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CC Resolution 2008-049RESOLUTION NO. 2008-049 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING APPROVAL OF A ONE-YEAR TIME EXTENSION FOR TENTATIVE TRACT 34038, DIVIDING ± 1.23 ACRES INTO ONE CONDOMINIUM LOT CASE NO. TENTATIVE TRACT MAP 34038, TIME EXTENSION 1 APPLICANT: BORREGO RESORT HOLDINGS, INC. WHEREAS, the City Council of the City of La Quinta, California, did on the 15T" day of July, 2008, hold a duly -noticed Public Hearing to consider a request for a one-year time extension for Tentative Tract 34038, a request to subdivide ± 1 .23 acres into one condominium lot, to allow development of 20 residential airspace condominium units, located on the south side of Calle Tampico, between Avenida Villa and Avenida Navarro, more particularly described as: LOTS 3 THROUGH 11, BLOCK 123, SANTA CARMELITA AT VALE LA QUINTA, UNIT 14, MAP BOOK 18/82-83 WHEREAS, the City Council of the City of La Quinta, California, did on the 2nd day of May, 2006, adopt Resolution 2006-049, approving Tentative Tract Map 34038, subject to a two-year approval and subject to conditions; and, WHEREAS, the La Quinta Planning Department has prepared Environmental Assessment 2005-552, and it was determined by the City Council that, although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures incorporated into the project approval will mitigate or reduce any potential impacts to a level of non - significance; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, the La Quinta City Council did make the following findings to justify approval of Tentative Tract 34038: 1 . The proposed Tentative Tract Map 34038 is consistent with the City's General Plan, as amended, with the implementation of Conditions of Approval to provide for adequate storm water drainage, street improvements and other infrastructure improvements. The map is consistent with the adopted Village Commercial land use designation, which does allow a residential density of up to 16 dwelling units per acre, as set forth in the La Quinta General Plan Land Use Element. Resolution No. 2008-049 Tentative Tract 34038, Ext. 1 Borrego Resort Holdings, Inc. Adopted: July 15, 2008 Page 2 2. The design and improvements of the proposed Tentative Tract Map 34038 are consistent with the City's General Plan, with the implementation of recommended conditions of approval to ensure proper improvements and timing of their construction. 3. As conditioned, the design of Tentative Tract 34038 and type of improvements, acquired for access through, or use of, property within the proposed subdivision will not conflict with such easements. 4. The design of Tentative Tract 34038 and type of improvements are not likely to cause serious public health problems, in that this issue was considered in Environmental Assessment 2005-552, in which no health or safety impacts were identified for the proposed project that could not be mitigated to a level of non -significance. 5. The site for Tentative Tract 34038 is physically suitable for the proposal as natural slopes do not exceed 20%, and there are no identified geological or other physical constraints on the property that would prevent development of the subdivision. 6. The proposed site for Tentative Tract 34038 provides for the necessary right-of- way and construction of off -site improvements associated with this parcel, as required under the La Quinta General Plan. All adjacent perimeter street rights - of -way are in place, and only transitional off -site improvements will be necessary. 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 it does hereby require compliance with those mitigation measures specified by Environmental Assessment 2005-552, prepared for Tentative Tract Map 34038; 3. That it does grant approval of a one-year time extension for Tentative Tract Map 34038, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. Resolution No, 2008-049 Tentative Tract 34038, Ext. 1 Borrego Resort Holdings, Inc. Adopted: July 15, 2008 Page 3 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 15" day of July, 2008, by the following vote to wit: AYES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None DON ADOLVH, Mayer) City of La Quinta, California ATTEST: VERONICA J.,WONTECINO, CIVIC, City Clerk City of La Qinta, California (SEAL) APPROVED AS TO FORM: i WLK A HE NE JENS N, ity Attorney City of La Quinta, C i rnia CITY COUNCIL RESOLUTION NO. 2008-049 EXHIBIT "A" CONDITIONS OF APPROVAL - FINAL TENTATIVE TRACT 34038, TIME EXTENSION 1 CASA LA QUINTA — BORREGO RESORT HOLDINGS, INC. July 15, 2008 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 Tract Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Tentative Tract Map, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act'), and Title 13 of the La Quinta Municipal Code (LQMC). 3. Tentative Tract 34038 shall comply with all applicable conditions and/or mitigation measures for the following related approvals: • Environmental Assessment 2005-552 • Specific Plan 2005-076 • Village Use Permit 2005-030, Ext. 1 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Planning Director shall determine precedence. 4. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain the necessary clearances and/or permits from the following agencies, if required: • Fire Marshal • Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Improvement Permit) • La Quinta Planning Department • Riverside County Environmental Health Department • Desert Sands Unified School District (DSUSD) • Coachella Valley Water District (CVWD) Resolution No. 2008-049 Conditions Of Approval - FINAL Tentative Tract 34038, Ext. 1 Casa La Quinta - 8orrego Resort Holdings, Inc. July 15, 2008 Page 2 • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency • South Coast Air Quality Management District Coachella Valley(SCAQMD) The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvement 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 ("NOI"), prior to the issuance of a grading or site construction permit by the City. 5. The applicant shall comply with applicable provisions of the City's NPDES storm water discharge permit, LQMC Sections 8.70.010 et seq. (Storm water Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; the California Region Board Order No. 117-2008-001, 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 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. Resolution No. 2008-049 Conditions Of Approval - FINAL Tentative Tract 34038, Ext. 1 Casa La Quinta - Borrego Resort Holdings, Inc. July 15, 2008 Page 3 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") (LQMC Section 8.70.020 (Definitions)): 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. 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. Additionally, the applicant shall comply with applicable provisions for post -construction runoff per the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et. Seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and the California Regional Water Quality Control Board - Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2008-001. G. For post -construction urban runoff from New Development and Redevelopments Projects, the applicant shall implement requirements of the NPDES permit for the design, construction and perpetual operation and maintenance of BMPs per the approved Water Quality Management Plan (WQMP) for the project. Resolution No. 2008-049 Conditions Of Approval - FINAL Tentative Tract 34038, Ext. 1 Casa La Quints - Borrego Resort Holdings, Inc. July 15, 2008 Page 4 H. Applicable discretionary New Development and Redevelopment Projects (Priority Development Projects) shall include: 1) Single-family hillside residences that create 10,000 square feet, or more, of impervious are where the natural slope is twenty-five percent (25%) or greater, including single-family hillside residences that create 10,000 square felt of impervious area where the natural slope is ten percent (10%) or greater where erosive soil conditions are known; 2) 100,000 square foot commercial and industrial development; 3) Automotive repair shops (with Standard Industrial Classification ("SIC") codes 5013, 7532, 7533, 7534, 7537, 7538, and 7539); 4) Retail gasoline outlets disturbing greater than 5,000 square feet; 5) Restaurants disturbing greater than 5,000 square feet; 6) Home subdivisions with 10 or more housing units; and 7) Parking Lots 5,000 square feet or more or with 25 or more parking spaces and potentially exposed to urban runoff. The applicant shall implement the WQMP Design Standards per (CRWQCB-CRB) Region Board Order No. R7-2008-0001 utilizing BMPs approved by the City Engineer. 6. Approval of this Tentative Tract Map shall not be construed as approval for any horizontal dimensions implied by any site plans or exhibits unless specifically identified in the following conditions of approval =_ [ON e11 11115=1re1710 7. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. Said conferred rights shall also include grant of Resolution No. 2008-049 Conditions Of Approval - FINAL Tentative Tract 34038, Ext. 1 Casa La Quinta - Borrego Resort Holdings, Inc. July 15, 2008 Page 5 access easement to the City of La Quinta for the purpose of graffiti removal by City staff or assigned agent in perpetuity and agreement to the method to remove graffiti and to paint over to best match existing. The applicant shall establish the aforementioned requirements in the CC&R's for the development or other agreements as approved by the City Engineer. Pursuant to the aforementioned, the applicant shall submit an "AUTHORIZATION TO REMOVE GRAFFITI FROM PRIVATE PROPERTY" form located at the Public Works Department Counter prior to Certificate of Occupancy. 8. The applicant shall offer for dedication on the Final Map 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. 9. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS Calle Tampico (Primary Arterial - Option B, 100' ROW) — No additional right of way dedication is required from the standard 50 feet from the Centerline of Calle Tampico for a total of 100-foot ultimate developed right-of-way. 2. Avenida Villa (west frontage), Avenida Navarro (Local Streets, 60' ROW) — No additional right of way dedication is required from the standard 30 feet from the centerline of the street for a total of 60- foot ultimate developed right-of-way. 3. Avenida Villa (south frontage) (Local Street, 60' ROW) — The standard 30 feet from the centerline of Avenida Villa for a total 60- foot ultimate developed right-of-way. 10. The applicant shall create perimeter landscaped setbacks along all public rights -of way as follows: A. Calle Tampico (Primary Arterial) — 20 feet from right-of-way/property line. Resolution No. 2008-049 Conditions Of Approval - FINAL Tentative Tract 34038, Ext. 1 Casa La Quinta - Borrego Resort Holdings, Inc. July 15, 2008 Page 6 The setback requirement shall apply to all frontages including, but not limited to, remainder parcels, right-of-way reversions, 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. 11. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, and common areas on the Final Map. 12. Direct vehicular access to Calle Tampico, Avenida Villa, and Avenida Navarro from TT 34038 is restricted, except for the entry drive access from Avenida Villa, which shall be shown on the recorded Final Map, along with the other vehicular access restrictions. 13. 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. 14. 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 Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. FINAL MAPS 15. Prior to the City's approval of a Final Map, the applicant shall furnish accurate mylars of the Final Map that were approved by the City's map checker on a storage media acceptable to the City Engineer. The Final Map shall be 1 40' scale. IMPROVEMENT PLANS 16. 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. Resolution No. 2008-049 Conditions Of Approval - FINAL Tentative Tract 34038, Ext. 1 Casa La Quints - Borrego Resort Holdings, Inc. July 15, 2008 Page 7 17. 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. 18. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the "Plans, Notes and Design Guidance" section of the Public Works Department at the City website (www.la-quinta.org). Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. 19. The applicant shall furnish a complete set of the mylars of all approved improvement plans on a storage media acceptable to the City Engineer. 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 approved mylars previously submitted to the City, revised to reflect the as -built conditions. The applicant shall employ or retain the Engineer Of Record during the construction phase of the project so that the EOR. can make site visits in support of preparing As Built drawings. However, if subsequent approved revisions have been approved by the City Engineer and reflect said "As -Built" conditions, the Engineer Of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. IMPROVEMENT SECURITY AGREEMENTS 20. Prior to the approval of any Final Map, the applicant shall construct all on and off -site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement ("SIA") guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 21. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Resolution No. 2008-049 Conditions Of Approval - FINAL Tentative Tract 34038, Ext. 1 Casa La Quinta - Borrego Resort Holdings, Inc. July 15, 2008 Page 8 Tract Map, shall comply with the provisions of Chapter 13.28 (Improvement Security), LQMC. 22. 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. 23. Depending on the timing of the development of this Tentative Tract Map, and the status of the off -site improvements at the time, the applicant may be required to: A. Construct certain off -site improvements. B. Construct additional off -site improvements, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this tentative tract map. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these means, as the City may require. 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. 24. 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. Resolution No. 2008-049 Conditions Of Approval - FINAL Tentative Tract 34038, Ext. 1 Casa La Quinta - Borrego Resort Holdings, Inc. July 15, 2008 Page 9 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 improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. 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. C;RAnmr. 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 or architect, 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. Resolution No. 2008-049 Conditions Of Approval - FINAL Tentative Tract 34038, Ext. 1 Casa La Quinta - Borrego Resort Holdings, Inc. July 15, 2008 Page 10 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 Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. 29. 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. 30. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform to 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 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 (6) of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1 .5") in the first eighteen inches (18") behind the curb. 31. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 32. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus five tenths of a foot (0.5') from the elevations shown on the approved Tentative Tract Map, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. Resolution No. 2008-049 Conditions Of Approval - FINAL Tentative Tract 34038, Ext. 1 Casa La Quinta — Borrego Resort Holdings, Inc. July 15, 2008 Page 11 33. 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. 34. This development shall comply with Chapter 8.11 (Flood Hazard Regulations), LQMC. If any portion of any proposed building lot in the development is or may be located within a flood hazard area as identified on the City's Flood Insurance Rate Maps, the development shall be graded to ensure that all floors and exterior fill (at the foundation) are above the level of the project (100-year) flood and building pads are compacted to 95% Proctor Density as required in Title 44 of the Code of Federal Regulations, Section 65.5(a) (6). Prior to issuance of building permits for lots which are so located, the applicant shall furnish elevation certifications, as required by FEMA, that the above conditions have been met. DRAINAGE 35. Stormwater handling shall conform with the approved hydrology and drainage report for this Tentative Tract Map. The applicant shall comply with the provisions of Section 13.24.120 (Drainage), Retention Basin Design Criteria, Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The design storm shall be either the 1 hour, 3 hour, 6 hour or 24 hour event producing the greatest total run off. 36, Nuisance water shall be retained on site. Nuisance water shall be disposed of per approved methods contained in Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. Resolution No. 2008-049 Conditions Of Approval - FINAL Tentative Tract 34038, Ext. 1 Casa La Quints - 8orrego Resort Holdings, Inc. July 15, 2008 Page 12 37. As preliminary exploratory soils borings indicate no percolation for existing soils, the percolation rate will be considered to be zero. 38. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 39. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. UTILITIES 40. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 41. 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. 42. All proposed utilities shall be installed underground. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. 43. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. Resolution No. 2008-049 Conditions Of Approval - FINAL Tentative Tract 34038, Ext. 1 Casa La Quints - Borrego Resort Holdings, Inc. July 15, 2008 Page 13 STREET AND TRAFFIC IMPROVEMENTS 44. 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. 45. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses): A. OFF -SITE STREETS 1) Calle Tampico (Primary Arterial — Option B; 100' R/W): a) No additional widening on the south side of the street along all frontage adjacent to the Tentative Map boundary. 2). Avenida Villa (along west project boundary) (Local Street, 60' ROW): a) No additional widening on the east side of Avenida Villa along all frontage adjacent to the Tentative Map boundary. Other required improvements in the Avenida Villa right of way and/or adjacent landscape setback area include: b) A minimum 6-foot wide sidewalk along the existing back of curb with tree wells at the curb side and as approved by the Public Works Director and the Planning Director. As the tree well encroaches into the Public Utility Easement, the applicant shall obtain approval of all utility purveyors prior to approval of the sidewalk/streetscape design. 3). Avenida Navarro (Local Street, 60' ROW): a) No additional widening on the west side of the street along all frontage adjacent to the Tentative Map boundary. Other required improvements in the Avenida Navarro right of way and/or adjacent landscape setback area include: Resolution No. 2008-049 Conditions Of Approval - FINAL Tentative Tract 34038, Ext. 1 Casa La Quints - Borrego Resort Holdings, Inc. July 15, 2008 Page 14 b) A minimum 6-foot wide sidewalk along the existing back of curb with tree wells at the curb side and as approved by the Public Works Director and the Planning Director. As the tree well encroaches into the Public Utility Easement, the applicant shall obtain approval of all utility purveyors prior to approval of the sidewalk/streetscape design. c) Curb ramp and intersection curb return per City of La Quinta standards. d) Curb ramp, curb and curb return at the southerly boundary of the adjacent office building as approved by the City Engineer. 