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TTM 28422r ' m4 �.o em, a Qu�nMi CA 9�--153 N O Q CITY COUNCIL RESOLUTION 97-08 0 + Z A RESOLUTION OF THE CITY COUNCIL OF THE c E arc CITY OF i-A QUINTA, CALIFORNIA, GRANTING �_ a- a APPROVAL OF TENTATIVE PARCEL MAP 28422, W -J " CREATING FOUR PARCELS TO ALLOW c� ao DEVELOPMENT OF AN 81,110 SQUARE FOOT a " MIXED -USE COMMERCIAL DEVELOPMENT ON co 6 10.29 GROSS ACRES TENTATIVE PARCEL MAP 28422 LAPIS ENERGY ORGANIZATION, INC. 199827 RECEIVED FOR RECORD AT 8:00 AM MAY 19 1998 Moad.r Few s M DR WHEREAS, the Planning Commission of the City of La Quiri'ta, California, did on the 12th day of November, 1996, hold a duly noticed Public Hearing to consider Tentative Parcel Map 28422, a request to subdivide 10.29 gross acres into four parcels; and, WHEREAS, at said Public Hearing, the Planning Commission did take action to continue consideration of the Tentative Parcel Map to a regular meeting of January 14t', 1997; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 14t' day of January, 1997, did take action to recommend to the City Council approval of Tentative Parcel Map 28422; and, WHEREAS, the City Council of the City of La Quinta, California, did on the 41h day of February, 1996, conduct a continued Public Hearing, , which was duly noticed for a regular meeting of November 19', 1996 and subsequently continued to January 21 ", 1997 and February 4t", 1997, to consider said Planning Commission recommendation for Tentative Parcel Map 28422; and, WHEREAS, said application has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1.970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared an Initial Study (EA 96-328); and a Mitigated Negative Declaration has been certified; and,. WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the City Council did find the following facts, findings, and reasons to justify approval of said Tentative Parcel Map: 1. The proposed Tentative Parcel Map is consistent with the La Quinta General Plan and Specific Plan 96-028.. The division of property is necessary to allow ccreapm.28422 19982'7 Resolution 97-08 orderly development of land use designations as set forth in the General Plan, as well as to implement the proposed Specific Plan for the property. will not be detrimental to the health, safety, or general welfare of the community, either indirectly or directly, 2. The design and improvement of the proposed Tentative Parcel Map is consistent with the La Quinta General Plan and Specific Plan 96-028, in that the .parcel map provides for the required right-of-way dedications and other on and off -site improvement aspects- as necessary to support development in accordance with the provisions of Specific Plan 96-028, pursuant to City standards adopted to implement the General Plan. 3. Design and improvement of the proposed Tentative Parcel Map will not have the potential to degrade the quality of the -environment, or substantially injure fish or other wildlife, including any habitat, in that no significant impacts have been identified, and less than significant or potentially significant impacts can be addressed by the incorporated mitigation measures and standard City development requirements. 4. Design and improvement of the proposed Tentative Parcel Map are not likely to cause serious public health problems, in that the project contemplates uses similar to those already assessed under ultimate development of the La Quinta General Plan, and which were addressed in the EIR previously certified for the General Plan. 5. Design and improvement of the proposed Tentative Parcel Map will not conflict with any public easements for access or use of the property. The applicant has provided access to adjoining properties which will not conflict with any other public easements, and conditions of approval require the development of specific right-of-ways in order to improve access, both to the site and to other property in the vicinity. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California as follows: That the recitations are true and correct and constitute the findings of the City Council regarding this Tentative Parcel Map. 2. That it does hereby grant approval of Tentative Parcel Map 28422, for the reasons set forth in this Resolution and subject to approval conditions, attached hereto, as Exhibit "A" and on file in the Community Development Department. ccrestpm.*22 19982'7 PASSED, APPROVED, AND ADOPTED at a regular meeting of the La Quinta held on this V' day of February, 199.7,,by the following vote, to wit: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Holt NOES: None ABSENT: None ABSTAIN: None GLENDA L. HOLT, MAYOR City of La Quinta, California ATTEST: 6AUNDRA L. JOHOLA, City Clerk City of La Quinta, California AS TO FORM: 0. DAWN HONEYWELL, City Attorney City of La Quinta, California 199827 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ► CITY OF LA QUINTA ) I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing Resolution No. 97-08 is a full, true and correct copy as adopted by the City Council on February W', 1997. DATED: May 15, 1998 IS.UN�DRA L. JUH LA, City Clerk City of La Quinta, California ra 199827. RESOLUTION 97-08 EXHIBIT "A" CONDITIONS OF APPROVAL - FINAL TENTATIVE PARCEL MAP 28422 - LAPIS ENERGY ORGANIZATION, INC. FEBRUARY 4, 1997 1. Upon their approval by the City Council, the City Clerk is authorized to file these Conditions of Approval with the Riverside County Recorder for recordation against the property(ies) to which they apply (i.e., Assessor's Parcel Number 649-030-014). 