CC Resolution 2019-031 Desert Club Apts Appeal 2019-0002RESOLUTION 2019 – 031
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, DENYING
APPEAL 2019-0002, AND SUSTAINING THE
PLANNING COMMISSION’S APPROVAL OF
CONDITIONAL USE PERMIT 2018-0005 AND
SITE DEVELOPMENT PERMIT 2018-0004 TO
ALLOW THE DEVELOPMENT OF 16 APARTMENTS
LOCATED AT 51480 DESERT CLUB DRIVE
CASE NUMBERS:
APPEAL 2019-0002
CONDITIONAL USE PERMIT 2018-0005
SITE DEVELOPMENT PERMIT 2018-0004
PROJECT: DESERT CLUB APARTMENTS
APPELLANT: LAWRENCE MARSHALL
WHEREAS, the Planning Commission of the City of La Quinta,
California did, on the 11th day of June, 2019, hold a duly noticed Public
Hearing to consider a request by Southwest Concepts for approval of
Conditional Use Permit and Site Development Permit for 16 apartments at
51-480 Desert Club Drive, more particularly described as:
APN 770-156-009 & -010
WHEREAS, the Design and Development Department published a
public hearing notice in The Desert Sun newspaper on July 5, 2019, as
prescribed by the Municipal Code. Public hearing notices were also mailed to
all property owners within 500 feet of the site; and,
WHEREAS, the City Council of the City of La Quinta, California did, on
the 16th day of July, 2019, hold a duly noticed Public Hearing to consider an
appeal by Lawrence Marshall of the Planning Commission’s approval of
Conditional Use Permit 2018-0005 and Site Development Permit 2018-0004.
Conditional Use Permit
WHEREAS, at said Public Hearing, upon hearing and considering all
testimony and arguments, if any, of all interested persons desiring to be
heard, said City Council did make the following mandatory findings pursuant
to Section 9.210.020 of the Municipal Code to justify approval of said
Conditional Use Permit:
Resolution No. 2019 -031
Appeal 2019-0002 of Conditional Use Permit 2018-0005 and Site Development Permit 2018-0004
Adopted: July 16, 2019
Page 2 of 4
1. Consistency with General Plan
The land use is consistent with the General Plan land use designation
of Village Commercial. The City’s General Plan policies relating to the
Village encourage the development of a mix of uses to create an
integrated, walkable community that blends residential and
commercial development.
2. Consistency with Zoning Code
The proposed use, as conditioned, is consistent with provisions of the
zoning code. The proposed project meets the development standards
of the Village Commercial zone, as conditioned.
3. Compliance with California Environmental Quality Act (CEQA)
The Design and Development Department has determined that this
project is exempt from environmental review pursuant to Section
15332 of CEQA. The project qualifies for this exemption because it is
consistent with the General Plan and Zoning designation, is less than 5
acres in size, and is located in an urbanized and mostly built-out area.
4. Surrounding Uses
As conditioned, approval of the application will not create conditions
materially detrimental to the public health, safety, and general welfare
or injurious to or incompatible with other properties or land uses in the
vicinity. The proposed apartments will add to the residential
opportunities in the Village, and create opportunities for workers who
already work in the area to find housing in close proximity.
Site Development Permit
WHEREAS, at said Public Hearing, upon hearing and considering all
testimony and arguments, if any, of all interested persons desiring to be
heard, said City Council did make the following mandatory findings pursuant
to Section 9.210.010 of the Municipal Code to justify approval of said Site
Development Permit:
1. Consistency with General Plan
The proposed development is consistent with the General Plan land
use designation of Village Commercial. The City’s General Plan policies
relating to the Village encourage the development of a mix of uses to
create an integrated, walkable community that blends residential and
commercial development.
Resolution No. 2019 -031
Appeal 2019-0002 of Conditional Use Permit 2018-0005 and Site Development Permit 2018-0004
Adopted: July 16, 2019
Page 3 of 4
2. Consistency with Zoning Code
The proposed development, as conditioned, is consistent with the
development standards of the City’s Zoning Code in terms of site plan
and landscaping. The site development permit has been conditioned
to ensure compliance with the Zoning Code’s development standards,
including standards for parking lot design.
3. Compliance with California Environmental Quality Act
The Design and Development Department has determined that this
project is exempt from environmental review pursuant to Section
15332 of CEQA. The project qualifies for this exemption because it is
consistent with the General Plan and Zoning designation, is less than 5
acres in size, and is located in an urbanized and mostly built-out area.
4. Architectural Design
The proposed apartments, as conditioned, are consistent with the
Zoning Ordinance, and with development in the Village area.
5. Site Design
The site design of the project, including project entries, circulation,
screening, exterior lighting, and other site design elements are
compatible with surrounding development and with the quality of
design prevalent in the Village.
