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CC Resolution 1999-063ZV RESOLUTION NO.99-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SPECIFIC PLAN DEVELOPMENT PRINCIPALS AND GUIDELINES FOR A ill 000 SQUARE FOOT SHOPPING CENTER CASE NO.: SPECIFIC PLAN 98-034 LUNDIN DEVELOPMENT COMPANY WHEREAS, the City Council of the City of La Quinta did on the 1 8th day of May, 1 999, hold a duly noticed public hearing to consider the request of LUNDIN DEVELOPMENT COMPANY for approval of development principals and guidelines for a 111 000 square foot shopping center for a Specific Plan, located at the northwest corner of Jefferson Street and 50th Avenue, more particularly described as: Portions of Section 32, T5S, R7E, SBBM WHEREAS, the Planning Commission of the City of La Quinta did on the 11th day of May, 1999, hold a duly noticed Public Hearing and adopted Planning Commission Resolution 99-033, recommending approval of Specific Plan 98-034, subject to conditions; and, WHEREAS, said Specific Plan Amendment has complied with the requirements of The Rules to Implement the California Environmental Quality Act of 1970" as amended Resolution 83-68), in that the Community Development Department has conducted an Initial Study Environmental Assessment 98-375), and determined that the proposed Specific Plan will not have a significant impact on the environment and a Mitigated Negative Declaration of Environmental Impact has been certified; and, WHEREAS, at said Public Hearing upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to justify the approval of the Specific Plan: 1. The Specific Plan, as proposed, is consistent with the goals and policies of the La Quinta General Plan in that the property is designated for Community Commercial uses, is under the floor area ratio maximum of 30, and will meet the daily needs of a multi-neighborhood area. BIB] 06-17-1999-U01 09:53:14AM-U01 ADMIN-U01 CCRES-U02 99-U02 63-U02 ZV Resolution No.99-63 9p 9B-O34ILundin Development Adopted. 5119199 Page 2 2. The Specific Plan, subject to conditions will not create conditions materially detrimental to the public health, safety, and general welfare in that development allowed under the Specific Plan is compatible with existing uses and development standards contained in the Specific Plan will ensure high quality development. 3. The Specific Plan will provide land use compatibility with zoning on adjacent properties in that the project principles and guidelines ensure that the proposed adjacent residential uses will not be negatively impacted and will service those uses. 4. The Specific Plan property is suitable and appropriate in that it is easily assessable to surrounding neighborhoods, and is adjacent to two arterial streets. 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 approve the above-described request for the reasons set forth in this Resolution, subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 1 8th day of May, 1999, by the following vote, to wit: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena NOES: None ABSENT: None ABSTAIN: None JOH J. ENA, yor City of La Quinta, California BIB] 06-17-1999-U01 09:53:14AM-U01 ADMIN-U01 CCRES-U02 99-U02 63-U02 ZV Resolution No.99-63 SP 98-Q34ILundin Development Adopted: 511 B199 Page 3 ATTEST: NDRAL. XJUH?ity Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, Ca?ifornia BIB] 06-17-1999-U01 09:53:14AM-U01 ADMIN-U01 CCRES-U02 99-U02 63-U02 ZV RESOLUTION NO.99-63 CONDITIONS OF APPROVAL FINAL SPECIFIC PLAN 98-034 LUNDIN DEVELOPMENT COMPANY MAY 18, 1999 CONDITIONS OF APPROVAL GENERAL 1. Specific Plan 98-034 shall comply with the requirements and standards of the La Quinta Municipal Code and all other applicable laws, unless modified by the following conditions. 2. The approved Specific Plan text on file in the Community Development Department, shall be revised to incorporate in the appropriate chapter and section the following conditions and all mitigation measures, with final texts 4) submitted to the Community Development Department within 30 days of final approval by the City Council. 3. Developer agrees to indemnify, defend, and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of 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. The City shall promptly notify the developer of any claim, action or proceeding and shall cooperate fully in the defense. 4. Deleted by Planning Commission on Mav 11.1 999. 5. The sign section of the final specific plan text shall be revised to show a maximum of three 3) ancillary information signs on the LuckyslSav-on building. Ancillary signs shall be defined as those identifying products not typical of a food store, such as a bank or one-hour photo. 