4)• Avenida Villa (along the south project boundary) (Local Street, 60' ROW): a) No additional widening on the north side of the street along all frontage adjacent to the Tentative Map boundary. Other required improvements in the Avenida Villa right of way and/or adjacent landscape setback area include: b) A minimum 6-foot wide sidewalk along the existing back of curb with tree wells at the curb side and as approved by the Public Works Director and the Planning Director. As the tree well encroaches into the Public Utility Easement, the applicant shall obtain approval of all utility purveyors prior to approval of the sidewalk/streetscape design. c) Curb ramp and intersection curb return per City of La Quinta standards. The applicant shall extend improvements beyond the development boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 46. The proposed gated entry to the below ground parking garage shall be designed to have guest parking access via a pedestrian call box method to alleviate stacking at the gated entry and backing out onto Avenida Villa due Resolution No. 2008-049 Conditions Of Approval - FINAL Tentative Tract 34038, Ext. 1 Casa La Quinta - Borrego Resort Holdings, Inc. July 15, 2008 Page 15 to refusal, as approved by the City Engineer. Additionally, the applicant shall apply for a 2-car Loading/Stopping Zone on Avenida Villa for temporary parking of visitor's vehicles to comply with the aforementioned pedestrian call box access entry. The applicant shall design the gate speed for rapid entry of the visitors and residents. Resident access shall be via transponder actuation to alleviate stacking at the gated entry. Operation and maintenance the of gated entry shall be incorporated into the project CC&R's. 47. 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. 48. General access points and turning movements of traffic are limited to the following: A. Primary Entry (Avenida Villa along westerly property boundary) - All turn movements are permitted. 49. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. 50. 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, access gates and parking areas shall be stamped and signed by qualified engineers. PARKING LOTS AND ACCESS DRIVEWAY 51. The design of parking facilities shall conform to LQMC Chapter 9.150 (Parking), except where the approved plans and/or these conditions shall take precedence. Al designs shall comply with the latest ADA standards and policies. Resolution No. 2008-049 Conditions Of Approval - FINAL Tentative Tract 34038, Ext. 1 Casa La Quints — Borrego Resort Holdings, Inc. July 15, 2008 Page 16 52. The high point of the access driveway to the parking garage shall be at least one foot higher than the gutter flow line at the street. 53. Grade breaks and vertical curves at the access driveway to the parking garage shall be designed at a minimum to the Institute of Transportation Engineer's design standards and as approved by the City Engineer. CONSTRUCTION 54. 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. PUBLIC SERVICES 55. The applicant shall comply with all applicable requirements of the Riverside County Fire Department, as set forth under approval conditions for VUP 2005- 030, Time Extension 1. Any additional requirements not addressed therein shall also be met. MAINTENANCE 56. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. Applicant shall submit CC&R's for the project for review by Public Works and Community Development, prior to their recordation. 57. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks, which shall be reflected in the tract CC&R's. FEES AND DEPOSITS 58. 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. Resolution No. 2008-049 Conditions Of Approval - FINAL Tentative Tract 34038, Ext. 1 Casa La Quinta - Borrego Resort Holdings, Inc. July 15, 2008 Page 17 59. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program, as in effect at the time of issuance of building permit(s). 60. Prior to completion of any approval process for modification of boundaries of the property or lots subject to these conditions, the applicant shall process a reapportionment of any bonded assessment(s) against the property and pay the cost of such reapportionment. 61. Tentative Tract 34038 shall provide payment of an in -lieu park dedication fee, as specified in Chapter 13.48, LQMC. Based on the requirements of Section 13.48.050 LQMC, the amount of park land required is 0.168 acres. The fee amount will be determined when the appropriate land value information is submitted. The in -lieu payment(s) shall be based upon this acreage requirement. Payment of the in -lieu fee shall be made no later than prior to, or concurrently with, recordation of the first final map within the Tentative Map. CULTURAL RESOURCES 62. The site shall be monitored during on and off -site trenching and rough grading by qualified archaeological monitors. Proof of retention of monitors shall be given to the City prior to issuance of first earth -moving or clearing permit. 63. The final report on the monitoring shall be submitted to the Community Development Department prior to the issuance of the first Certificate of Occupancy for the project. 