6. Landscape Design
The proposed project is consistent with the landscaping standards and
plant palette and implements the standards for landscaping and
aesthetics established in the General Plan and Zoning Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of La Quinta, California, as follows:
SECTION 1. That the above recitations are true and constitute the findings of
the City Council in this case.
SECTION 2. That it does hereby sustain the Planning Commission’s
determination that Conditional Use Permit 2018-0005 and Site Development
Permit 2018-0004 are exempt from CEQA pursuant to Section 15332 of the
CEQA Guidelines.
SECTION 3. That it does hereby sustain Planning Commission Resolution No.
2019-009, adopted on June 11, 2019, approving Conditional Use Permit
2018-0005 and Site Development Permit 2018-0004, for the reasons set
forth in this Resolution and subject to the conditions of approval set forth in
Resolution No. 2019 -031
Appeal 2019-0002 of Conditional Use Permit 2018-0005 and Site Development Permit 2018-0004
Adopted: July 16, 2019
Page 4 of 4
Planning Commission Resolution 2019-009, attached hereto as "Exhibit A"
and incorporated by this reference.
PASSED, APPROVED, and ADOPTED at a regular meeting of the
City of La Quinta City Council, held on this the 16th day of July, 2019, by the
following vote:
AYES: Council Members Fitzpatrick, Radi, Sanchez, Mayor Evans
NOES:
ABSENT: Council Member Pena
ABSTAIN:
ATTEST:
(CITY SEAL)
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
LINDA EVANS, Mayor
City of La Quinta, California
None
None
PLANNING COMMISSION RESOLUTION 2019-009
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF LA QUINTA, CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT 2018-
0005 AND SITE DEVELOPMENT PERMIT 2018-0004
TO ALLOW THE DEVELOPMENT OF 16 APARTMENTS
IN TWO BUILDINGS LOCATED AT 51-480 DESERT
CLUB DRIVE
CASE NUMBERS:
CONDITIONAL USE PERMIT 2018-0005
SITE DEVELOPMENT PERMIT 2018-0004
APPLICANT: SOUTHWEST CONCEPTS FOR NISPERO PROPERTIES
WHEREAS, the Planning Commission of the City of La Quinta, California
did, on the 11th day of June, 2019, hold a duly noticed Public Hearing to
consider a request by Southwest Concepts for approval of Conditional Use
Permit and Site Development Permit for 16 apartments in two buildings at 51-
480 Desert Club Drive, more particularly described as:
APN 770-156-009 & -010
WHEREAS, the Design and Development Department published a public
hearing notice in The Desert Sun newspaper on May 31, 2019 as prescribed by
the Municipal Code. Public hearing notices were also mailed to all property
owners within 500 feet of the site; and
Conditional Use Permit
WHEREAS, at said Public Hearing, upon hearing and considering all
testimony and arguments, if any, of all interested persons desiring to be heard,
said Planning Commission did make the following mandatory findings pursuant
to Section 9.210.020 of the Municipal Code to justify approval of said
Conditional Use Permit:
1.Consistency with General Plan
The land use is consistent with the General Plan land use designation of
Village Commercial. The City's General Plan policies relating to the Village
encourage the development of a mix of uses to create an integrated,
walkable community that blends residential and commercial development.
RESOLUTION NO. 2019-031, EXHIBIT A
APPEAL 2019-002 OF CUP 2018-0005 & SDP 2018-0004
ADOPTED: JULY 16, 2019
Page 1 of 19
Planning Commission Resolution 2019 -009
Conditional Use Permit 2018-0005
Site Development Permit 2018-0004
Desert Club Apartments
Adopted: June 11, 2019
Page 2 of 4
2.Consistency with Zoning Code
The proposed use, as conditioned, is consistent with prov1s1ons of the
zoning code. The proposed project meets the development standards of
the Village Commercial zone, as conditioned.
3.Compliance with California En vironmental Quality Act (CEQA)
The Design and Development Department has determined that this project
is exempt from environmental review pursuant to Section 15332 of CEQA.
The project qualifies for this exemption because it is consistent with the
General Plan and Zoning designation, is less than 5 acres in size, and is
located in an urbanized and mostly built-out area.
4.Surrounding Uses
As conditioned, approval of the application will not create conditions
materially detrimental to the public health, safety, and general welfare or
injurious to or incompatible with other properties or land uses in the
vicinity. The proposed apartments will add to the residential opportunities
in the Village, and create opportunities for workers who already work in
the area to find housing in close proximity.
Site Development Permit
WHEREAS, at said Public Hearing, upon hearing and considering all
testimony and arguments, if any, of all interested persons desiring to be heard,
said Planning Commission did make the following mandatory findings pursuant
to Section 9.210.010 of the Municipal Code to justify approval of said Site
Development Permit:
1.Consistency with General Plan
The proposed development is consistent with the General Plan land use
designation of Village Commercial. The City's General Plan policies
relating to the Village encourage the development of a mix of uses to
create an integrated, walkable community that blends residential and
commercial development.
