Loading...
2006 06 13 PCT4ht 4 4 Qum& Planning Commission Agendas are now available on the City's Web Page @ www.la-guinta.org PLANNING COMMISSION AGENDA A Regular Meeting to be Held at the La Quinta City Hall Council Chamber 78-495 Calle Tampico La Quinta, California JUNE 13, 2006 7:00 P.M. **NOTE** ALL ITEMS NOT CONSIDERED BY 11:00 P.M. WILL BE CONTINUED TO THE NEXT REGULAR MEETING Beginning Resolution 2006-022 Beginning Minute Motion 2006-014 CALL TO ORDER 11. PUBLIC COMMENT This is the time set aside for public comment on any matter not scheduled for public hearing. Please complete a "Request to Speak" form and limit your comments to three minutes. III. CONFIRMATION OF AGENDA IV. CONSENT CALENDAR A. Approval of the Minutes of the Regular Meeting of May 23, 2006. G:\WPDOCS\PC Minutes\t AgendaW.doc V. PUBLIC HEARING: For all Public Hearings on the Agenda, a completed "Request to Speak" form must be filed with the Executive Secretary prior to the start of the Planning Commission consideration of that item. The Chairman will invite individuals who have requested the opportunity to speak, to come forward at the appropriate time. Any person may submit written comments to the Planning Commission before a public hearing, may appear and be heard in support of, or in opposition to, the approval of the project(s) at the time of the hearing. If you challenge any project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City at, or prior to the public hearing. A. Item ................ CONTINUED - SITE DEVELOPMENT PERMIT 2006-859 Applicant ......... Shovlin Development Location .......... Bounded by Highway 111, Washington Street and Adams Street within the One Eleven La Quinta Center Request ........... Consideration of architectural and conceptual landscaping plans for two retail shops and tenant storage Action ............. Resolution 2006- B. Item ................ ZONING CODE AMENDMENT 2006-084 Applicant ......... City of La Quinta Location .......... Neighborhood Commercial zoned properties Request ........... Consideration of a recommendation to amend Section 9.80.040 of the La Quinta Municipal Code Action ............. Resolution 2006- VI. BUSINESS ITEM: A. Item ................ VILLAGE USE PERMIT 2003-019 Applicant ......... Skip Lench Location .......... Northeast corner of Desert Club Drive and Calle Cadiz Request ........... Consideration of a time extension for construction of an addition of 4,494 square feet to an existing ± 1,450 square foot building for an office use Action ............. Minute Motion 2006- VII. CORRESPONDENCE AND WRITTEN MATERIAL: None Vill. COMMISSIONER ITEMS: A. Review of City Council meeting of June 6, 2006. G:\WPDOCS\PC Minutes\1 AgendaW.doc IX. ADJOURNMENT: This meeting of the Planning Commission will be adjourned to a Regular Meeting to be held on June 27, 2006, at 7:00 p.m. DECLARATION OF POSTING I, Betty J. Sawyer, Executive Secretary of the City of La Quinta, do hereby declare that the foregoing Agenda for the La Quinta Planning Commission meeting of Tuesday, June 13, 2006, was posted on the outside entry to the Council Chamber, 78-495 Calle Tampico and the bulletin board at the La Quinta Cove Post Office, on Friday, June 9, 2006. DATED: June 9, 2006 i BETf'y y. SAWYER, Executive Secretary City of La Quinta, California Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's office at 777-7123, twenty-four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the Planning Commission, arrangements should be made in advance by contacting the City Clerk's office at 777-7123. A one (1) week notice is required. If background material is to be presented to the Planning Commission during a Planning Commission meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the Executive Secretary for distribution. It is requested that this take place prior to the beginning of the 7:00 p.m. meeting. G:\WPDOCS\PC Minutes\1 AgendaW.doc PH #A STAFF REPORT PLANNING COMMISSION DATE: JUNE 13, 2006 CASE NO.: SITE DEVELOPMENT PERMIT 2006-859 REQUEST: CONTINUED - CONSIDERATION OF ARCHITECTURAL AND CONCEPTUAL LANDSCAPING PLANS FOR TWO RETAIL SHOPS AND TENANT STORAGE LOCATION: BOUNDED BY HIGHWAY 1 1 1, WASHINGTON STREET AND ADAMS STREET WITHIN THE ONE ELEVEN LA QUINTA CENTER LEGAL: PARCEL 4 OF PARCEL MAP #31047 APPLICANT/ PROPERTY OWNER: SHOVLIN DEVELOPMENT ENVIRONMENTAL REVIEW: THE CITY COUNCIL CERTIFIED ENVIRONMENTAL ASSESSMENT 96-319 FOR SPECIFIC PLAN 89-014, AMENDMENT NO. 2 - ONE ELEVEN LA QUINTA SPECIFIC PLAN. NO CHANGED CIRCUMSTANCES OR CONDITIONS AND NO NEW INFORMATION IS PROPOSED WHICH WOULD TRIGGER THE PREPARATION OF A SUBSEQUENT ENVIRONMENTAL AS SESSMENT PURSUANT TO PUBLIC RESOURCES CODE SECTION 21166. ZONING AND GENERAL PLAN DESIGNATION: REGIONAL COMMERCIAL (RC) SURROUNDING ZONING/LAND USE: NORTH: FLOODPLAIN CHANNEL SOUTH: REGIONAL COMM COMMERCIAL COMMERCIAL