CC Resolution 1998-047^ Sn RESOLUTION 98-47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, APPROVING SPECIFIC PLAN 84-
004, AMENDMENT NO.2
CASE NO. SP 84-004, AMENDMENT NO.2
APPLICANT: TD DESERT DEVELOPMENT
WHEREAS, the City Council of the City of La Quinta, California, did, on
the 1 9 th day of May, 1 998, hold a duly-noticed Public Hearing to consider Specific
Plan Amendment No.2 to a mixed use development consisting of a combination of
residential, golf course, tourist commercial and retail uses on 726 acres, generally
bounded by four Arterial streets; Washington Street, Jefferson Street, Avenue 48, and
Avenue 50. The project area is located at the south of Avenue 48, north of Avenue
50, west of Jefferson Street and east of Washington Street, more particularly
described as:
APN: BOOK 646, MAPS 2, and 43 through 40;
AND BOOK 649 MAPS 10,21,37,38, and 40
WHEREAS, the Planning Commission of the City of La Quinta, California,
did, on the 28th day of April, 1 998, hold a duly-noticed Public Hearing to consider
Specific Plan Amendment No.2 to a mixed use development consisting of a
combination of residential, golf course, tourist commercial and retail uses on 726
acres, generally bounded by four Arterial streets; Washington Street, Jefferson Street,
Avenue 48, and Avenue 50.
WHEREAS, said Specific Plan Amendment No.2 has complied with the
requirements of the California Environmental Quality Act of 1970 as amended),
pursuant to the adoption of Resolution 83-68 by the City Council, in that the
Community Development Director has conducted an Initial Study EA 98-357),
reviewed a previously certified Addendum to Environmental Impact Report No. 90 for
Specific Plan 84-004 and determined that the Specific Plan Amendment No.2 will not
have a significant adverse impact on the environment and a Mitigated Negative
Declaration of Environmental Impact is recommended; and,
WHEREAS, at said Public Hearing, upon hearing and considering all
testimony and arguments, if any, of all interested persons wanting to be heard, said
City Council did make the following mandatory findings to justify approving said
Specific Plan Amendment No.2.
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1. That the proposed Specific Plan Amendment No.2 is consistent with the goals
and policies of the La Quinta General Plan in that the property is designated
Residential, Golf Course/Open Space, and Tourist Commercial which permits the
uses proposed for the property.
2. This Amendment will not create conditions materially detrimental to the public
health, safety, and welfare in that the resulting land uses and circulation will
require Planning Commission and/or City Council review and approval of future
development plans, which will ensure adequate conditions of approval.
3. That the Specific Plan Amendment No.2 is compatible with the existing and
anticipated area development in that the project, as conditioned, provides
adequate circulation.
4. That the project will be provided with adequate utilities and public services to
ensure public health and safety.
5. That the Specific Plan Amendment No.2 is consistent with the current Specific
Plan approval and amendment process.
6. That the proposed Specific Plan Amendment No.2 is conceptual; further review
will be required under a Site Development Permit review process at which time
project related conditions will be attached to mitigate impacts.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of La Quinta, California, as follows:
1. That the above recitations are true and correct and constitute the findings of the
City Council in this case;
2. That it does hereby adopt Environmental Assessment 98-357, a Mitigated
Negative Declaration, indicating that the proposed Specific Plan Amendment No.
2 will not result in any significant environmental impacts as mitigated by the
recommended Conditions of Approval;
3. That it does hereby approve the above-described Specific Plan Amendment No.
2 request for the reasons set forth in this Resolution, and subject to the
attached Conditions of Approval.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta City Council held on this 1 9th day of May, 1 998, by the following vote:
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P*ge 3
AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena
NOES: None
ABSENT: None
ABSTAIN: None
TOHN NA, or
City of La Quinta, California
ATTEST:
UNDRA L. JUH LA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
*
DAWN C. HONEYWELL, City Attorney
City of La Quinta, California
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CONDITIONS OF APPROVAL FINAL
SPECIFIC PLAN 84-004 AMENDMENT NO.2
MAY 19,1998
GENERAL CONDITIONS OF APPROVAL
1. Upon their approval by the City Council, the City Clerk is directed to file these
Conditions of Approval with the Riverside County Recorder for recordation
against the properties to which they apply.
2. Land divisions within Specific Plan 84-004, Amendment No 2 shall comply with
the requirements and standards of 66410-66499.58 of the California
Government Code the Subdivision Map Act) and Chapter 1 3 of the La Quinta
Municipal Code LQMC).