2.Consistency with Zoning Code
The proposed development, as conditioned, is consistent with the
development standards of the City's Zoning Code in terms of site plan and
RESOLUTION NO. 2019-031, EXHIBIT A
APPEAL 2019-002 OF CUP 2018-0005 & SDP 2018-0004
ADOPTED: JULY 16, 2019
Page 2 of 19
Planning Commission Resolution 2019 -009
Conditional Use Permit 2018-0005
Site Development Permit 2018-0004
Desert Club Apartments
Adopted: June 11, 2019
Page 3 of 4
landscaping. The site development permit has been conditioned to ensure
compliance with the Zoning Code's development standards, including
standards for parking lot design.
3.Compliance with California Environmental Quality Act
The Design and Development Department has determined that this project
is exempt from environmental review pursuant to Section 15332 of CEQA.
The project qualifies for this exemption because it is consistent with the
General Plan and Zoning designation, is less than 5 acres in size, and is
located in an urbanized and mostly built-out area.
4.Architectural Design
The proposed apartments, as conditioned, are consistent with the Zoning
Ordinance, and with development in the Village area.
5.Site Design
The site design of the project, including project entries, circulation,
screening, exterior lighting, and other site design elements are compatible
with surrounding development and with the quality of design prevalent in
the Village.
6.Landscape Design
The proposed project is consistent with the landscaping standards and
plant palette and implements the standards for landscaping and aesthetics
established in the General Plan and Zoning Code.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of
the City of La Quinta, California, as follows:
SECTION 1. That the above recitations are true and constitute the Findings of
the Planning Commission in this case;
SECTION 2. That the above project be determined by the Planning Commission
to be exempt from CEQA under Section 15332, Infill;
SECTION 3. That it does hereby approve Conditional Use Permit 2018-0005 and
Site Development Permit 2018-0004, for the reasons set forth in this Resolution
and subject to the attached Conditions of Approval [Exhibit A].
RESOLUTION NO. 2019-031, EXHIBIT A
APPEAL 2019-002 OF CUP 2018-0005 & SDP 2018-0004
ADOPTED: JULY 16, 2019
Page 3 of 19
Planning Commission Resolution 2019 -009
Conditional Use Permit 2018-0005
Site Development Permit 2018-0004
Desert Club Apartments
Adopted: June 11, 2019
Page 4 of 4
PASSED, APPROVED, and ADOPTED at a regular meeting of the City of
La Quinta Planning Commission, held on this the 11th day of June 2019, by the
following vote:
AYES: COMMISSIONERS BETTENCOURT, CALDWELL, CURRIE, PROCTOR,
QUILL, AND WRIGHT
NOES: NONE
ABSENT: CHAIRPERSON MCCUNE
ABSTAIN: NONE
ATTEST:
Mary Cald ell, Vice Chairperson
City of La Quinta, California
DANNY CASTRO, Design and Development Director
City of La Quinta, California
RESOLUTION NO. 2019-031, EXHIBIT A
APPEAL 2019-002 OF CUP 2018-0005 & SDP 2018-0004
ADOPTED: JULY 16, 2019
Page 4 of 19
EXHIBIT A
PLANNING COMMISSION RESOLUTION 2019-009
CONDITIONS OF APPROVAL -APPROVED
CONDITIONAL USE PERMIT 2018-0005
SITE DEVELOPMENT PERMIT 2018-0004
DESERT CLUB APARTMENTS
ADOPTED: JUNE 11, 2019
PAGE 1
GENERAL
1.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 Conditional
use Permit and Site Development Permit. 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.The Conditional Use Permit and Site Development Permit shall expire on June
11, 2021 and shall become null and void in accordance with La Quinta
Municipal Code Section 9.200.080, unless a building permit has been issued.
A time extension may be requested per LQMC Section 9.200.080.
3.Prior to the issuance of any grading, construction, or building permit by the
City, the applicant shall obtain any necessary clearances and/or permits from
the following agencies, if required:
•Riverside County Fire Marshal•La Quinta Design and Development Department (Grading Permit,
Green Sheet (Public Works Clearance) for Building Permits, Water
Quality Management Plan (WQMP) Exemption Form -Whitewater River
Region, Improvement Permit)•La Quinta Planning Division•Riverside Co. Environmental Health Department•Desert Sands Unified School District (DSUSD)•Coachella Valley Water District (CVWD)
•Imperial Irrigation District (IID)•California Regional Water Quality Control Board (CRWQCB)•State Water Resources Control Board•Sunline Transit Agency (Sunline)•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 these requirements include
approval of improvement plans, the applicant shall furnish proof of such
approvals when submitting those improvements plans for City approval.