2. Tentative Parcel Map (TPM) 28422 shall comply with the requirements and standards of § §66410-66499.58 of the California Government Code (the Subdivision Map Act) and Chapter 13 of the La Quinta Municipal Code (LQMC) unless otherwise modified by the following conditions. 3. TPM 28422 shall comply with all applicable conditions and/or mitigation measures for the following related approvals: • Environmental Assessment 96-328 • Specific Plan 96-028 • Conditional Use Permit 96-029 • Site Development Permit 96-590 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Community Development Director shall determine precedence. 4. Prior to the issuance of a grading, improvement 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 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. , 19982►7 Resolution 97-08 For projects requiring 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 an approved Storm' Water Pollution Protection Plan. 5. All aspects of this project (plan preparation, all construction phases, operations, etc.) shall be subject to and comply with the adopted Mitigation Monitoring Program and Negative Declaration (EA 96-328), as certified by the La Quinta City Council. 6. All applicable conditions of approval for TPM 28422 shall be incorporated into the revised text for Specific Plan 96-028 in the appropriate sections. The revised document shall be submitted to the Community Development Department for compliance review at the time of initial building permit submittal. 7. All easements, rights of way and other property rights required of the tentative parcel map 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 a final map or filing of a certificate of compliance for waiver of a final map. Prior to approval of a final map, grading plan, or issuance of a grading permit, the applicant shall furnish proof of temporary or permanent easements or written permission, as appropriate, from owners of any abutting properties on which any grading, retaining wall construction, permanent slopes or other encroachments are to occur. 8. The applicant shall dedicate 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. Property rights required of this development include - A. State Route 111 - 86' half of a 172' right of way B. Dune Palms Road - 55' half of 110' right of way Right of way grants shall include additional widths as necessary to accommodate additional -width improvements shown on the approved improvement plans. 19982� Resolution 97-08 If the City Engineer determines that public 4ccess rights to proposed street rights of way shown on the tentative map are necessary prior to approval of final maps dedicating the rights of way, the applicant shall grant temporary public access easements to those areas within 60 days of written request by the City. 9. The applicant shall dedicate or grant an access easement over the most southerly driveway on Dune Palms Road to the owner of the abutting property to the south. The applicant may propose easement language requiring a reciprocal easement and participation in maintenance costs from the abutting property owner. 10. The applicant shall dedicate or grant an access easement to provide an access route from the center driveway on Dune Palms Road to the property to the east. The applicant may propose easement language requiring the owner of the property to the east to construct drive improvements not constructed by the applicant and to participate in the cost of construction and maintenance of the shared portion of the access drive. Width of this easement shall be a minimum of 41 feet, with design/improvements to be determined by the City Engineer. 11. The applicant shall create perimeter setbacks, of minimum width as noted, adjacent to the following street rights of way: A State Route 11.1 - 50' B. Dune Palms Road - 20' Minimum widths may be used as average widths if meandering wall designs are approved. If public sidewalks are constructed in the setback areas, the applicant shall dedicate blanket sidewalk easements over the setbacks. 12. The applicant shall grant any easements necessary for placement of and access to utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas, including those necessary to accommodate on -site pedestrian circulation. 13. Improvement plans submitted to the City for plan cftecking shall be submitted on 24" x 36" media. On -site plans shall be submitted in the categories of "Grading, Paving and Drainage" and "Precise Grading and Plot Plan." Off -site improvements shall be submitted in the categories of "Grading," "Streets & Drainage," and "Landscaping." The "Precise Grading and Plot Plan" shall have signature blocks for the Community Development Director and the Building Official. All other 19982`7. Resolution 97-08 plans shall have signature blocks for the City Engineer. 