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CC Resolution 2006-005RESOLUTION NO. 2006-005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE SUBDIVISION OF ±26.53 ACRES INTO FOUR COMMERCIAL LOTS CASE NO.: TENTATIVE PARCEL MAP 33960 APPLICANT: COSTCO WHOLESALE AND KOMAR INVESTMENTS WHEREAS, the City Council of the City of La Quinta, California, did on the 3rtl day of January, 2006, hold a duly noticed Public Hearing to consider the request of Costco Wholesale, for the subdivision of ±26.53 acres into four commercial lots, located south of Highway 111 and Depot Drive, more particularly described as: A.P.N.'S 649-030-086,649-030-087,649-030-007, AND 649-030-088; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 22ND day of November, 2005, hold a duly noticed Public Hearing and recommended approval of Costco Wholesale's request for the subdivision of ±26.53 acres into four commercial lots, located south of Highway 111 and Depot Drive; and WHEREAS, the Community Development Department has prepared a Draft Environmental Impact Report 2005-549 (State Clearinghouse #2005081060) ("DEIR"), which DEIR has been reviewed and considered by the Planning Commission, and to which the Planning Commission has adopted findings contained in Planning Commission Resolution No. 2005-058; and WHEREAS, the City Council Resolution No. 2006-002 adopting the Statement of Overriding Considerations, and has reviewed the Final EIR and adopted CEQA Findings and Statement of Facts, and the Mitigation Monitoring Program; WHEREAS, the Community Development Department published the public hearing notice in the Desert Sun newspaper on the 121h day of December, 2005, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and WHEREAS, at said public hearing, the Project materials, Final EIR, staff report, staff presentation, the applicant's presentation, and the testimony and materials submitted by interested persons during the public hearing, did establish the following facts which support a recommendation for approval of Tentative Parcel Map 33960: Resolution No. 2006-005 Tentative Parcel Map 33960 Costco Wholesale and Komar Investments Adopted: January 3, 2006 Page 2 Finding A - Consistency with the General Plan, Zoning Code and any applicable Specific Plans. The property is designated Regional Commercial and Commercial Park which allows retail, office and restaurant uses. The Land Use Element of the General Plan encourages commercial developments throughout the City. This project is consistent with the goals, policies and intent of the La Quinta General Plan. Conditions are recommended requiring on- and off -site improvements based on the City's General Plan Circulation Element provisions. All plans for buildings will be consistent with the Komar Specific Plan 2005-075 and the provisions of the Zoning Code in effect at the time building permits are acquired. The development of the project, as conditioned, will be compatible with the surrounding area. Finding B - Site Design and Improvements Infrastructure improvements to serve this project are located in the immediate area and will be extended based on the recommended Conditions of Approval. The private driveways will provide access to all proposed buildings on the site in compliance with City requirements, as prepared. Improvements on Highway 111 will be installed as required by the City's General Plar Circulation Element at the time the final map is considered pursuant to Sectior 13.20.100 of the Subdivision Ordinance. Findings C through E - Compliance with the California Environmental Quality Act Planning Commission has recommended City Council certification of Draft Environmental Impact Report 2005-539. Finding F - Public Health Concerns The design of the proposed subdivision map and related improvements are not likely tc cause serious public health problems, in that responsible agencies have reviewed the project for these issues with no significant concerns identified. The health, safety anc welfare of current and future residents can be assured based on the recommender conditions which serve to implement mitigation measures for the project. Dust control measures shall be required during any further on -site construction wore as required by Chapter 6.16 of the Municipal Code. The site is physically suitable foi the proposed land division, as the area is relatively flat and without physica constraints, and the Map design is consistent with other surrounding parcels. RESOLUTION NO. 2006-005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE SUBDIVISION OF ± 26.53 ACRES INTO FOUR COMMERCIAL LOTS CASE NO.: TENTATIVE PARCEL MAP 33960 APPLICANT: COSTCO WHOLESALE AND KOMAR INVESTMENTS WHEREAS, the City Council of the City of La Quinta, California, did on the 3`d day of January, 2006, hold a duly noticed Public Hearing to consider the request of Costco Wholesale, for the subdivision of ± 26.53 acres into four commercial lots, located south of Highway 111 and Depot Drive, more particularly described as: A.P.N.'S 649-030-086,649-030-087,649-030-007, AND 649-030-088; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 22ND day of November, 2005, hold a duly noticed Public Hearing and recommended approval of Costco Wholesale's request for the subdivision of ± 26.53 acres into four commercial