Page 1 of 15
RESOLUTION NO. 2019-031, EXHIBIT A
APPEAL 2019-002 OF CUP 2018-0005 & SDP 2018-0004
ADOPTED: JULY 16, 2019
Page 5 of 19
PLANNING COMMISSION RESOLUTION 2019-009
CONDITIONS OF APPROVAL -APPROVED
CONDITIONAL USE PERMIT 2018-0005
SITE DEVELOPMENT PERMIT 2018-0004
DESERT CLUB APARTMENTS
ADOPTED: JUNE 11, 2019
PAGE 2
4.Coverage under the State of California General Construction Permit must be
obtained by the applicant; who then shall submit a copy of the Regional
Water Quality Control Board's (''RWQCB") acknowledgment of the applicant's
Notice of Intent ("NOI") and Waste Discharger Identification (WDID) number
to the City prior to the issuance of a grading or building permit.
5.The applicant shall comply with applicable provisions of 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; the California Regional Water
Quality Control Board -Colorado River Basin Region Board Order No. R7-
2013-0011 and the State Water Resources Control Board's Order No. 2012-
0006-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 Permittee shall
be required to submit a Storm Water Pollution Protection Plan
("SWPPP") to the State Water Resources Control Board.
The applicant or design professional can obtain the California
Stormwater Quality Association SW PPP template at
www.cabmphandbooks.com for use in their SWPPP preparation.
B.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.
C.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.
D.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.
Page 2 of 15
RESOLUTION NO. 2019-031, EXHIBIT A
APPEAL 2019-002 OF CUP 2018-0005 & SDP 2018-0004
ADOPTED: JULY 16, 2019
Page 6 of 19
PLANNING COMMISSION RESOLUTION 2019-009
CONDITIONS OF APPROVAL -APPROVED
CONDITIONAL USE PERMIT 2018-0005
SITE DEVELOPMENT PERMIT 2018-0004
DESERT CLUB APARTMENTS
ADOPTED: JUNE 11, 2019
PAGE 3
E.The SWPPP and BMPs shall remain in effect for the entire duration of
project construction until all improvements are completed and
accepted by the City Council.
F.The provision for the funding and perpetual maintenance and operation
of all post-construction BMPs as required.
6.Permits issued under this approval shall be subject to the provisions of the
Development Impact Fee and Transportation Uniform Mitigation Fee
programs in effect at the time of issuance of building permit(s).
7.Developer shall reimburse the City, within thirty (30) days of presentment
of the invoice, all costs and actual attorney's fees incurred by the City
Attorney to review, negotiate and/or modify any documents or instruments
required by these conditions, if Developer requests that the City modify or
revise any documents or instruments prepared initially by the City to effect
these conditions. This obligation shall be paid in the time noted above
without deduction or offset and Developer's failure to make such payment
shall be a material breach of the Conditions of Approval.
8.Developer shall reimburse the City, within thirty (30) days of presentment
of the invoice, all costs and actual consultant's fees incurred by the City for
engineering and/or surveying consultants to review and/or modify any
documents or instruments required by this project. This obligation shall be
paid in the time noted above without deduction or offset and Developer's
failure to make such payment shall be a material breach of the Conditions of
Approval.
PROPERTY RIGHTS
9.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. In addition to the foregoing, in light of the fact that
the proposed development consists of two parcels that share a common
driveway, the applicant shall be required to assure the common use of the
driveway through any of the following actions: the preparation and
recordation of a reciprocal access easement agreement benefitting both
parcels of the development, a document evidencing the merger of the two
parcels, or otherwise demonstrating that both parcels will have the right to
use the common driveway in perpetuity as determined by the City Engineer
Page 3 of 15
RESOLUTION NO. 2019-031, EXHIBIT A
APPEAL 2019-002 OF CUP 2018-0005 & SDP 2018-0004
ADOPTED: JULY 16, 2019
Page 7 of 19
PLANNING COMMISSION RESOLUTION 2019-009
CONDITIONS OF APPROVAL -APPROVED
CONDITIONAL USE PERMIT 2018-0005
SITE DEVE LOPMENT PERMIT 2018-0004
DESERT CLUB APARTMENTS
ADOPTED: JUNE 11, 2019
PAGE 4
or his properly designated representative.
10.The applicant shall offer for dedication all public street rights-of-way in
conformance with the City's General Plan, Municipal Code, applicable specific
plans, and/or as required by the City Engineer.
11.The public street right-of-way offers for dedication required for this
development include:
A.PUBLIC STREETS
1)Desert Club Drive -No additional right of way dedication is
required.
12.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.
13.When the City Engineer determines that access rights to the proposed street
rights-of-way shown on the approved Site Development Permit are
necessary prior to approval of the improvements dedicating such rights-of
way, the applicant shall grant the necessary rights-of-way within 60 days of
a written request by the City.
14.Where public facilities (e.g., sidewalks) are placed on privately-owned
setbacks, the applicant shall offer for dedication blanket easements for those
purposes.
15.The applicant shall offer for dedication those easements necessary for the
placement of, and access to, utility lines and structures, drainage basins,
mailbox clusters, park lands, and common areas.