6. A separate sign program document shall be prepared, based upon the specific plan approval, with adequate detail provided to ensure compliance with applicable code requirements and design compatibility with the center. The document shall be submitted to and approved by the Community Development Director prior to issuance of the first building permit for the center. BIB] 06-17-1999-U01 09:53:14AM-U01 ADMIN-U01 CCRES-U02 99-U02 63-U02 ZV Resolution No, 99-63 Specific PI?n 95-034 Lundin Development Adopted: 5I15?99 Pnge 2 7. Upon City Council approval, a memorandum noting that City Conditions of Approval for development applications exist and are available for review at City Hall, shall be recorded against the property with the Riverside County Recorder's office. 8. Prior to the issuance of a grading, construction or building permit, 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 CVWD) * Imperial Irrigation District lID) * California Water Quality Control Board CWQCB) 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. 9. 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 submit a copy of the Notice of Intent received from the CWQCB prior to issuance of a grading or site construction permit. The applicant shall ensure that the required Storm Water Pollution Protection Plan is available for inspection at the project site. 1 0. The applicant shall comply with the terms and requirements of the infrastructure fee program in effect at the time of issuance of building permits. FINAL MAP(S) AND PARCEL MAP(S) 11. Prior to approval of a final map or parcel 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 items so they may be fully retrieved into a basic AutoCad program. BIB] 06-17-1999-U01 09:53:14AM-U01 ADMIN-U01 CCRES-U02 99-U02 63-U02 ZV Resolution Na. 99-63 Specific Plan 96-034 Lundin Development Adopted: I1B199 Page 3 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 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. 1 2. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and landscape architects, as appropriate. Plans 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. Landscaping" plans shall normally include irrigation improvements, landscape lighting and perimeter walls. Plans for improvements not listed above shall be in formats approved by the City Engineer. 1 3. 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. 1 4. When final plans are approved by the City, the applicant shall furnish accurate AutoCad files of the complete, approved off-site and residential street and drainage plans on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items 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. 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. BIB] 06-17-1999-U01 09:53:14AM-U01 ADMIN-U01 CCRES-U02 99-U02 63-U02 ZV Resolution No.99-63 Specific Plan 98-034 Lundin Development Adopted: 5/16199 Page 4 IMPROVEMENT AGREEMENT 1 5. The applicant shall construct improvements and/or satisfy obligations, or furnish an executed, secured agreement to construct improvements and/or satisfy obligations required by the City prior to approval of any final map, parcel map, certificate of compliance, grading permit, or building permit. For secured agreements, security provided, and the release thereof, shall conform with Chapter 13, LQMC. Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 1 6. If improvements and obligations are secured, including improvement design and preparation the applicant shall provide cost estimates for checking and approval by the City Engineer. 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 other agencies shall be approved by those agencies. Security is not required for telephone, gas, or T.V. cable improvements. However, development-wide 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. 17. If improvements are phased with multiple final maps or other administrative approvals e.g., a Site Development Permit), off-site improvements and common improvements e.g., retention basins, perimeter walls & landscaping, gates) shall be constructed or secured prior to approval of the first phase unless otherwise approved by the City Engineer. Improvements and obligations required of each phase shall be completed and satisfied prior to completion of, or occupancy of permanent buildings within the phase and subsequent phases unless a construction phasing plan is approved by the City Engineer. 