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. 14. 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. 15 As part of the filing package for final map approval, 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. 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. 16 The applicant shall construct improvements and/or satisfy obligations, or enter into a secured agreement to construct improvements and/or satisfy obligations required by the City prior to agendization of a final map or parcel map or issuance of a certificate of compliance for a waived parcel map. For secured agreements, security provided, and the.release thereof, shall conform with Chapter 13, LQMC. 17. 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. 199827 Resolution 97-08 Estimates for utilities and other, . Woxemants 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. 18. If the applicant desires to phase improvements and obligations required by the conditions of approval and secure those phases separately, a phasing plan shall be submitted to the Public Works Department for review and approval by the City Engineer. The applicant shall complete required improvements and satisfy obligations as set forth in the approved phasing plan. Improvements and obligations required of each phase shall be completed and satisfied prior to occupancy of permanent buildings within the phase unless a construction sequencing plan for that phase is approved by the City Engineer. 19. The applicant shall pay cash or provide security in guarantee of cash payment for applicant's required share of improvements which have been or will be constructed by others (participatory improvements). This development is responsible for the following participatory improvements: A. Underground installation of existing overhead utilities. B. Ultimate improvements to the applicant's side of S.R. 111 including half of a raised landscape median (if Caltrans will not allow the widening concurrently with construction of this development). C. A raised landscape median on Dune Palms Road. The applicant's obligations for all or a portion of the participatory improvements may, at the City's option, be satisfied by participation in a major thoroughfare improvement program if this development becomes subject to such a program. 20. 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. 21. 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. In accordance with said Chapter, the 199827 Resolution 97-08 Applicant shall furnish security, in a form acceptable to the city, in an amount sufficient to guarantee compliance with the provisions of the permit. 22. The applicant shall comply with the City's flood protection ordinance. 23. The applicant shall conduct a thorough preliminary geological and soils engineering investigation and shall submit the report of the investigation ("the soils report") with the grading plan. 24. A grading plan, which may be combined with the on -site paving and drainage plan, shall be prepared by a registered civil engineer and must meet the approval of the City Engineer prior to issuance of a grading permit. The grading plan shall conform with the recommendations of the soils report and, shall be certified as adequate by a soils engineer or an engineering geologist. 25. Prior to issuance of building permits, the applicant shall provide a separate document, bearing the seal and signature of a California registered civil engineer or surveyor, that lists actual building pad elevations. The document shall list, in tabular form, the pad elevations approved on the grading plan, the as -built elevation, and the difference between the two, if any. 26. Stormwater falling on site during the peak 24-hour period of a 100-year storm shall be retained within the development. The tributary drainage area shall extend to the centerline of public streets adjacent to the development. 27. Nuisance water and storm water shall be retained in retention basin(s) or other approved retention/infiltration system(s). In design of retention facilities, the soil percolation rate shall be considered to be zero unless the applicant provides site -specific data that indicates otherwise. 28. If retention is in an open basin, a trickling sand filter and leachfield of a design approved by the City Engineer shall be installed to percolate nuisance water. The sand filter and leach field shall be sized to percolate 22 gallons per day per 1,000 square feet of drainage area. 29. Retention basin slopes shall not exceed 3:1 and depth shall not exceed six feet. 30. No fence or wall shall be constructed around retention basins except as approved by the Community Development Director and the City Engineer. 31. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow outlet and into the historic drainage relief route. 19982'7 Resolution 97-08 32. Storm drainage historically received corm adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. „ 33. Prior to approval of any final map, issuance of a certificate of compliance for a waived final map, or construction of associated common drainage improvements, the applicant/developer shall obtain permission from Desert Sands .Unified School District for drainage of stormwater from this property to retention facilities on that agency's property. 