When the City Engineer determines that access rights to the proposed street rights -
of -way shown on the approved Village Use Permit site plan are necessary prior to
the certificate of occupany, the applicant shall grant the necessary rights -of -way
within 60 days of a written request by the City.
246%15610-012s -25-
2303172.6 0228111
16. 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 shown on the Village Use Permit.
17. Direct vehicular access to Eisenhower Drive, Avenida Montezuma, and Avenida
Martinez is restricted, except for those access points identified on the conceptual
grading plan of the Village Animal Park for the Village Use Permit, or as otherwise
conditioned in these conditions of approval.
18. 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.
19. The applicant shall cause no easement to be granted, or recorded, over any portion
of the subject property between the date of approval of this Village Use Permit and
the date of final acceptance of the on -site and off -site improvements for this Village
Use Permit, unless such easement is approved by the City Engineer.
20. This project relies on the vacation of current city right-of-way. Right-of-way
vacation is on the northeast corner of Eisenhower Drive and Avenida Montezuma as
shown on the Village Animal Park Conceptual Grading Plan. This right-of-way
vacation must be completed prior to any additional discretionary City permits.
STREET AND TRAFFIC IMPROVEMENTS
21. 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.
22. 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'. Unused curb cuts on any lot shall be restored to standard curb height prior to
final inspection of permanent building(s) on the lot.
23. The applicant shall construct the following street improvements to conform with the
General Plan (street type noted in parentheses.)
A. OFF -SITE STREETS
1 } Eisenhower Drive (Primary Arterial, 100' ROW):
No additional right of way is required from the standard 50 feet
from the centerline of Eisenhower Drive for a total 100-foot
ultimate developed right of way. Additionally, the developer
shall dedicate sufficient right of way for the construction of a
future traffic signal at the intersection of Eisenhower Drive and
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2303172.6 a12=11 -26-
Avenida Montezuma. The City will design a preliminary traffic
signal layout that may require a portion of the Right -Of -Way that
is requested to be vacated.
Other required improvements in the Eisenhower Drive right-of-
way and/or adjacent landscape setback area include:
a. All appurtenant components such as, but not limited to: curb,
gutter, traffic control striping, signs, sidewalk, installing curb
ramps, and removing curb ramps
2) Avenida Montezuma (Modified Local Street (One Way), 80'
ROW):
No additional right of way dedication is required for the standard
40 feet from the centerline of Avenida Montezuma for a total
80-foot ultimate developed right of way. Additionally, the
developer shall dedicate sufficient right of way for the
construction of a future traffic signal, at the intersection of
Eisenhower Drive and Avenida Montezuma. The City will design
a preliminary traffic signal layout that may require a portion of
the Right -Of -Way that is requested to be vacated.
Other required improvements in the Avenida Montezuma right-
of-way and/or adjacent landscape setback area include:
a. All appurtenant components such as, but not limited to:
curb, gutter, traffic control striping, legends, signs, sidewalk,
catch basin, driveways, installing curb ramps, and removing
curb ramps
3) Avenida Martinez (Local Street, 60' ROW):
No additional widening on the south side of the street along all
frontage adjacent to the Village Use Permit boundary is required
as specified in the General Plan and the requirements of these
conditions. Rehabilitate and/or reconstruct existing roadway
pavement as necessary to augment and convert it from a rural
county -road design standard to La Quinta's urban arterial design
standard.
Other required improvements in the Avenida Martinez right-of-
way and/or adjacent landscape setback area include:
a. All appurtenant components such as, but not limited to:
curb, gutter, traffic control striping, signs, sidewalk, catch
basin, driveways, installing curb ramps, and removing curb
ramps
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230 1n.6 a] W8111 -27-
The applicant shall extend improvements beyond the project 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).
24. General access points and turning movements of traffic are limited to the proposed
access driveways on Avenida Montezuma and Avenida Martinez. Right turn in and
right turn out movements are permitted on Avenida Montezuma. All turn
movements are permitted on Avenida Martinez.
PARKING LOTS and ACCESS POINTS
25. 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.
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 accessibility issues.
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 17 feet in length with a 2-foot overhang for standard parking
stalls and 18 feet with a 2-foot overhang for handicapped parking stall or as
approved by the City Engineer. One van accessible handicapped parking stall
is required per 8 handicapped parking stalls.