3. Prior to the issuance of a grading or building permits for any facilities
contemplated by this approval, the applicant shall obtain permits and/or
clearances from the following public agencies:
* Fire Marshal
* Public Works Department Grading Permit, Improvement Permit)
* Community Development Department
* Riverside Co. Environmental Health Department
* Desert Sands Unified School District
* Coachella Valley Water District Potable water supply and work within the
La Quinta Evacuation Channel)
* Imperial Irrigation District
* California Regional Water Quality Control Board NPDES Permit)
The applicant is responsible for any requirements of the permits or clearances
from those jurisdictions. If the requirements include approval of improvement
plans, applicant shall furnish proof of said approvals prior to obtaining City
approval of the plans.
The applicant shall comply with applicable provisions of the City's NPDES
stormwater discharge permit. For projects requiring project-specific NPDES
construction permits, the applicant shall include a copy of the application for the
Notice of Intent with grading plans submitted for plan checking. Prior to issuance
of a grading or site construction permit, the applicant shall submit a copy of the
proposed Storm Water Pollution Protection Plan for review by the Public Works
Department.
4. Provisions shall be made to comply with the terms and requirements of the City*s
adopted Infrastructure Fee program in effect at the time of issuance of building
permits.
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Conditions of Approval Final
Specific Plan 84-004, Amendment #2
May 19, 1998
PROPERTY RIGHTS
5. All easements, rights of way and other property rights required of or otherwise
necessary to facilitate the ultimate use of the development and functioning of
improvements shall be dedicated, granted or otherwise conferred, or the process
of said dedication, granting, or conferral shall be ensured, prior to approval of
final maps or parcel maps or a waivers of parcel maps lying over or adjacent to
the required property rights. The conferral shall include irrevocable offers to
dedicate or grant easements to the City for access to and maintenance,
construction, and reconstruction of all essential improvements which are located
on privately-held lots or parcels.
6. Prior to approval of final maps, parcel maps or grading plans and prior to issuance
of grading permits, the applicant shall furnish proof of temporary or permanent
easements or written permission, as appropriate, from owners of any abutting
properties on which grading, retaining wall construction, permanent slopes, or
other encroachments are to occur.
7. If the applicant proposes vacation or abandonment of any existing rights of way
or access easements which will diminish access rights to anv properties owned
by others, the applicant shall provide approved alternate rights of way or access
easements to those properties or notarized letters of consent from the property
owners.
8. The applicant shall grant public and private street right of way and utility
easements in conformance with the City's General Plan, Municipal Code,
applicable specific plans, and as required by the City Engineer.
9. Right of way grants required of this development include:
A. Washington and Jefferson Streets Sixty-foot halves of 1 20' rights of way
B. Avenues 48 and 50 Fifty-five-foot halves of 11 0' rights of way
Grants shall include additional widths as necessary for dedicated right and left
turn lanes, bus turnouts, and other features contained in the approved
Construction plans.
The applicant shall grant the above rights of way withing sixty days of written
request by the City.
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Conditions of Approval Final
Specific Plan 84-004, Amendment #2
May 19, 1998
10. The applicant shall grant flood easements to CVWD for all areas of the
development below the elevation of 50.00 feet which are not drainage isolated
to elevation 50.00) from the La Quinta Evacuation Channel. The applicant shall
endeavor to offer easements over currently-improved portions of the channel
within six months of the approval of this specific plan update. Easements over
unimproved portions shall be offered for dedication when subdivided or otherwise
approved for construction
11. The applicant shall dedicate 10-foot public utility easements contiguous with and
along both sides of all private streets.
1 2. The applicant shall create perimeter setback lots, of minimum width as noted,
adjacent to the following street rights of way:
A. Washington Street As constructed at the time of this Specific Plan update
B. Avenues 48 and 50 and Jefferson Street 20*
Minimum widths may be used as average widths if meandering wall designs are
approved.
Required setback areas or lots shall apply to all existing and proposed street
frontage of the property being subdivided including, but not limited to, remainder
parcels and lots dedicated or deeded to others such as water well and power
substation sites.
Where public sidewalks are placed on privately-owned setback lots, the applicant
shall dedicate blanket sidewalk easements over the setback lots.