1 8. If the applicant fails to construct improvements or satisfy obligations in a timely manner or as specified in an approved phasing plan, the City shall have the right to halt issuance of building permits or final building inspections or otherwise withhold approvals related to the development of the project until the applicant makes satisfactory progress on the improvements or obligations or has made other arrangements satisfactory to the City. BIB] 06-17-1999-U01 09:53:14AM-U01 ADMIN-U01 CCRES-U02 99-U02 63-U02 ZV Resolution No.99-63 5pecifl? Plan 98-034 Lundin Development Adopted: 5118199 Page 5 GRADING 1 9. The applicant shall furnish a preliminary geotechnical soils") report and a grading plan prepared by a qualified engineer. The grading plan shall conform with the recommendations of the soils report and be certified as adequate by a soils engineer or engineering geologist. The plan must be approved by the City Engineer prior to issuance of a grading permit. A statement shall appear on final maps that a soils report has been prepared pursuant to Section 1 7953 of the Health and Safety Code. 20. 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. 21. The applicant shall endeavor to minimize differences in elevation at abutting properties and between separate lots within this development. Building pad elevations on contiguous lots shall not differ by more than three feet except for lots within a tract or parcel map, 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. 22. Prior to occupation of the project site for construction purposes, the applicant shall submit and receive approval of a fugitive dust control plan prepared in accordance with Chapter 6.16, LQMC. 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. DRAINAGE 23. Storm drainage historically received from adjoining property shall be retained on site or passed through to the overflow outlet. 24. In developments for which security will be provided by public safety entities e.g., the La Quinta Safety Department or the Riverside County Sheriff's Department), retention basins shall be visible from adjacent street(s). No fence or wall shall be constructed around basins unless approved by the Community Development Director and the City Engineer. BIB] 06-17-1999-U01 09:53:14AM-U01 ADMIN-U01 CCRES-U02 99-U02 63-U02 ZV Resolution No.99-63 Specific Plan 96-034 Lundin Development Adopted: 5118199 Page 6 STREET AND TRAFFIC IMPROVEMENTS 25. Prior to issuance of a grading permit, the applicant shall submit a Transportation Demand Management TDM) Plan in accordance with the City's TDM Ordinance. The applicant shall be responsible for improvements found necessary to mitigate the traffic impacts of this development. 26. The applicant shall revise the Jefferson Street frontage to provide 17 additional feet of width for dedicated turn lanes left and right) at Avenue 50. 27. The applicant shall revise the commercial entry drive throats to provide a minimum 90-foot uninterrupted length or a combination of a dedicated right turn lane and on-site throat totaling 90 feet. 28. The City is contemplating adoption of a major thoroughfare improvement program. Any property within this development which is not subdivided or does not have a current a Site Development Permit 60 days or more after the program is in effect shall be subject to the program as determined by the City. 29. Improvements shall be designed and constructed in accordance with the LQMC, adopted standards, supplemental drawings and specifications, and as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 30. Street right of way geometry for knuckle turns and corner cut-backs shall conform with Riverside County Standard Drawings #801 and #805 respectively unless otherwise approved by the City Engineer. 31. Streets shall have vertical curbs or other approved curb configurations which convey water without ponding and provide lateral containment of dust and residue for street sweeping. Unused curb cuts on any lot shall be restored to normal curbing prior to final inspection of permanent building(s) on the lot. 32. The applicant shall design street pavement sections using Caltrans? design procedure 20-year life) and site-specific data for soil strength and anticipated traffic loading including construction traffic). Minimum structural sections shall be as follows or approved equivalents for alternate materials): BIB] 06-17-1999-U01 09:53:14AM-U01 ADMIN-U01 CCRES-U02 99-U02 63-U02 ZV Resolution No, 99-63 Specific Plan 98-034 Lundin Development Adopted: 5/18/99 Page 7 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"16.00' Major Arterial 5.5"16.50'. 33. 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. 34. 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 are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of buildings within the project or when directed by the City, whichever comes first. LANDSCAPING 35. Landscape and irrigation plans for landscaped lots and setbacks, medians, and retention basins, shall be signed and stamped by a licensed landscape architect. The applicant shall submit plans for approval by the Community Development Department prior to plan checking by the Public Works Department. When plan checking is complete, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner prior to submitting for signature by the City Engineer. Plans are not approved for construction until signed by the City Engineer. 