16.Direct vehicular access to Desert Club Drive is restricted, except for those
access points identified on the Site Development Permit, or as otherwise
conditioned in these conditions of approval.
17.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.
STREET AND TRAFFIC IMPROVEMENTS
18.The applicant shall comply with the provisions of LQMC Sections 13.24.060
Page 4 of 15
RESOLUTION NO. 2019-031, EXHIBIT A
APPEAL 2019-002 OF CUP 2018-0005 & SDP 2018-0004
ADOPTED: JULY 16, 2019
Page 8 of 19
PLANNING COMMISSION RESOLUTION 2019-009
CONDITIONS OF APPROVAL -APPROVED
CONDITIONAL USE PERMIT 2018-0005
SITE DEVELOPMENT PERMIT 2018-0004
DESERT CLUB APARTMENTS
ADOPTED: JUNE 11, 2019
PAGE 5
(Street Improvements), 13.24.070 (Street Design -Generally) & 13.24.100
(Access for Individual Properties and Development) for public streets; and
Section 13.24.080 (Street Design -Private Streets), where private streets
are proposed.
19.Streets shall have vertical curbs or other approved curb configurations that
will convey water without ponding, and provide lateral containment of dust
and residue during street sweeping operations. If a wedge or rolled curb
design is approved, the lip at the flowline shall be near vertical with a 1/8"
batter and a minimum height of 0.1'. Unused curb cuts on any lot shall be
restored to standard curb height prior to final inspection of permanent
building(s) on the lot.
20.The applicant shall design 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:
Parking Lot & Aisles (Low Traffic)
Parking Lot & Aisles (High Traffic)
3.0" a.c./4.5" c.a.b.
4.5" a.c. /5.5" c.a.b.
or the approved equivalents of alternate materials per the City Engineer.
21.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.
22.Improvements shall include appurtenances such as traffic control signs,
markings and other devices, raised medians if required, street name signs
and sidewalks. Mid-block street lighting is not required.
23.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.
24.Standard knuckles and corner cut-backs shall conform to Riverside County
Page 5 of 15
RESOLUTION NO. 2019-031, EXHIBIT A
APPEAL 2019-002 OF CUP 2018-0005 & SDP 2018-0004
ADOPTED: JULY 16, 2019
Page 9 of 19
PLANNING COMMISSION RESOLUTION 2019-009
CONDITIONS OF APPROVAL -APPROVED
CONDITIONAL USE PERMIT 2018-0005
SITE DEVELOPMENT PERMIT 2018-0004
DESERT CLUB APARTMENTS
ADOPTED: JUNE 11, 2019
PAGE 6
Standard Drawings #801 and #805, respectively, unless otherwise approved
by the City Engineer.
PARKING and ACCESS POINTS
25.The design of parking facilities shall conform to LQMC Chapter 9.150 and in
particular the following:
A.The parking space and aisle widths and the double hairpin stripe
parking space design shall conform to LQMC Chapter 9.150.
B.Cross slopes should be a maximum of 2% where accessibility is
required including accessibility routes between buildings.
C.Building access points shall be shown on the Precise Grading Plans to
evaluate accessibility issues.
D.Accessibility routes to public streets and adjacent development shall
be shown on the Precise Grading Plan.
E.Parking space lengths shall be according to LQMC Chapter 9.150 and
be a minimum of 17 feet in length with a 2-foot overhang for standard
parking spaces and 18 feet with a 2-foot overhang for accessible
parking space or as approved by the City Engineer. One van accessible
parking stall is required per 8 accessible parking stalls.
F.Drive aisles between parking spaces shall be a minimum of 26 feet or
as approved by the City Engineer.
G.All exterior parking spaces will be covered in a manner reviewed and
approved by the City Engineer or his properly designated
representative.
Entry drives, main interior circulation routes, corner cutbacks, bus turnouts,
dedicated turn lanes, 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.
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.
Page 6 of 15
RESOLUTION NO. 2019-031, EXHIBIT A
APPEAL 2019-002 OF CUP 2018-0005 & SDP 2018-0004
ADOPTED: JULY 16, 2019
Page 10 of 19
PLANNING COMMISSION RESOLUTION 2019-009
CONDITIONS OF APPROVAL -APPROVED
CONDITIONAL USE PERMIT 2018-0005
SITE DEVELOPMENT PERMIT 2018-0004
DESERT CLUB APARTMENTS
ADOPTED: JUNE 11, 2019
PAGE 7
26.Improvement plans shall be prepared by or under the direct supervision of
qualified engineers and/or archi tects, as appropriate, and shall comply with
the provisions of LQMC Section 13.24.040 (Improvement Plans).
27.The following improvement plans shall be prepared and submitted for review
and approval by the Development Services Division. 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.
Precise Grading Plan
PMl0 Plan
1" = 20' Horizontal
1" = 40' Horizontal
1" = 40' Horizontal
A.
B.
C.
D.