F. Drive aisles between parking stalls shall be a minimum of 16 feet with
access drive aisles to Public Streets a minimum of 20 feet as shown on the
Village Use Permit site plan or as approved by the City Engineer.
Entry drives, main interior circulation routes, corner cutbacks, bus turnouts,
dedicated turn lanes, ADA accessibility route to public streets and other features
shown on the approved construction plans, may require additional street widths and
other improvements as may be determined by the City Engineer.
26. The applicant shall design 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:
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27.
28.
Parking Lot & Aisles (Low Traffic)
Parking Lot & Aisles (High Traffic)
Loading Areas
or the approved equivalents of alternate
The applicant shall submit current mix de
of construction) for base, asphalt conc3
submittal shall include test results for
procedure. For mix designs over six mor
(less than six months old at the time
results confirming that design gradations
applicant shall not schedule construction i
Improvements shall be designed and con;
standards, supplemental drawings and sf
Engineer. Improvement plans for streets,
stamped and signed by engineers registere
IMPROVEMENT PLANS
$.0" a.c./4.5" c.a.b.
4.5" a.c./5.5" c.a.b.
6" P.C.C./4" c.a.b.
rials.
Ins (less than two years old at the time
3 and Portland cement concrete. The
II specimens used in the mix design
s old, the submittal shall include recent
construction) aggregate gradation test
i be achieved in current production. The
:rations until mix designs are approved.
ucted in accordance with City adopted
:ifications, or as approved by the City
ccess gates and parking areas shall be
in California.
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.
29. 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) .
30_ The following improvement plans shall be
approval by the Public Works Department.
specified below shall be prepared. The
specified, unless otherwise authorized by tl
prepared at a larger scale if additional del
applicant may be required to prepare of
pursuant to improvements required by other
A. On -Site Rough Grading Plan
B. Precise Grading Plan (Commercial
The Precise Grading plan shall
C. On -Site Sewer and Water Plan
D. PM 10 Plan
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23031M6 a12W11 -29-
prepared and submitted for review and
separate set of plans for each line item
plans shall utilize the minimum scale
City Engineer in writing. Plans may be
iil or plan clarity is desired. Note, the
er improvement plans not listed here
agencies and utility purveyors.
1" = 40' Horizontal
pment) 1 " = 20' Horizontal
Storm Drain/Underground Retention.
1 " — 30' Horizontal
1 " = 40' Horizontal
E. WQMP (Plan submitted in Report Form)
F. Off -Site Street Improvement/Storm Drain Plan/ Sidewalk
1 " = 40' Horizontal, 1 " = 4' Vertical
G. Off -Site Signing & Striping Plan 1 " = 40' Horizontal
The Off -Site street improvement plans shall have separate plan sheet(s) (drawn at
20 scale) that show the meandering sidewalk, mounding, and berming design in the
combined parkway and landscape setback area.
NOTE: A through G to be submitted concurrently.
Other engineered improvement plans prepared for City approval that are not listed
above shall be prepared in formats approved by the City Engineer prior to
commencing plan preparation.
All Off -Site Plan & Profile Street Plans and Signing & Striping Plans shall show all
existing improvements for a distance of at least 200-feet beyond the project limits,
or a distance sufficient to show any required design transitions.
Precise grading plans shall normally include all on -site surface improvements
including but not limited to finish grades for curbs & gutters, sidewalks, building
floor elevations, wall elevations, parking lot improvements, ADA requirements, stop
signs, limit lines, and legends, no parking signs, raised pavement markers, and
street name signs per Public Works Standard Plans and/or as approved by the
Engineering Department.
"Rough Grading" plans shall normally include perimeter wails 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 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.
In addition to the normal set of improvement plans, a � "Site Development" plan is
required to be submitted for approval by the Building Official, Planning Director and
the City Engineer.
"Site Development" plans shall normally include all on -site surface improvements
including but not limited to finish grades for curbs & gutters, building floor
elevations, wall elevations, parking lot improvements and ADA requirements.
2469015610-0125
2303172.6 a122841 -30-
31. 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.orq). Please navigate to the Public Works. Department home page and look
for the Standard Drawings hyperlink.
32. The applicant shall furnish a complete set of all approved improvement plans on a
storage media acceptable to the City Engineer (currently rriylars).