13. The applicant shall vacate abutter*s rights of access to Washington and Jefferson
Streets and Avenues 48 and 50 from lots abutting the streets. Direct access to
these streets shall be restricted to entry/exit drives approved by the City.
1 4. The applicant shall dedicate any easements necessary for placement of and
access to utility lines and structures, drainage basins, mailbox clusters, park
lands, and common areas.
FINAL MAP(S) AND PARCEL MAP(S)
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Conditions of Approval Final
Specific Plan 84-004, Amendment #2
May 19, 1998
1 5. Prior to approval of any land division map, the applicant shall furnish accurate
AutoCad files of the complete map, as approved by the City's map checker, on
storage media and in a program format acceptable to the City Engineer. The files
shall utilize standard AutoCad menu choices so they may be fully retrieved into
a basic AutoCad program.
If the map was not produced in AutoCad or a file format which can be converted
to AutoCad, the City Engineer may accept raster-image files of the map.
IMPROVEMENT PLANS
1 6. Improvement plans submitted to the City for plan checking shall be submitted on
24" x 36" media in the categories of Rough Grading," Precise Grading,"
Streets & Drainage," and Landscaping." All plans except precise grading plans
shall have signature blocks for the City Engineer. Precise grading plans shall have
signature blocks for Community Development Director and the Building Official.
Plans are not approved for construction until they are signed.
Streets and Drainage" plans shall normally include signals, sidewalks, bike
paths, gates and entryways, and parking lots. If water and sewer plans are
included on the street and drainage plans, the plans shall have an additional
signature block for the Coachella Valley Water District CVWD). The combined
plans shall be signed by CVWD prior to their submittal for the City Engineer's
signature.
Landscaping" plans shall normally include landscape improvements, irrigation,
lighting, and perimeter walls.
Plans for improvements not listed above shall be in formats approved by the City
Engineer.
1 7. Grading and drainage plans within or directly affecting the La Quinta Evacuation
Channel shall have signature blocks for CVWD.
1 8. The City may maintain standard plans, details and/or construction notes for
elements of construction. For a fee established by City resolution, the applicant
may acquire standard plan and/or detail sheets from the City.
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May 19, 1998
1 9. When final plans are approved by the City, and prior to approval of the land
division map, the applicant shall furnish accurate AutoCad files of the complete,
approved plans on storage media acceptable to the City Engineer. The files shall
utilize standard AutoCad menu choices so they may be fully retrieved into a basic
AutoCad program. At the completion of construction and prior to final
acceptance of improvements, the applicant shall update the files to reflect as-
constructed conditions including approved revisions to the plans.
If the plans were not produced in AutoCad or a file format which can be
converted to AutoCad, the City Engineer may accept raster-image files of the
plans.
IMPROVEMENT AGREEMENT
20. The applicant shall construct improvements and/or satisfy obligations, or furnish
executed, secured agreements to construct improvements and/or satisfy
obligations required by the City prior to approval of final or parcel maps or
issuance of certificates of compliance for waived parcel maps. For secured
agreements, security provided, and the release thereof, shall conform with
Chapter 1 3, LOMC.
Improvements to be made or agreed to shall include removal of any existing
structures or obstructions which are not part of the proposed improvements.
21. If improvements are secured, the applicant shall provide approved estimates of
improvement costs. Estimates shall comply with the schedule of unit costs
adopted by City resolution or ordinance. For items not listed in the City's
schedule, estimates shall meet the approval of the City Engineer.
Estimates for utilities and other improvements under the jurisdiction of outside
agencies shall be approved by those agencies. Security is not required for
telephone, gas, or T.V. cable improvements. However, tract improvements shall
not be agendized for final acceptance until the City receives confirmation from
the telephone authority that the applicant has met all requirements for telephone
service to lots within the development.
22. The applicant shall pay cash or provide security in guarantee of cash payment for
applicant's required share of improvements which are or have been constructed
by others participatory improvements).
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Specific Plan 84-004, Amendment #2
May 19, 1998
At the time of approval of this specific plan update, known participatory
improvements consist of the following:
Avenue 48 Reimburse A.G. Spanos Construction Co. in the amount of
$60,555.59 for pavement and median curbing installed on the south side of
Avenue 48 between Washington and Adams Streets as part of offsite
improvements for Tract 24230 Lake La Quinta. This amount shall be reduced
by the applicant's approved costs for installation of landscaping in the north half
of said median.