Erosion Control Plan
Final WQMP (Plan submitted in Report Form)
NOTE: A through D to be submitted concurrently.
(Separate Storm Drain Plans if applicable)
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 Iop Of
Wall & Iop Of Eooting elevations shown. All footings shall have a minimum
of 1-foot of cover, or sufficient cover to clear any adjacent obstructions.
Page 7 of 15
RESOLUTION NO. 2019-031, EXHIBIT A
APPEAL 2019-002 OF CUP 2018-0005 & SDP 2018-0004
ADOPTED: JULY 16, 2019
Page 11 of 19
PLANNING COMMISSION RESOLUTION 2019-009
CONDITIONS OF APPROVAL -APPROVED
CONDITIONAL USE PERMIT 2018-0005
SITE DEVE LOPMENT PERMIT 2018-0004
DESERT CLUB APARTMENTS
ADOPTED: JUNE 11, 2019
PAGE 8
"On-Site Precise Grading" plans shall normally include all on-site surface
improvements including but not limited to finish grades for curbs & gutters,
building floor elevations, wall elevations, parking lot improvements and
accessibility requirements.
28.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 Design and Development Department at the
City website (www.la-quinta.org). Please navigate to the Design and
Development Department home page and look for the Standard Drawings
hyperlink.
29.The applicant shall furnish a complete set of all approved improvement plans
on a storage media acceptable to the City Engineer (currently mylars).
30.Upon completion of construction, and prior to final acceptance of the
improvements by the City, 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" 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 "Record Drawing". However, if subsequent
approved revisions have been approved by the City Engineer and reflect said
"Record Drawing" conditions, the Engineer Of Record may submit a letter
attesting to said fact to the City Engineer in lieu of mylar submittal.
GRADING
31.The applicant shall comply with the provisions of LQMC Section 13.24.050
(Grading Improvements).
32.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.
33.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 civil engineer registered in the State of
California,
Page 8 of 15
RESOLUTION NO. 2019-031, EXHIBIT A
APPEAL 2019-002 OF CUP 2018-0005 & SDP 2018-0004
ADOPTED: JULY 16, 2019
Page 12 of 19
PLANNING COMMISSION RESOLUTION 2019-009
CONDITIONS OF APPROVAL -APPROVED
CONDITIONAL USE PERMIT 2018-0005
SITE DEVELOPMENT PERMIT 2018-0004
DESERT CLUB APARTMENTS
ADOPTED: JUNE 11, 2019
PAGE 9
B.A preliminary geotechnical ("soils") report prepared by an engineer
registered in the State of California,
C.A Fugitive Dust Control Plan prepared in accordance with LQMC
Chapter 6.16, (Fugitive Dust Control), and
D.A Best Management Practices report prepared in accordance with
LQMC Sections 8.70.010 and 13.24.170 (NPDES Stormwater Discharge
Permit and Storm Management and Discharge Controls).
E.WQMP prepared by an appropriate professional registered in the State
of California, and
F.A grading bond in a form acceptable to the City, and in an amount
sufficient to guarantee compliance with the grading bond
requirements.
All grading shall conform with the recommendations contained in the
Preliminary Soils Report, and shall be certified as being adequate by soils
engineer, or engineering geologist registered in the State of California.
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. Additionally, the applicant shall replenish said security if expended
by the City of La Quinta to comply with the Plan as required by the City
Engineer.
34.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.
35.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. 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 feet (6') of the curb, otherwise the
maximum slope within the right of way shall not exceed 3: 1. All unpaved
Page 9 of 15
RESOLUTION NO. 2019-031, EXHIBIT A
APPEAL 2019-002 OF CUP 2018-0005 & SDP 2018-0004
ADOPTED: JULY 16, 2019
Page 13 of 19
PLANNING COMMISSION RESOLUTION 2019-009
CONDITIONS OF APPROVAL -APPROVED
CONDITIONAL USE PERMIT 2018-0005
SITE DEVELOPMENT PERMIT 2018-0004
DESERT CLUB APARTMENTS
ADOPTED: JUNE 11, 2019
PAGE 10
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.
36.Building pad elevations on the precise grading plan submitted for City
Engineer's approval shall conform with pad elevations shown on the
preliminary grading plan, unless the pad elevations have other requirements
imposed elsewhere in these Conditions of Approval, or as approved by the
City Engineer.
37.Building pad elevations of perimeter lots shall not differ by more than one
foot higher from the building pads in adjacent developments.
38.The applicant shall minimize the differences in elevation between the
adjoining properties and the lots within this development.
39.Prior to any site grading or regrading that will raise or lower any portion of
the site by more than plus or minus half of a foot (0.5') from the elevations
shown on the approved Site Development Permit, the applicant shall submit
the proposed grading changes to the City Engineer for a substantial
conformance review.
40.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 with applicable compaction tests and over excavation
documentation.
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.