lots, located south of Highway 1 1 1 and Depot Drive; and WHEREAS, the Community Development Department has prepared a Draft Environmental Impact Report 2005-543 (State Clearinghouse #2005081060) ("DEIR"), which DEIR has been reviewed and considered by the Planning Commission, and to which the Planning Commission has adopted findings contained in Planning Commission Resolution No. 2005-058; and WHEREAS, the City Council has reviewed the Final EIR and adopted Resolution No. 2006-002 adopting the CEQA Findings and Statement of Facts, Statement of Overriding Considerations, and the Mitigation Monitoring Program; and WHEREAS, the Community Development Department published the public hearing notice in the Desert Sun newspaper on the 121h day of December, 2005, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and WHEREAS, at said public hearing, the Project materials, Final EIR, staff report, staff presentation, the applicant's presentation, and the testimony and materials submitted by interested persons during the public hearing, did establish the following facts which support a recommendation for approval of Tentative Parcel Map 33960: Resolution No. 2006-005 Tentative Parcel Map 33960 Costco Wholesale and Komar Investments Adopted: January 3, 2006 Page 2 Finding A Consistency with the General Plan, Zoning Code and any applicable Specific Plans. The property is designated Regional Commercial and Commercial Park which allows retail, office and restaurant uses. The Land Use Element of the General Plan encourages commercial developments throughout the City. This project is consistent with the goals, policies and intent of the La Quinta General Plan. Conditions are recommended requiring on and off -site improvements based on the City's General Plan Circulation Element provisions. All plans for buildings will be consistent with the ,Komar Specific Plan 2005-075 and the provisions of the Zoning Code in effect at the time building permits are acquired. The development of the project, as conditioned, will be compatible with the surrounding area. Finding B - Site Design and Improvements Infrastructure improvements to serve this project are located in the immediate area and will be extended based on the recommended Conditions of Approval. The private driveways will provide access to all proposed buildings on the site in compliance with City requirements, as prepared. Improvements on Highway 1 1 1 will be installed as required by the City's General Plan Circulation Element at the time the final map is considered pursuant to Section 13.20.100 of the Subdivision Ordinance. Findings C through E - Compliance with the California Environmental Quality Act Planning Commission has recommended City Council certification of Draft Environmental Impact Report 2005-539. Finding F - Public Health Concerns The design of the proposed subdivision map and related improvements are not likely to cause serious public health problems, in that responsible agencies have reviewed the project for these issues with no significant concerns identified. The health, safety and welfare of current and future residents can be assured based on -the recommended conditions which serve to implement mitigation measures for the project. Dust control measures shall be required during any further on -site construction work as required by Chapter 6.16 of the Municipal Code. The site is physically suitable for the proposed land division, as the area is relatively flat and without physical constraints, and the Map design is consistent with other surrounding parcels. Resolution No. 2006-005 Tentative Parcel Map 33960 Costco Wholesale and Komar Investments Adopted: January 3, 2006 Page 3 Finding G - Site Design (Public Easements) Public easements will be retained and required in order to construct any buildings on the proposed lots, ensuring adequate facilities for future development in compliance with Section 13.24.100 of the Subdivision Ordinance. 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 constitute the findings of the City Council in this case; 2. That the City Council does hereby approve Tentative Parcel Map 33960 for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 3`d day of January, 2006 by the following vote: AYES: Council Members Henderson, Osborne, Sniff, Mayor Adolph NOES: None ABSENT: Council Member Perkins ABSTAIN: None s � r l DON ADOLPH, Mayor City of La Quinta California ATTEST: I JUN"�GREEK, CMC, Cify Clerk City of La Quinta, California (CITY SEAL) CITY COUNCIL RESOLUTION NO. 2006-005 CONDITIONS OF APPROVAL - FINAL TENTATIVE PARCEL MAP 33960 COSTCO WHOLESALE AND KOMAR INVESTMENTS JANUARY 3, 2005 GENERAL The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Parcel Map. 