GRADING
23. Graded, undeveloped land shall be maintained to prevent dust and blowsand
nuisances. The land shall be planted with interim landscaping or provided with
other wind and water erosion control measures approved by the Community
Development and Public Works Departments.
24. Prior to occupation of development sites for construction purposes, the Applicant
shall submit and receive approval of fugitive dust control plans prepared in
accordance with Chapter 6.1 6, LQM C. In accordance with said Chapter, the
Applicant shall furnish security, in a form acceptable to the city, in an amount
sufficient to guarantee compliance with the provisions of the permit.
25. The applicant shall comply with the City's flood protection ordinance. The
applicant shall coordinate with the Federal Emergency Management Agency's
National Flood Insurance Program and take steps as necessary to ensure that
residential properties abutting the La Ouinta Evacuation Channel are not subject
to the flood insurance associated with the Flood Zone A designation of the
Channel.
26. The applicant shall furnish a thorough preliminary geological and soils engineering
report soils report") with grading plans.
27. Grading plans shall be prepared by a registered civil engineer and must meet the
approval of the City Engineer prior to issuance of grading permits. The grading
plan shall conform with the recommendations of the soils report(s) and shall be
certified as adequate by a soils engineer or an engineering geologist. A statement
shall appear on final map(s) that soils reports have been prepared pursuant to
Section 1 7953 of the Health and Safety Code.
28. The applicant shall endeavor to minimize differences in elevation at the interface
of this development with abutting properties and of separate tracts and lots
within this development. Building pad elevations on contiguous lots shall not
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differ by more than three feet except for lots within a tract, but not sharing
common street frontage, where the differential shall not exceed five feet. If
compliance with this requirement is impractical, the City will consider and may
approve alternatives which minimize safety concerns, maintenance difficulties
and neighboring-owner dissatisfaction with the grade differential.
29. Prior to issuance of building permits, the applicant shall provide documents,
bearing the seal and signature of a California registered civil engineer or surveyor,
that list actual building pad elevations for the building lots. The document shall
list the pad elevation approved on the grading plan, the as-built elevation, and the
difference between the two, if any. The data shall be organized by map and lot
number and shall be listed cumulatively if submitted at different times.
DRAINAGE
30. The applicant shall comply with the provisions of Engineering Bulletin No. 97.03
and the following:
31. The design of the development shall not cause any increase in flood boundaries,
levels or frequencies in any area outside the development.
32. Stormwater falling on site during the peak 24-hour period of a 100-year storm
the design storm) shall be retained within the development unless otherwise
approved by the City Engineer. The tributary drainage area shall extend to the
centerline of adjacent public streets.
33. Storm flow in excess of retention capacity shall be routed through a designated
overflow outlet and into the historic drainage relief route.
34. Storm drainage historically received from adjoining property shall be received and
retained or passed through into the historic downstream drainage relief route.
35. Nuisance water shall be retained on site.
36. If the applicant proposes drainage of stormwater from a design storm directly or
indirectly to public waterways, the applicant and, subsequently, the
Homeowners' Association shall be responsible for any sampling and testing of the
development's effluent which may required under the City's NPDES Permit or
other city- or area-wide pollution prevention program and for any other obligations
and/or expenses which may arise from such discharge of the development's
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Specific Plan 84-004, Amendment #2
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stormwater or nuisance water. The tract CC & Rs shall reflect the existence of
this potential obligation.
UTILITIES
37. All existing and proposed utilities within or adjacent to the proposed development
shall be installed underground. High-voltage power lines which the power
authority will not accept underground are exempt from this requirement.
38. In areas where hardscape surface improvements are planned, underground
utilities shall be installed prior to the hardscape improvements. The applicant
shall provide certified reports of utility trench compaction tests for approval of
the City Engineer.
STREET AND TRAFFIC IMPROVEMENTS
39. The City is contemplating adoption of a major thoroughfare improvement
program. If the program is in effect 60 days prior to recordation of any final map
or issuance of a certificate of compliance for any waived final map, the land
being divided may be subject to the provisions of the ordinance.
40. The applicant shall develop all internal roads in accordance with the design
standards specified in the specific plan and the structural standards in effect at
the time of tentative tract approval. All internal roads shall remain private. The
minimum street width shall be 36 feet as measured between curbfaces or
flowlines except as follows:
A. Single-loaded residential streets 32-feet minimum.
B. Streets may be constructed to minimum widths of 32 feet with parking
restricted to one side, and 28 feet if on-street parking is prohibited, if there
is adequate off-street parking for residents and visitors and the applicant
provides for enforcement of the restrictions by the homeowners association
The following minimum off-site street improvements shall be constructed to
conform with the General Plan street type noted in parentheses:
C. Washington Street and the portion of Avenue 48 from Washington Street
to Dune Palms Road have been constructed by the applicant at the time of
this specific plan amendment.