34. If stormwater retention in the area proposed for recreational vehicle parking is permitted by the City, the retention depth shall not exceed eight (8) inches. 35. 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. 36. In areas where hardscape surface improvements are planned, underground utilities shall be installed prior to construction of surface improvements. The applicant shall provide certified reports of utility trench compaction tests for approval of the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 37. The following minimum street improvements shall be constructed to conform with the General Plan street type noted in parentheses: A. State Route 111 - Major Arterial: 1) Street Improvements - Construct ultimate improvement on applicant's half of street as required by Caltrans. This work shall include a raised landscape median and six -foot -wide sidewalk. If Caltrans requires that all or a portion of the improvements be delayed until a later date, the applicant shall secure this obligation as a participatory improvement. 2) Traffic Signal at S.R. 111. and Dune Palms - relocate mast arm and pole to the ultimate location for fully -improved street conditions. It is anticipated that this work will require new pole and mast arm equipment. Make other modifications to signal as necessary to accommodate street improvements constructed with this development. 199827 Resolution 97-08 B. Dune Palms Road - Primary Arterial: 1) Construct ultimate improvement- on applicant's side of street including a six -foot -wide sidewalk. The applicant's half of the raised landscape median is a participatory improvement which will be constructed by others. Bus turnouts, acceleration/deceleration lanes, and/or other features contained in the approved construction plans may warrant additional street widths or other measures as determined by the City Engineer. 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. 38. Access points and turning movements of traffic shall be restricted as follows: A. State Route 111 - One 28' wide right-in/right-out drive at the east boundary of this development. The applicant/developer shall grant a reciprocal access easement to allow the easterly property access to this driveway. Any modifications necessary and directly related to achieving a shared access situation shall be reviewed by City staff for compliance with applicable conditions and City standards. Upon development of the east property, this driveway shall be relocated to provide 50% coverage on each property, and be done as part of the east property's improvement requirements. B. Dune Palms Road - Three access drives as follows: 1) One 30' right-in/right-out drive centered approximately 360' south of the centerline of S.R. 111 right of way. 2) One 30' right-in/right-out/left-in drive centered approximately 620' south of the centerline of S.R. 111. 3) One 40' full -access reciprocal access drive at the south end of the development which shall straddle the boundary line with the property to the south: 39. Improvements shall include all appurtenances such as traffic signs, channelization markings and street name signs. 40. 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 199827 Resolution 97-08 building construction traffic). ,Th+a:,,,minimum pavement sections shall be as follows: Residential & Parking Areas 3.0" a.c./4.50" a.b. Collector 4.0"/5.00" Secondary Arterial 4.0"/6.00" Primary Arterial 4.5"/6.00" Major Arterial 5.5"/6.50" The applicant shall submit mix designs for road base, Portland cement concrete and asphalt concrete, including complete mix. design lab results, for review and approval by the City. Construction operations shall not be scheduled until mix designs are approved. 41. The applicant shall provide public transit amenities as required by Sunline Transit and/or the City Engineer. 42. The applicant shall provide landscape improvements in the perimeter setback areas along Dune Palms Road and S.R. 111. 43. Landscape and irrigation plans for landscaped lots, landscape setback areas, medians, and retention basins shall be prepared by a licensed landscape architect. Revised landscape and irrigation plans shall be approved by the Planning Commission. 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. 44. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape areas outside the right of way. 45. 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. 46. The applicant shall ensure that landscaping plans and utility plans are coordinated to provide visual screening of above -ground utility structures. 47. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 199827 Resolution 97-08 48. 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. 49. 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 improvement plan computer files previously submitted to the City to reflect the as -constructed condition. 50. 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. 51. 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, as may be applicable to this application.