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. All Conditions of Approval for Specific Plan 2005-075 and Conditional Use Permit 2005-833 apply to the parcels created by this Tentative Parcel Map. 3. The applicant is hereby notified that prior to the issuance of any grading, construction, or building permit by the City or other agency, it may be necessary to obtain necessary clearances and/or permits from the following 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 (IID) • Sun Line Transit Agency • South Coast Air Quality Management District, Coachella Valley • Caltrans • U.S. Army Corp of Engineers (USACE) • California Department of Fish and Game (CDFG) • Colorado River Regional Water Quality Control Board (RWQCB) The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. A project -specific NPDES construction permit must be obtained by the applicant; and who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("1\101"), prior to the issuance of a grading or site construction permit by the City. Resolution No. 2006-005 Conditions of Approval - FINAL Tentative Parcel Map 33960 Komar Investments January 3, 2006 Page 2 4. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170.(Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08-DWQ. A. For construction activities including clearing, grading ,or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of Land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit to the Public Works Department a Storm Water Pollution Protection Plan ("SWPPP"). The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. 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. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 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. Resolution No. 2006-005 Conditions of Approval - FINAL Tentative Parcel Map 33960 Komar Investments January 3, 2006 Page 3 F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. 5. 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). PROPERTY RIGHTS 6. The applicant shall acquire or confer easements and other property rights necessary for the permitting, construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 7. The applicant shall offer for dedication all public street right-of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 8. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Highway 1 11 (Major Arterial — State Highway, 140' Right -of -Way) — The standard 70 feet from the centerline of Highway 1 1 1 for a total 140-foot ultimate developed right of way except for: a) An additional right of way dedication for a right turn only/deceleration lane on Highway 111 at the Highway 1 1 1 /Depot Drive of seventy eight (78') feet from the centerline and length as required by Caltrans, and b) An additional right of way dedication for a deceleration lane at the Secondary Entry driveway of seventy eight (78') feet from the centerline and length as required by Caltrans. Resolution No. 2006-005 Conditions of Approval r FINAL Tentative Parcel Map 33960 Komar Investments January 3, 2006 Page 4 c) An additional right of way dedication for a bus turnout to the east of Depot Drive as required by the SunLine Transit Agency and as approved by Caltrans. 9. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. Pursuant to this requirement, the applicant shall include in the submittal packet submitted for off -site street improvement plan checking, an offsite street geometric layout,drawn at 1 " equals 40 feet, detailing the following design aspects: median curb line, outside curb line, lane line alignment including lane widths, left turn lanes, deceleration lane(s) and bus stop turnout(s). The geometric layout shall be accompanied with sufficient professional engineering studies to confirm the appropriate length of all proposed turn pockets and auxiliary lanes that may impact the right of way dedication required of the project and the associated landscape setback requirement. 10. When the City Engineer determines that access rights to the proposed street right-of-ways shown on the approved Tentative Parcel Map are necessary, the applicant shall grant the necessary -right-of-ways within 60 days of a written request by the City. 11. The applicant shall create perimeter landscaping setbacks along all public right- of-ways as follows: A. Highway 1 1 1 (Major Arterial — State Highway) - 50-foot from the Right - of -Way -Property Line. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 12. Direct vehicular access to Highway 1 1 1 from parcels with frontage along Highway 111 is restricted; except for those access points identified on the Tentative Parcel Map site plan, or as otherwise conditioned in these conditions of approval. Resolution No. 2006-005 Conditions of Approval - FINAL Tentative Parcel Map 33960 Komar Investments January 3, 2006 Page 5 13. The applicant shall commit to provide reciprocal accesses to adjacent properties at a reasonably feasible location along the project's western and eastern boundary, to be determined by the Public Works Director if and when he or she determines that such reciprocal access promotes good area traffic circulation and does not overly burden the Komar Desert Center site. When future development of the adjacent properties has been established, the City Engineer may determine that said reciprocal access or accesses are not warranted and shall issue a written notice canceling this requirement. 14. 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. 15. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Parcel Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. 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. 16. 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 Section 13.24.040 (Improvement Plans), LQMC. 17. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. Resolution No. 2006-005 Conditions of Approval - FINAL Tentative Parcel Map 33960 Komar Investments January 3, 2006 Page 6 A. On -Site Rough Grading Plan 1 40' Horizontal B. PM 10 Plan 1 " = 40' Horizontal C. SWPPP 1 40' Horizontal NOTE: A through C to be submitted concurrently. D. Off -Site Street Improvement/Storm Drain Plan 1 " - 40' Horizontal, 1 ° 4' Vertical E. Off -Site Signing & Striping Plan 1 " = 40' Horizontal The Off -Site street improvement plans shall have separate plan sh.eet(s) (drawn at 20 scale) that show the meandering sidewalk, mounding, and berming design in the combined parkway and landscape setback area. F. Traffic Signal Modification Plan 1 " = 20' Horizontal G. Off -Site Median Landscaping Plans 1 " = 40' Horizontal NOTE: D through G to be submitted concurrently. Caltrans approval required for all work within Highway 1 1 1 right of way. H. Precise Grading Non -Residential Plan 1 " = 30' Horizontal 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. All On -Site Signing & Striping Plans shall show, at a minimum: Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. ."Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1 foot of cover, or sufficient cover to clear any adjacent obstructions. The applicant shallprepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and noting the 2001 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 Engineering Department in conjunction with the Site Development Plan when it is submitted for plan checking. Resolution No. 2006-005 Conditions of Approval - FINAL Tentative Parcel Map 33960 Komar Investments January 3, 2006 Page 7 "Precise Grading Non -Residential" plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and ADA requirements. 18. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the Online Engineering Library at the City website (www.la-quinta.org). Navigate to the Public Works Department home page and look for the Online Engineering Library hyperlink. 19. The applicant shall furnish a complete set of the AutoCAD files of all approved improvement plans on a storage media acceptable to the City Engineer. The files shall be saved in a standard AutoCAD format so they may be fully retrievable through a basic AutoCAD program. At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the AutoCAD files in order to reflect the as -built conditions. Where the improvement plans were not produced in a standard AutoCAD format, or a file format that can be converted to an AutoCAD format, the City Engineer will accept raster -image files of the plans. IMPROVEMENT SECURITY AGREEMENTS 20. Upon approval of Site Development Permit 2005-833, the applicant shall complete the parcel map process to establish the parcels. The following conditions (Condition 21 through 25) will be applicable to finalizing the final parcel map. 21. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. Resolution No. 2006-005 Conditions of Approval - FINAL Tentative. Parcel Map 33960 Komar Investments January 3, 2006 Page 8 When improvements are phased through a "Phasing Plan," or an administrative approval (e.g., Site Development Permits), all off -site improvements and common on -site improvements (e.g., backbone utilities, retention basins; perimeter walls, landscaping and gates) shall be constructed, or secured through a Subdivision Improvement Agreement, prior to the issuance of any permits in. the first phase ,of the development, or as otherwise approved by the City Engineer. Improvements and obligations required of each subsequent phase shall either be completed, or secured through a Subdivision Improvement Agreement prior to the occupancy of permanent buildings within such latter phase, or as otherwise approved by the City Engineer. In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 221. Depending on the timing of the development of the Parcel Map, and the status of the off -site improvements at the time, the applicant may be required to construct all off -site improvements as itemized below: A. OFF -SITE STREETS 1) Highway 1 1 1 (Major Arterial - State Highway, 140' ROW ): Widen the south side of the street along all frontage adjacent to the Specific Plan boundary to its ultimate width on the south side as specified in the General Plan, the requirements of these conditions and as required by Caltrans. The south curb face shall be located fifty eight feet (58') south of the centerline, except at locations where additional street width is needed to accommodate: a) A deceleration/right turn only lane on Highway 111 at the Highway 1 1 1 /Depot Drive intersection. The south curb face shall be located sixty eight (68') south of the centerline and length as approved by Caltrans. b► A deceleration/right turn only lane at the Secondary Entry Driveway. The south curb face shall be located sixty eight feet (68') south of the centerline and length as approved by Caltrans. Resolution No. 2006-005 Conditions of Approval - FINAL Tentative Parcel Map 33960 Komar Investments January 3, 2006 Page 9 c) A bus turnout on Highway 111 east of the Highway 111 /Depot Drive intersection as required by SunLine Transit Agency and as approved by Caltrans. Other required improvements in the Highway 111 right or way and/or adjacent landscape setback area include: d) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. e) 