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Specific Plan 84-004, Amendment #2
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D. Avenue 48 Primary Arterial) Reimburse the City for the cost to construct
the applicant's half of this street from Dune Palms Road to Jefferson Street.
E. Jefferson Street Major Arterial) Fifty-one-foot half of 1 02' improvement
curbface to curbface) plus six-foot sidewalk for the length of the
applicant's frontage.
F. Avenue 50 Primary Arterial) Forty-three-foot half of 86' improvement
curbface to curbface) plus six-foot sidewalk for the length of the
applicant's frontage.
G. Traffic signal at Jefferson St. and Avenue 48 25% responsibility for the
cost to design and construct.
H. Traffic signals at Adams Street, Dune Palms Road, Jefferson Street
entrance 50% responsibility for the cost to design and construct.
I. Traffic signal at Avenue 50 entrance 50% responsibility for the cost to
design and construct.
J. Traffic signals at resort site entries 100% responsibility for the cost to
design and construct.
The applicant shall be solely responsible for any modifications required to adapt
existing signals for the opening of this developments entries. Signals shall be
secured reimbursed if already constructed by others) with development
approvals for the entries affected and shall be constructed prior to the opening
of the entries unless otherwise approved by the City Engineer.
Corner cutbacks, bus turnouts, dedicated turn lanes, and other features contained
in the approved construction plans may warrant additional street widths as
determined by the City Engineer.
41. The minimum rate of progress on the applicant's remaining responsibility for off-
site streets approximately 2.1 of the original 3.1 miles of improvements) shall
be as follows:
A. The applicant shall reimburse the City for the cost of improvements to
Avenue 48 between Dune Palms Road and Adams Street at the time of
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approval of the next final map or other development approval providing
additional residential or resort guest property.
B. The applicant shall secure the estimated cost of Jefferson Street
improvements or reimburse actual costs if already constructed) as follows:
1) Prior to construction of permanent, non-emergency access to this
street, or
2) At the time of approvals allowing residential or resort guest uses in the
portion of the specific plan area lying within one quarter mile of the
centerline of Jefferson Street. This obligation may be pro rated with
development approvals for the first 80 percent of such property within
that area until permanent non-emergency access is provided to
Jefferson Street or the City Engineer determines that improvements
are needed, in part, because of traffic generated by the specific plan
area.
3) Construction or reimbursement shall be complete prior to approval of
the final 20 percent of the residential or resort guest acreage within
this area.
C. The applicant shall secure the estimated cost of Avenue 50 along
applicant's frontage and Avenue 48 between Dune Palms Road and
Jefferson Street or reimburse actual costs if already constructed)
concurrently with approvals allowing residential or resort guest uses in the
portion of the specific plan area lying east and south of the La Quinta
Evacuation Channel and more than one quarter mile west of the centerline
of Jefferson Street.
The provision of security and constructionkeimbursement of these
improvements shall comply with the provisions listed above for Jefferson
Street improvements except that reimbursement for the Avenue 48
improvements shall precede securingiconstructing Avenue 50 improvements
until the pro rata contributions are needed for pending construction of
Avenue 50 improvements.
The above notwithstanding, off-site street improvements determined necessary
to serve developing portions of the specific plan area shall be secured or
reimbursed at the time of approval of those portions of the development and shall
be constructed concurrently with those portions. All off-site street improvements
shall be completed no later than five years after the approval of this Specific Plan
unless otherwise approved by the City Council. Improvements and
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Conditions of Approval Final
Specific Plan 84-004, Amendment #2
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reimbursements so required may exceed the minimum rate of progress outlined
above.
42. Improvements shall include all appurtenances such as traffic signs, channelization
markings and devices, raised medians if required, street name signs, and
sidewalks. Mid-block street lighting is not required.
43. The City Engineer may require improvements extending beyond development
boundaries such as, but not limited to, pavement elevation transitions, street
width transitions, or other incidental work which will ensure that newly
constructed improvements are safely integrated with existing improvements and
conform with the City's standards and practices.