DRAINAGE
41.Stormwater handling shall conform with the approved hydrology and
drainage report for the Desert Club Apartments project (SDP2018-0004), or
as approved by the City Engineer. Nuisance water shall be disposed of in an
approved manner.
Nuisance water shall be retained onsite and disposed of via an underground
percolation improvement approved by the City Engineer.
42.The applicant shall comply with the provisions of LQMC 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
Page 10 of 15
RESOLUTION NO. 2019-031, EXHIBIT A
APPEAL 2019-002 OF CUP 2018-0005 & SDP 2018-0004
ADOPTED: JULY 16, 2019
Page 14 of 19
PLANNING COMMISSION RESOLUTION 2019-009
CONDITIONS OF APPROVAL -APPROVED
CONDITIONAL USE PERMIT 2018-0005
SITE DEVELOPMENT PERMIT 2018-0004
DESERT CLUB APARTMENTS
ADOPTED: JUNE 11, 2019
PAGE 11
Basin Design Requirements. More specifically, stormwater falling on site
during the 10 year storm in the Village area shall be retained within the
development, unless otherwise approved by the City Engineer. The design
storm shall be the 1 hour, 3 hour, 6 hour or 24 hour event producing the
greatest total run off.
43.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.
44.In design of retention facilities, the maximum percolation rate shall be two
inches per hour. The percolation rate will be considered to be zero unless
the applicant provides site specific data indicating otherwise and as approved
by the City Engineer.
45.The project shall be designed to accommodate purging and blowoff water
(through underground piping and/or retention facilities) from any on-site or
adjacent well sites granted or dedicated to the local water utility authority as
a requirement for development of this property.
46.No fence or wall shall be constructed around any retention basin unless
approved by the Planning Manager and the City Engineer.
47.For on-site above ground common retention basins, retention depth shall be
according to Engineering Bulletin No. 06-16 -Hydrology Report with
Preliminary Hydraulic Report Criteria for Storm Drain Systems. Side slopes
shall not exceed 3: 1 and shall be planted with maintenance free ground
cover. Additionally, retention basin widths shall be not less than 20 feet at
the bottom of the basin.
48.Stormwater may not be retained in landscaped parkways or landscaped
setback lots. Only incidental storm water (precipitation which directly falls
onto the setback) will be permitted to be retained in the landscape setback
areas. The perimeter setback and parkway areas in the street right-of-way
shall be shaped with berms and mounds, pursuant to LQMC Section
9.100.040(B)(7).
49.The design of the development shall not cause any increase in flood
boundaries and levels in any area outside the development.
50.The development shall be graded to permit storm flow in excess of retention
Page 11 of 15
RESOLUTION NO. 2019-031, EXHIBIT A
APPEAL 2019-002 OF CUP 2018-0005 & SDP 2018-0004
ADOPTED: JULY 16, 2019
Page 15 of 19
PLANNING COMMISSION RESOLUTION 2019-009
CONDITIONS OF APPROVAL -APPROVED
CONDITIONAL USE PERMIT 2018-0005
SITE DEVELOPMENT PERMIT 2018-0004
DESERT CLUB APARTMENTS
ADOPTED: JUNE 11, 2019
PAGE 12
capacity to flow out of the development through a designated overflow.
51.Storm drainage historically received from adjoining property shall be
received and retained or passed through into the historic downstream
drainage relief route.
52.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. R7-2013-0011.
A.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 as required by the California
Regional Water Quality Control Board -Colorado River Basin
(CRWQCB-CRB) Region Board Order No. R7-2013-0011.
B.The applicant shall implement the WQMP Design Standards per
(CRWQCB-CRB) Region Board Order No. R7-2013-0011 utilizing BMPs
approved by the City Engineer. A project specific WQMP shall be
provided which incorporates Site Design and Treatment BMPs utilizing
first flush infiltration as a preferred method of NPDES Permit
Compliance for Whitewater River receiving water, as applicable.
C.The developer shall execute and record a Stormwater
Management/BMP Facilities Agreement that provides for the perpetual
maintenance and operation of stormwater BMPs.
UTILITIES
53.The applicant shall comply with the provisions of LQMC Section 13.24.110
(Utilities).
54.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.
Page 12 of 15
RESOLUTION NO. 2019-031, EXHIBIT A
APPEAL 2019-002 OF CUP 2018-0005 & SDP 2018-0004
ADOPTED: JULY 16, 2019
Page 16 of 19
PLANNING COMMISSION RESOLUTION 2019-009
CONDITIONS OF APPROVAL - APPROVED
CONDITIONAL USE PERMIT 2018-0005
SITE DEVELOPMENT PERMIT 2018-0004
DESERT CLUB APARTMENTS
ADOPTED: JUNE 11, 2019
PAGE 13
55.Existing overhead utility lines within, or adjacent to the proposed
development, and all proposed utilities shall be installed underground.
The 92 KV transmission power poles and all existing utility lines attached to
joint use 92 KV transmission power poles are exempt from the requirement
to be placed underground.