64. Collected archaeological resources shall be properly packaged for long term curation, in polyethylene self -seal bags, vials, or film cans as appropriate, all within acid -free, standard size, comprehensively labeled archive boxes and delivered to the City prior to issuance of first Certificate of Occupancy for the property. Materials shall be accompanied by descriptive catalogue, field notes and records, primary research data, and the original graphics. Resolution No. 2008-049 Conditions Of Approval - FINAL Tentative Tract 34038, Ext. 1 Casa La Quinta - Borrego Resort Holdings, Inc. July 15, 2008 Page 18 65. The conditions of approval for this item shall be included in the submitted report, "A Cultural Resources Survey of the Proposed Casa La Quinta Project, Riverside County, California", prepared by Foothill Archaeological Services, prior to issuance of first permit requiring monitoring. 66. Pursuant to their request, the monitoring crew shall include a member of the Ramona Band of Cahuilla Indians, if requested by the Ramona Band in writing. 67. If Native American cultural resources are discovered during monitoring or the subsequent construction phase, the Morongo Band of Mission Indians, Ramona Band of Cahuilla Indians and the Agua Caliente Band of Cahuilla Indians, shall each be notified and allowed to consult on the discovery and its disposition. PALEONTOLOGICAL RESOURCES 68. Prior to groundbreaking, a field survey shall be conducted by the applicant in order to identify and document potential surface fossiliferous resources. A report of findings from the field survey shall be transmitted to the Planning Department and shall be provided to site monitors prior to beginning of any earth -moving. 69. On and off -site monitoring of earth -moving and grading in areas identified as likely to contain paleontological resources shall be conducted by a qualified paleontological monitor. The monitor shall be equipped to salvage fossils as they are unearthed to avoid construction delays and to remove samples of sediments that are likely to contain the remains of small fossil invertebrates and vertebrates. The monitor shall be empowered to temporarily halt or divert equipment to allow removal of abundant or large specimens. Proof that a monitor has been retained shall be given to City prior to issuance of first earth - moving permit, or before any clearing of the site is begun. 70. Recovered specimens shall be prepared to the point of identification and permanent preservation, including washing of sediments to recover small invertebrates and vertebrates. 71. A report of findings with an appended itemized inventory of specimens shall be submitted to the City prior to the first occupancy of a residence being granted by the City. The report shall include pertinent discussions of the Resolution No. 2008-049 Conditions Of Approval - FINAL Tentative Tract 34038, Ext. 1 Casa La Ouinta - Borrego Resort Holdings, Inc. July 15, 2008 Page 19 significance of all recovered resources where appropriate. The report and inventory, when submitted will signify completion of the program to mitigate impacts to paleontological resources. 72. Collected resources and related reports, etc. shall be given to the City for curation. Packaging of resources, reports, etc. shall comply with standards commonly used in the paleontological industry. LANDSCAPE & IRRIGATION 73. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 74. 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. 75. The applicant shall submit all landscape plans, to include landscape lighting, for approval through plan checking by the Public Works Department. Planning Department review will take place during this plan check process. When plan checking has been completed by the both Departments, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the City Engineer. Prior to CVWD review, the applicant shall provide calculations that meet the requirements of Chapter 8.13 of the 'Municipal Code - Water Efficient Landscaping. Additional landscape conditions under VUP 2005-030, Time Extension 1 are hereby incorporated by reference. NOTE: Plans are not approved for construction until signed by the Planning Director. All landscape and irrigation plans shall be signed and stamped by a licensed landscape architect. 80. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the AASHTO "A Policy on Geometric Design of Highways and Streets, 51" Edition" or latest, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right-of-way. Resolution No. 2008-049 Conditions Of Approval - FINAL Tentative Tract 34038, Ext. 1 Casa La Quints - Borrego Resort Holdings, Inc. July 15, 2008 Page 20 MISCELLANEOUS 81. Time Extension #1, which grants a one year extension from the original expiration date of May 2, 2008, shall expire on May 2, 2009, unless extended pursuant to the provisions of the La Quinta Municipal Code. The applicant shall be responsible for monitoring the approval and expiration dates.