44. Improvement plans for all on- and off-site streets and access gates shall be
prepared by registered professional engineer(s) authorized to practice in the State
of California. Improvements shall be designed and constructed in accordance
with the LQMC, adopted Standard and Supplemental Drawings and
Specifications, the specific plan, and as approved by the City Engineer.
45. Street right of way geometry for culs de sac, knuckle turns and corner cut-backs
shall conform with Riverside County Standard Drawings #800, #801, and #805
respectively unless otherwise approved by the City Engineer.
46. All streets proposed to serve residential or other access driveways shall be
designed and constructed with vertical curbs and gutters or shall have other
approved methods to convey nuisance water without ponding and to facilitate
street sweeping.
47. Street pavement sections shall be based on a Caltrans design for a 20-year life
and shall consider soil strength and anticipated traffic loading including site and
building construction traffic). The minimum pavement sections shall be as
follows:
Residential & Parking Areas 3.0" a.c.14.50" a.b.
Collector 4.0"/5.00"
Secondary Arterial 4.0"/6.00"
Primary Arterial 4.5"/6.O0"
Major Arterial 5.5"/6.50"
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Conditions of Approval Final
Specific Plan 84-004, Amendment #2
May 19, 1998
The listed structural sections are minimums, not defaults. Street pavement
sections shall be designed using Caltrans design procedures with site-specific
data for soil strength and traffic volumes.
The applicant shall submit current no more than two years old) mix designs for
base materials, Portland cement concrete and asphalt concrete, including
complete mix design lab results, for review and approval by the City. For mix
designs over six months old, the submittal shall include recent no more than six
months old at the time proposed for construction) aggregate gradation test
results to confirm that the mix design gradations can be reproduced in production
of the base or paving material. Construction operations shall not be scheduled
until mix designs are approved.
48. Final inspection and occupancy of homes or other permanent buildings within the
development will not be approved until the homes or permanent buildings have
improved access to publicly-maintained streets. The improvements shall include
streets and sidewalks, traffic control devices and street name signs.
WALLS AND LANDSCAPING
49. Final inspection and occupancy of homes and buildings within tracts abutting the
perimeter will occur only after the perimeter wall has been constructed adjacent
to those tracts. Perimeter walls along public streets shall be installed within one
year of the applicants' construction or participation in the costs of the streets.
50. The applicant shall provide landscape improvements in the perimeter setback
areas or lots along all adjacent public streets. Landscape improvements shall
coincide with construction of the adjacent perimeter wall unless otherwise
approved by the City Engineer.
51. Landscape and irrigation plans for landscaped lots, landscape setback areas,
medians, and park facilities shall be prepared by a licensed landscape architect.
Landscape and irrigation plans shall be approved by the Community Development
Department. Landscape and irrigation construction plans shall be submitted to
the Public Works Department for review and approval by the City Engineer. The
plans are not approved for construction until they have been approved and signed
by the City Engineer, the Coachella Valley Water District, and the Riverside
County Agricultural Commissioner.
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09-21-1998-U01
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ADMIN-U01
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^ SnResolution 98-47
Conditions of Approval Final
Specific Plan 84-004, Amendment #2
May 19, 1998
52. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape
areas outside the right of way unless otherwise approved by the City Engineer.
53. Landscape areas shall have permanent irrigation improvements meeting the
requirements of the City Engineer. Use of lawn shall be minimized with no lawn
or spray irrigation within 5-feet of curbs along public streets.
54. The applicant shall ensure that landscaping plans and utility plans are coordinated
to provide visual screening of above-ground utility structures.
PUBLIC SERVICES
55. The applicant shall provide public transit amenities as required by Sunline Transit
and/or the City Engineer.
QUALITY ASSURANCE
56. The applicant shall employ construction quality-assurance measures which meet
the approval of the City Engineer.
57. The subdivider shall arrange and bear the cost of measurement, sampling and
testing not performed by the City but necessary to provide evidence that
materials and their placement comply with plans and specifications.
58. The applicant shall employ or retain California registered civil engineers,
geotechnical engineers, or surveyors, as appropriate, who will provide, or have
their agents provide, sufficient supervision and verification of the construction to
be able to furnish and sign accurate record drawings.
59. Upon completion of construction, the applicant shall furnish the City reproducible
record drawings of all plans which were signed by the City Engineer. Each sheet
of the drawings shall have the words Record Drawings," As-Built" or As-
Constructed" clearly marked on each sheet and be stamped and signed by the
engineer or surveyor certifying to the accuracy of the drawings. The applicant
shall revise the plan computer files previously submitted to the City to reflect the
as-constructed condition.