56.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. Additionally, grease traps and the
maintenance thereof shall be located as to not conflict with access
aisles/entrances.
CONSTRUCTION
57.The City will conduct final inspections of habitable buildings only when the
buildings have improved street and (if required) sidewalk access to publicly
maintained streets. The improvements shall include required traffic control
devices, pavement markings and street name signs. If on-site streets in
residential developments are initially constructed with partial pavement
thickness, the applicant shall complete the pavement prior to final
inspections of the last ten percent of homes within the development or when
directed by the City, whichever comes first.
LANDSCAPE AND IRRIGATION
58.The applicant shall comply with LQMC Sections 13.24.130 (Landscaping
Setbacks) & 13.24.140 (Landscaping Plans).
59. Landscape and irrigation plans for landscaped lots and setbacks, medians,
retention basins, and parks shall be signed and stamped by a licensed
landscape architect.
60.All new and modified landscape areas shall have landscaping and permanent
irrigation improvements in compliance with the City's Water Efficient
Landscape regulations contained in LQMC Section 8.13 (Water Efficient
Landscape).
61.Lighting plans shall be submitted with the final landscaping plans for a
Page 13 of 15
RESOLUTION NO. 2019-031, EXHIBIT A
APPEAL 2019-002 OF CUP 2018-0005 & SDP 2018-0004
ADOPTED: JULY 16, 2019
Page 17 of 19
PLANNING COMMISSION RESOLUTION 2019-009
CONDITIONS OF APPROVAL -APPROVED
CONDITIONAL USE PERMIT 2018-0005
SITE DEVELOPMENT PERMIT 2018-0004
DESERT CLUB APARTMENTS
ADOPTED: JUNE 11, 2019
PAGE 14
recommendation to the Planning Manager for his approval. Exterior lighting
shall be consistent with LQMC Section 9.100.150 (Outdoor Lighting). All
freestanding lighting shall not exceed 18 feet in height, and shall be fitted
with a visor if deemed necessary by staff to minimize trespass of light off the
property. The illuminated carports shall be included in the photometric study
as part of the final lighting plan submittal.
62.All water features shall be designed to minimize "splash", and use high
efficiency pumps and lighting to the satisfaction of the Community
Development Director. They shall be included in the landscape plan water
efficiency calculations per Municipal Code Chapter 8.13.
63.All rooftop mechanical equipment shall be completely screened from view.
Utility transformers or other ground mounted mechanical equipment shall
be fully screened with a screening wall or landscaping and painted to match
the adjacent buildings.
64.All landscaping shall consist of, at minimum, 36" box trees (i.e., a minimum
2.5 inch caliper measured three feet up from grade level after planting), 5-
gallon shrubs, and groundcover. Double lodge poles (two-inch diameter)
shall be used to brace and stake trees.
65.The applicant shall submit the final landscape plans for review, processing
and approval to the Design and Development Department, in accordance
with the Final Landscape Plan application process. Planning Manager
approval of the final landscape plans is required prior to issuance of the first
building permit unless the Planning Manager determines extenuating
circumstances exist which justifies an alternative processing schedule.
NOTE: Plans are not approved for construction until signed by the
appropriate City official, including the Planning Manager and/or City
Engineer.
66.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, 5th 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.
67.The final design of the perimeter landscaping, particularly the perimeter wall,
shall be included with the Final Landscape Plan submittal.
PUBLIC SERVICES
Page 14 of 15
RESOLUTION NO. 2019-031, EXHIBIT A
APPEAL 2019-002 OF CUP 2018-0005 & SDP 2018-0004
ADOPTED: JULY 16, 2019
Page 18 of 19
PLANNING COMMISSION RESOLUTION 2019-009
CONDITIONS OF APPROVAL -APPROVED
CONDITIONAL USE PERMIT 2018-0005
SITE DEVELOPMENT PERMIT 2018-0004
DESERT CLUB APARTMENTS
ADOPTED: JUNE 11, 2019
PAGE 15
68.The applicant shall provide public transit improvements if required by
Sunline Transit Agency and approved by the City Engineer.
MAINTENANCE
69.The applicant shall comply with the provisions of LQMC Section 13.24.160
(Maintenance).
70.The applicant shall make prov1s1ons for the continuous and perpetual
maintenance of perimeter landscaping up to the curb, common areas, access
drives, sidewalks, and stormwater BMPs.
FEES AND DEPOSITS
71.The applicant shall comply with the provisions of LQMC Section 13.24.180
(Fees and Deposits). 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.
SITE DESIGN
72.The applicant shall provide one secure bicycle rack per building, at a location
to be approved by the Director.
Page 15 of 15
RESOLUTION NO. 2019-031, EXHIBIT A
APPEAL 2019-002 OF CUP 2018-0005 & SDP 2018-0004
ADOPTED: JULY 16, 2019
Page 19 of 19