33. Upon completion of construction, and prior to final acceptance of the improvements
by the City, the applicant shall furnish the City with reproducible record drawings of
all improvement plans which were approved by the City. Each sheet shall be clearly
marked "Record Drawing" 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
34. Prior to constructing any off -site improvements, the developer shall deposit
securities in accordance with Engineering Bulletin 09-02 or as approved by the City
Engineer:
35. Improvements to be made, or agreed to be made, shall include the removal of any
existing structures or other obstructions which are not a part of the proposed
improvements,
36. 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:
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 entitlement.
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.
24651015610-0125
2303172.6ai ngll1 -31-
In the event that any of the improvements required for this development are
constructed by the City, the applicant shall reimburse the City for the costs of such
improvements.
37. Should the applicant fail to construct the improvements for the development, or fail
to satisfy its obligations for the development in a timely manner, the City shall have
the right to halt issuance of building permits, and/or final building inspections,
withhold other approvals related to the development of the project, or call upon the
surety to complete the improvements.
r,RAnwr,
38. The applicant shall comply with the provisions of LQMC Section 13.24.050
(Grading Improvements).
39. 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.
40. To obtain an approved grading permit, the applicant shall submit and obtain
approval of all of the following:
A. A grading plan prepared by a 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),
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), and
E. WQMP prepared by an engineer 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.
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.
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41. 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.
42. Grading within the perimeter setback and parkway areas shall have undulating
terrain and shall conform with the requirements of LQMC Section 9.60.240(F)
except as otherwise modified by this condition. The maximum slope shall not
exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e.
the slope at the back of the landscape lot) which shall not exceed 2:1 if fully
planted with ground cover. The maximum slope in the first six (6) feet adjacent to
the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet
W) of the curb, otherwise the maximum slope within the right of way shall not
exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one
and one-half inches (1.5") in the first eighteen inches (18") behind the curb.
43. Prior to the issuance of a building permit for any building lot, the applicant shall
provide a lot pad certification stamped and signed by a _qualified engineer or
surveyor with applicable compaction tests and over excavation documentation.
Each pad certification shall list the pad elevation as shown on the approved grading
plan, the actual pad elevation and the difference between the two, if any. Such
pad certification shall also list the relative compaction of the pad soil. The data
shall be organized by lot number, and listed cumulatively if submitted at different
times.
DRAINAGE
44. Nuisance water shall be retained onsite and disposed of via an underground
percolation improvement approved by the City Engineer.
45. 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 100 year
storm shall be retained within the development, unless otherwise approved by the
City Engineer. The design storm shall be either the 1 hour, 3 hour, 6 hour or 24
hour event producing the greatest total run off.
46. 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.
47. In design of retention facilities, the maximum percolation rate shall be two inches
per hour. The percolation rate will be considered to be zero unless the applicant
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provides site specific data indicating otherwise and as approved by the City
Engineer.
48. The design of the development shall not cause any increase in flood boundaries and
levels in any area outside the development.
49. 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.
50. Storm drainage historically received from adjoining property shall be received and
retained or passed through into the historic downstream drainage relief route.
51 _ The applicant shall comply with applicable provisions for post construction runoff
per the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et
seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean
Air/Clean Water); Riverside County Ordinance No. 457; and the California Regional
Water Quality Control Board — Colorado River Basin (CRWQCB-CRB) Region Board
Order No. 137-2008-001.
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. 117-2008-001 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.
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
52. 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.
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53. Existing overhead utility lines within, or adjacent to the proposed development, and
all proposed utilities shall be installed underground.
All existing utility lines attached to joint use 92 KV transmission power poles are
exempt from the requirement to be placed underground.
54. 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
55. 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 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. A smooth finish for the building shall be used rather than sand finish.
SCREENING AND OUTDOOR LIGHTING
57. All rooftop mechanical equipment shall be 'completely screened from view. Utility
transformers and other ground mounted mechanical equipment shall be fully
screened by screening walls or landscaping, and painted to match the adjacent
buildings.
58. Exterior lighting shall be consistent with Section 9.100.150 (Outdoor Lighting) of
the La Quinta Municipal Code. All freestanding lighting shall not exceed 20 feet in
height, shall be fitted with a visor or bulb refractor if deemed necessary by staff,
and shall be turned off or reduced to a level deemed appropriate during night time
hours by the Planning Director.
LANDSCAPE AND IRRIGATION
59. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks),
13.24.140 (Landscaping Plans), and 8.13 (Water Efficient Landscape).
60. The applicant shall provide landscaping in the required setbacks, retention basins,
common lots, park areas, and perimeter areas.