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09-21-1998-U01
09:05:42AM-U01
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98-U02
47-U02
^ SnResolution 98-47
Conditions of Approval Final
Specific Plan 84-004, Amendment #2
May 19, 1998
MAINTENANCE
60. The applicant shall make provisions for continuous and perpetual maintenance of
all required improvements unless and until expressly released from said
responsibility by the City.
FEES AND DEPOSITS
61. The applicant shall pay all deposits and fees required by the City for plan
checking and construction inspection. Deposit and fee amounts shall be those
in effect when the applicant makes application for plan checking and permits.
MISCELLANEOUS
62. The final Conditions of Approval shall be incorporated in the Final Specific Plan
document.
63. Applicant agrees to indemnify, defend, and hold harmless the City of La Quinta
in the event of any legal claim or litigation arising out the City's approval of this
project. The City of La Quinta shall have the right to select its defense counsel
at its sole discretion.
64. Fringe-Toed Lizard mitigation fees in effect at the time of permit issuance, shall
be paid Prior to land disturbance activities *i.e. grading permit).
65. Applicant shall work with staff to correct internal document inconsistencies prior
to final publication of Specific Plan document.
66. The applicant shall comply with the recommendations of the Phase II
archaeological investigation for this Specific Plan including consultation with
designated local Native American representative. If a site is determined to be
significant as a result of the Phase II investigation, the site shall be retained as
open space, capped for preservation per current acceptable methods, or
excavated for data recovery per acceptable methods. The applicant shall submit
to the City of La Quinta Historic Preservation Commission, for review and
approval, a proposal for Phase Ill archaeological mitigation as recommended by
the Phase II investigation report. A final report of all archaeological mitigation
measures shall be submitted to the Historic Preservation Commission for each
component of work, subject to a grading permit, within the specific plan area.
67. The applicant shall comply with the recommendations of the Archaeology Report
prepared by the Archaeological Research Unit in 1 995 for this project.
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09-21-1998-U01
09:05:42AM-U01
ADMIN-U01
CCRES-U02
98-U02
47-U02
^ Sn Resolution 98-47
Conditions of Approval Final
Specific Plan 84-004, Amendment #2
May19, 1998
68. During grading activities, the project site shall be monitored by a professionally
qualified archaeological monitor. The monitor is authorized to temporarily divert
or stop equipment in order to investigate and mitigate exposed cultural deposits.
A final report of the monitoring activities shall be submitted to the City's Historic
Preservation Commission for review.
69. Prior to issuance of a grading permit, the applicant shall retain a professionally
qualified paleontologist to provide monitoring of earthmoving activities, including
trenching for both on-site and off-site related work.
Prior to commencing grading activities, the paleontologist shall conduct a
preliminary survey and surface collection of any paleontological resources. The
project paleontologist shall prepare a monitoring and salvage program for review
and approval by the Community development Department prior to
implementation.
During grading activities, the project site shall be monitored by a professionally
qualified paleontologist who maintains the necessary paleontologic collecting
permits and repository agreements. In areas of known high potential, the project
paleontologist may designate a paleontologic monitor to be present during 100%
of the earth-moving activities. If, after 50% of the grading is completed, it can
be demonstrated that the level of monitoring should be reduced, the project
paleontologist may so amend the mitigation program. The paleontologic
monitor(s) is authorized to temporarily divert equipment is authorized to
temporarily divert equipment while removing fossils.
Prior to issuance of occupancy, the project paleontologist shall submit a final
report to the Community Development Director. The final report shall discuss the
methods used, results of the surface survey, identification, cataloging, curation,
and storage of fossil materials collected; and the significance of the
paleontological resources. A final report of the finds and their significance after
all operations are complete shall be reviewed by the Historic Preservation
Commission for acceptability. Acceptance of the final report for the project by
the Historic Preservation Commission signifies completion of the program of
mitigation
70. Applicant shall be allowed in Planning Area IV-Tourist Commercial, Building
Development Standards a maximum of three stories, and any building must have
a varied roof line not to exceed 40' in height.
71. Delete from the Rancho La Quinta Specific Plan page 3.10, item no.7) the
following as permitted uses: timeshare and hotel.
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09-21-1998-U01
09:05:42AM-U01
ADMIN-U01
CCRES-U02
98-U02
47-U02