36. 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 1 8 inches of curbs along public streets. BIB] 06-17-1999-U01 09:53:14AM-U01 ADMIN-U01 CCRES-U02 99-U02 63-U02 ZV Resolution No.99-63 Specific Plan 95-034 Lundin Development Adopted: 511 BI99 Page B 37. With submission of the first site development permit or conditional use permit, whichever comes first, a preliminary landscape plan shall be submitted for Planning Commission approval. Plan to include entire perimeter of center, retention basin, parking lot area, and area immediately around buildings proposed under permit. Provide tree caliper sizes per accepted industry standards. Public sidewalks shall be meandered. Plans to include location of permanent cart return corrals proposed to be used. 38. 50th Avenue, being a Secondary Image Corridor shall reflect a low profile, indigenous canopy tree appearance. Palm trees shall be limited to node areas i.e., main entries and street intersections). 39. If the project is phased, undeveloped pads shall be turfed or landscaped and irrigated with an approved groundcover, for dust control and to enhance appearance of project. 40. Landscaping shall be provided in the area in front of the LuckyslSav-on building, as approved in the applicable Site Development Permit application. QUALITY ASSURANCE 41. The applicant shall employ construction quality-assurance measures which meet the approval of the City Engineer. 42. The applicant shall employ or retain qualified civil engineers, geotechnical engineers, surveyors, or other appropriate professionals to provide sufficient construction supervision to be able to furnish and sign accurate record drawings. 43. The applicant shall arrange and bear the cost of measurement, sampling and testing procedures not included in the City's inspection program but required by the City as evidence that construction materials and methods comply with plans and specifications. Where retention basins are installed, testing shall include a sand filter percolation test, as approved by the City Engineer, after tributary-area improvements are complete and soils have been permanently stabilized. BIB] 06-17-1999-U01 09:53:14AM-U01 ADMIN-U01 CCRES-U02 99-U02 63-U02 ZV Resolution No.99-63 Specific Plan 98-034 Lundin Development Adopted: 5118199 Page 9 44. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all public improvement plans which were signed by the City Engineer. Each sheet shall be clearly marked *`Record Drawings," As-Built" or As-Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. The applicant shall revise the CAD or raster-image files previously submitted to the City to reflect as-constructed conditions. MAINTENANCE 45. The applicant shall make provisions for continuous, perpetual maintenance of all required improvements unless and until expressly released from said responsibility by the City. This shall include formation of an association or other arrangement acceptable to the City for maintenance of retention basins, common areas and perimeter walls and landscaping. FEES AND DEPOSITS 46. The applicant shall pay the City's established fees for plan checking and construction inspection. Fee amounts shall be those in effect when the applicant makes application for plan checking and permits. 47. Prior to issuance of a grading permit or any earth moving activities, applicant shall pay a fringe-toed lizard mitigation fee of $600.00 per acre to the City of La Quinta. 48. Within 24 hours after review by the City Council, the property owner/developer shall submit to the Community Development Department two checks made out to the County of Riverside in the amount of $78.00 and $1,250.00 to permit the filing and posting of the Notice of Determination for EA 98-375 as required by the California Environmental Quality Act. ENVIRONMENTAL 49. Prior to the issuance of a grading permit or building permit or any earth moving activities, whichever comes first, the property owner/developer shall prepare and submit a written report to the Community Development Department demonstrating compliance with those mitigation measures of SP 98-034 and EA 98-375. BIB] 06-17-1999-U01 09:53:14AM-U01 ADMIN-U01 CCRES-U02 99-U02 63-U02 ZV Resolution No.99-63 Specific P!en 98-034 Lundin Development Adopted: 5/18199 Page 10 50. The project name of La Quinta Vista" shall be changed to a name not presently used in or near La Quinta. BIB] 06-17-1999-U01 09:53:14AM-U01 ADMIN-U01 CCRES-U02 99-U02 63-U02