61. Landscape and irrigation plans for landscaped lots, perimeter areas, setbacks, and
retention basins shall be signed and stamped by a licensed landscape architect.
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62. The applicant shall submit final landscape plans for review, processing and approval
to the Planning Department, in accordance with the Final Landscape Plan (FLP)
application process. Planning Director approval of the final landscape plans is
required prior to issuance of the first building permit unless the Planning Director
determines extenuating circumstances exist which justify an alternative processing
schedule.
When plan checking has been completed by the Planning Department, the applicant
shall. obtain the signatures of CVWD and the Riverside County Agricultural
Commissioner, prior to re -submittal for signature by the Planning Director. Final
plans shall include all landscaping associated with this project.
NOTE: Plans are not approved for construction until signed by the Planning Director
and/or the City Engineer.
63. Landscape areas shall have permanent irrigation improvements meeting the
requirements of the Planning Director. Use of lawn areas shall be minimized with
no lawn, or spray irrigation, being placed within 24 inches of curbs along public
streets.
64. 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" latest edition, in the design and/or installation of all
landscaping and appurtenances abutting and within the private and public street
right-of-way.
65. Final field inspection of all landscaping materials, including all vegetation, hardscape
and irrigation. systems is required by the Planning Department prior to final project
sign -off by the Planning Department. Prior to any field inspection, written
verification by the project's landscape architect of record stating that all vegetation,
hardscape and irrigation systems have been installed in accordance with _the
approved final landscape plans shall be submitted to the Planning Department.
66. The size of the trees in the parking lot shall be increased to 36- from 24-inch
(minimum diameter calipers) boxes in the landscaping area.
67. Add additional dog relief area into the landscaping someplace for waiting animal
patients.
68. The landscaping plan shall replace Fruitless Olive trees with Palo Verde trees.
MAINTENANCE
69. The applicant shall comply with the provisions of LQMC Section 13.24.160
(Maintenance).
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70. The applicant shall make provisions for the continuous and perpetual maintenance
of perimeter landscaping up to the curb, access drives, sidewalks, and stormwater
BMPs.
FEES AND DEPOSITS
71. 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.
72. Applicant shall pay the fees as required by the Desert Sands Unified School District,
as in effect at the time requests for building permits are submitted.
FIRE DEPARTMENT
73. Approved accessible on -site super fire hydrants shall be located not to exceed 400
feet apart in any direction. Any portion of the facility or of an exterior wall of the
first story ,of the building shall not be located more than 150 feet from fire
apparatus access roads as measured by an approved route around the complex,
exterior of the facility or building.
74. All Fire Department Appliances such as, FDCs and PIVs shall be located on the front
access side of the building. PIV and FDC appliances shall not less than 40' from the
building and within 50' of an approved roadway and no more than 200' from an
approved hydrant.
75. Install a complete commercial fire sprinkler system (per NFPA 13). 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.
76. Install a portable fire extinguisher, with a minimum rating of 2A-10BC, 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.
77. An approved Fire Department access key lock box shall be installed next to the
approved Fire Department access door to the building. Required order forms and
installation standards may be obtained at the Fire Department.
78, 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,
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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.
79. Install an alarm monitoring system for fire sprinkler system(s) with 20 or more
heads, along with current permit fees, to the Fire Department for review and
approval prior to installation.
80. No hazardous materials shall be stored and/or used within the building, which
exceeds quantities listed in 2010 CBC. No class .I, 11 or IIIA of
combustiblelflammable liquid shall be used in any amount in the building.
81. Exit designs, exit signs, door hardware, exit markers, exit doors, and exit path
marking shall be installed per the 2010 California Building Code.
82. Electrical room doors if applicable shall be posted "ELECTRICAL ROOM" on outside
of door.
83. Fire Alarm Control Panel room doors if applicable shall be posted "FACP" on outside
of door.
84. Fire Riser Sprinkler room doors if applicable shall be posted "Fire Riser" on outside
of door.
85. Roof Access room door if applicable shall be posted "Roof Access" on outside of
door.
86. Access shall be provided to all mechanical equipment located on the roof as
required by the Mechanical Code.
87. 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, 2010
CIVIC.
88. Blue dot retro-reflectors pavement markers on private streets, public streets and
driveways to indicated location of the fire hydrant. 06-05 (located at
www.rvcfire.org)
89. 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.
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