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that either touches the back of curb or approaches within five feet of the curb at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet, and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed 250 feet. f) Modify the existing traffic signal at the Highway 111 and Depot Drive intersection to accommodate for a dual left turn for northbound Depot Drive traffic to westbound Highway 111 , a dual left turn for westbound Highway 111 to southbound Depot Drive, and any ancillary street improvements conditioned herewith and as approved by Caltrans. g) A bus shelter on the south side of Highway 1 1 1, west of Depot Drive to be constructed in accordance with the City's Highway 111 Design Guidelines. h) A 24 - foot wide raised landscaped median along the entire boundary of the Specific Plan plus variable width as needed to accommodate a dual left turn for the westbound Highway 111 turning left to southbound Depot Drive. The length shall be as required by Caltrans but a minimum 250 feet. The raised landscaped median may be deferred until the City of La Quinta's Highway 111 Widening project from Adams Street to Jefferson Street as required by Caltrans and the City Engineer. The applicant may perform interim intersection and signal improvements at the Highway 1 11 and Depot Drive intersection as approved by the City Engineer. As a minimum, the applicant shall provide split phase traffic signal operation for northbound and southbound Depot Drive traffic and relocate the north -south crosswalk crossing Highway 111 to the east side of the intersection. Ultimate street improvements and signal modification shall be implemented once sufficient right of way is obtained to accommodate all turn movements per Item f above. Resolution No. 2006-005 Conditions of Approval - FINAL Tentative Parcel Map 33960 Komar Investments January 3, 2006 Page 10 Off -Site Improvements should be completed on a first priority basis. The applicant shall complete Off -Site Improvements in the first phase of construction. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map, or the issuance of any permit related thereto, reimburse the City for the costs of such. improvements. 23. If the applicant elects to utilize the secured agreement. alternative, the applicant shall submit detailed construction cost estimates for all proposed on -site and off -site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule adopted by City resolution, or ordinance. For items not listed in the City's unit cost schedule, the proposed unit costs shall be approved by the City Engineer. At the time the applicant submits its detailed construction cost estimates for conditional approval of the Final Map by the City Council, the applicant shall also submit one copy each of an 8-1 /2" x 11 reduction of each page of the Final Map, along with a copy of an 8-1 /2" x 11 " Vicinity Map. Estimates for improvementsunderthe jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. 24. Security will not be required for telephone, natural gas, or Cable T.V. improvements. 25. 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. Resolution No. 2006-005 Conditions of Approval - FINAL Tentative Parcel Map 33960 Komar Investments January 3, 2006 Page 11 GRADING 26. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 27. 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. 28. 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 qualified engineer, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC, and D. A Best Management Practices report prepared in accordance with Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), LQMC. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. A statement shall appear on the Grading Plan(s) that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 29. 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. 30. 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 requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for Resolution No. 2006-005 Conditions of Approval - FINAL Tentative Parcel Map 33960 Komar Investments January 3, 2006 Page 12 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 0 8") behind the curb. 31. The applicant shall abandon any existing wells within the Tentative Parcel Map boundaries as approved.by CVWD and the City Engineer. 32. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative parcelmap, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 33. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus three tenths of a foot from the elevations shown on the approved Tentative Parcel Map, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 34. 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. 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 35. Stormwater handling shall conform with the approved ,hydrology and drainage report for Komar Desert Center. The tributary drainage area shall extend to the centerline of adjacent public streets and include any resulting uncaptured tributary stormwater flows. Nuisance water shall be retained on site and shall be disposed of in a system approved by the City Engineer and CVWD. 36. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. Resolution No. 2006-005 Conditions of Approval - FINAL Tentative Parcel Map 33960 Komar Investments January 3, 2006 Page 13 37. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 38. When an applicant proposes discharge of storm water directly, or indirectly, into the Coachella Valley Stormwater Channel, the applicant shall indemnify the City from the costs of any sampling and testing of the development's drainage discharge which may be 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. The indemnification shall be executed and furnished to the City prior to the issuance of any grading, construction or building permit, and shall be binding on all heirs, executors, administrators, assigns, and successors in interest in the land within this tentative parcel map excepting therefrom those portions required to be dedicated or deeded for public use. The form of the indemnification shall be acceptable to the City Attorney. If such discharge is approved for this development, the applicant shall make provisions in the final development CC&Rs for meeting these potential obligations. 39. The applicant shall comply with the provisions of Section 13.24.1 10 (Utilities), LQMC. 40. 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. 41. 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. 42. 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. Resolution No. 2006-005 Conditions of Approval - FINAL Tentative Parcel Map 33960 Komar Investments January 3, 2006 Page 14 The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 43. The applicant shall comply with the provisions of Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties And Development), LQMC for public streets; and Section 13.24.080 (Street Design Private Streets), where private streets are proposed. 44. The applicant shall construct the following street improvements to conform with the City of La Quinta General Plan (street type noted in parentheses:) A. OFF -SITE STREETS 1) Highway 111, (Major Arterial - State Highway, 140' ROW ): Widen the south side of the street along all frontage adjacent to the Specific Plan boundary to its ultimate width on the south side as specified in the City of La Quinta General Plan, the requirements of these conditions and as required by Caltrans. The south curb face shall be located fifty eight feet (58') south of the centerline, except at locations where additional street width is needed to accommodate: A deceleration/right turn only lane on Highway 111 at the Highway 111 /Depot Drive intersection. The south curb face shall be located sixty six (66') south of the centerline and length as approved by Caltrans. a) A deceleration/right turn only lane at the Secondary Entry Driveway. The south curb face shall be located- sixty six feet (66') south of the centerline and length as approved by Caltrans. b) A bus turnout on Highway 111 east of the Highway 111 /Depot Drive intersection as required by SunLine Transit Agency and as approved by Caltrans. Other required improvements in the Highway 111 right or way and/or adjacent landscape setback area include: Resolution No. 2006-005 Conditions of Approval - FINAL Tentative Parcel Map 33960 Komar Investments January 3, 2006 Page 15 c) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. d) 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that either touches the back of curb or approaches within five feet of the curb at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed 250 feet. e) Modify the existing traffic signal at the Highway 1 1 1 and Depot Drive intersection to accommodate for a dual left turn for northbound Depot Drive traffic to westbound Highway 1 1 1, a dual left turn for westbound Highway 11 1 to southbound Depot Drive, and any street improvements conditioned herewith and as approved by Caltrans. f) A bus shelter on the south side of Highway 1 1 1 , west of Depot Drive to be constructed in accordance with the City's Highway 1 1 1 Design Guidelines. g) A 24-foot wide raised landscaped median along the entire boundary of the Specific Plan plus variable width as needed to accommodate a dual left turn for the westbound Highway 1 1 1 turning left to southbound Depot Drive. The length shall be as required by Caltrans but a minimum 250 feet. The raised landscaped median may be deferred until the City of La Quinta's Highway 1 1 1 Widening project from Adams Street to Jefferson Street as required by Caltrans and the City Engineer. Resolution No. 2006-005 Conditions of Approval - FINAL Tentative Parcel Map 33960 Komar Investments January 3, 2006 Page 16 The applicant shall install interim intersection and signal improvements at the Highway 1 1 1 and Depot Drive intersection as approved by the City Engineer. As a minimum, the applicant shall provide split phase traffic signal operation for northbound and southbound Depot Drive traffic and relocate the north -south crosswalk crossing Highway 111 to the east side of the intersection. Ultimate street improvements and signal modification shall be implemented once sufficient right of way is obtained to accommodate all turn movements per Item f above. The applicant shall extend improvements beyond the tentative parcel map boundaries to ensure they safety integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). Pursuant to this condition, the applicant shall construct street improvements along the north leg of the Highway 1 1 1 /Depot Drive intersection including signing and striping and signal modification required for the ultimate street improvement configuration but excluding additional property acquisition for right-of-way. The applicant is responsible for construction of all improvements mentioned above. Entry drives, main interior circulation routes, corner cutbacks, bus turnouts, dedicated turn lanes and other features shown on the approved construction plans, may require additional street widths as may be determined by the City Engineer. 45. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows and shall be increased based on a geotechnical report for the development: Parking Lot (Low Traffic Areas) 3.0" a.c./4.5" c.a.b. Parking Lot (High Traffic Areas) 4.5" a.c /5.5" c.ab. Major Arterial State Highway Per Caltrans or the approved equivalents of alternate materials. Resolution No. 2006-005 Conditions of Approval - FINAL Tentative Parcel Map 33960 Komar Investments January 3, 2006 Page 17 46. 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. 47. General access points and turning movements of traffic are limited to the following: A. Primary Entry on Highway 1 11 at Depot Drive: All turn movements are permitted at this existing signalized intersection. B. Secondary Entry Driveway: Right turn in and out movements are permitted. Left turn out and in movement is prohibited. 48. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. 49. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, and parking areas shall be stamped and signed by qualified engineers. PARKING LOTS and ACCESS POINTS 50. 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. B. ADA accessibility routes between opposite Handicap Stalls shall be a minimum of 4 feet. C. Cross slopes should be a maximum of 2% where ADA accessibility is required including accessibility routes between buildings. Resolution No. 2006-005 Conditions of Approval - FINAL Tentative Parcel Map 33960 Komar Investments January 3, 2006 Page 18 D. Building access points shall be shown on the Precise Grading Plans to better evaluate ADA accessibility issues. 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. 51. A 6-foot wide landscaped median shall be constructed in the main circulation entry driveway from Highway 111 to the Costco Fueling Station drive aisle located approximately 400 feet from the Highway 111 centerline. Stop conditions from drive aisles accessing the main circulation entry driveway shall be implemented at this location and at the terminus located approximately 600 feet. from the Highway 111 centerline. A three way stop may be implemented at the latter intersection if required by the City Engineer. CONSTRUCTION 52. The City will conduct final inspections of habitable buildings only when the buildings have access to publicly -maintained streets. The improvements shall include required traffic control devices, pavement markings and signage. LANDSCAPING 53. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 54. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and parking areas. 55. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 56. The applicant shall submit the landscape plans for approval by the Community Development Department (CDD), prior to plan checking by the Public Works Department. When plan checking has been completed by CDD, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the City Engineer. Resolution No. 2006-005 Conditions of Approval - FINAL Tentative Parcel Map 33960 Komar Investments January 3, 2006 Page 19 NOTE: Plans are not approved for construction until signed by the City Engineer. 57. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 18 inches of curbs along public streets. QUALITY ASSURANCE 58. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 59. The applicant shall employ, or retain, qualified engineers, surveyors, and such other appropriate professionals as are required to provide the expertise with which to prepare and sign accurate record drawings, and to provide adequate construction supervision. 60. The applicant shall arrange for, and bear the cost of, all measurements, sampling and testing procedures not included in the City's inspection program, but which may be required by the City, as evidence that the construction materials and methods employed comply with the plans, specifications and other applicable regulations. 61. Upon completion of construction, 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," "As -Built" or "As -Constructed 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 AutoCAD or raster -image files previously submitted to the City, revised to reflect the as -built conditions. MAINTENANCE 62. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 63. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. Resolution No. 2006-005 Conditions of Approval - FINAL Tentative Parcel Map 33960 Komar Investments January 3, 2006 Page 20 FEES AND DEPOSITS 64. The applicant shall comply with the provisions of Section 13.24.180 (Fees and Deposits), LQMC. 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. 65. 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). ENVIRONMENTAL MITIGATION 66. All Environmental Mitigation Measures contained in the Draft Environmental Impact Report 2005-543 shall be complied with.