USES EAST: REGIONAL COMMERCIAL (RC)/COMMERCIAL USES UNDER CONSTRUCTION WEST: COMMUNITYCOMMERCIAL CC)/COMMERCIAL P:\Reports - PC\2006\6-13-06\SDP 06-859\PC staff rpt. SDP 2006-859.doc BACKGROUND: This item was continued from the May 23, 2006 Planning Commission meeting as per the request of the applicant. This project will be located on a vacant pad as one of the latter phases of the One Eleven La Quinta commercial development originally approved in December of 1989 and later amended in July of 1996. This phase of the site is located between the uncompleted Petco pet store approved by the Commission on September 27, 2005, and the existing Legacy Furniture store (former movie theater) at the center of the project. Project access will be via existing signaled driveways on Highway 1 1 1. The parking layout and count was previously approved for the commercial center as a whole and has been completed. The request is for approval to construct 8,003 square feet of retail space for two minor tenants and 2,777 square feet of interior storage space to be used exclusively by existing tenants (Attachment 1 and 2). The applicant does not have information regarding a potential tenant for the proposed retail space at this time. Architectural and Landscape Design The proposed architectural design is similar in style and material used to other buildings in the One Eleven La Quinta commercial center, and is consistent with the One Eleven La Quinta Specific Plan. The building is proposed to have stuccoed facades at the front, side, and rear in the same colors and style as previous phases. Pedestrian access along the front will be covered by a flat roof hidden with a parapet and supported by stuccoed columns. Store entries will be covered by a two-piece red clay tile roof. Lighting will utilize the same sconce fixtures as placed on other existing buildings in the development. The sides and rear of the structure will be stuccoed with a double parapet feature. The highest point of the building, at the top of the front parapet, is proposed to be 22 feet. The rear storage portion of the building will have an 18 foot parapet. Actual roofline will range from three to five feet below parapet height in order to provide screening for mechanical units. A materials board will be made available during the meeting. Landscaping is already in place for the development, though the project will include landscaped areas at the front and east elevation. In the front of the store, Bougainvilleas will be placed in front of and between the pillars. An Acacia tree and some decorative grasses will be placed adjacent to the sidewalk access between the existing Legacy Furniture and the proposed shops. Access and Loading Due to the existing fire access door and ramp along the west side of the adjacent Legacy Furniture store, an improved access path is in place along the east elevation of this phase. A sidewalk, focused security lighting, and landscaping including a tree, PAReports - PC\2006\6-13-06\SDP 06-859\PC staff rpt. SDP 2006-859.doc 2 ground cover, and decorative shrubs will be placed along the east elevation, designed to tie into the existing Legacy Furniture improvements. The trash enclosure was originally proposed north of the building but has been relocated closer to the building due to the angle of the Petco loading dock and the loading zone at the rear of the Legacy Furniture building. Tenant storage space has been conditioned for the exclusive use of shopping center tenants. All but two of the storage units will be accessed via an interior corridor. Loading and unloading will be from the rear of the building while the side door will be utilized for emergency access. ARCHITECTURAL AND LANDSCAPING REVIEW COMMITTEE (ALRC) REVIEW: The ALRC reviewed this request at its meeting of May 3, 2006 (Attachment 3). The Committee adopted Minute Motion 2006-018 recommending approval with the following conditions: 1. Landscaping shall be installed along the storefront. Bougainvilleas shall be attached to the front columns as a vertical element. Plantings shall be placed between the front columns. 2. All roof top mechanical equipment shall be fully screened per Section 9.100.050 of the Zoning Ordinance. 3. Tenant lockers shall be revised to be accessed from the interior corridor where possible and the rear entries shall be utilized for access to the interior Corridor. 4. Landscaping and lighting in accord with the Outdoor Lighting Ordinance shall be provided along the sidewalk between this proposed phase and the existing Legacy Furniture store. PUBLIC NOTICE: This project was advertised in the Desert Sun newspaper and posted on May 12, 2006. All property owners within 500 feet of the site were mailed a copy of the public hearing notice. ANALYSIS AND ISSUES: The design of the building is similar and compatible with the adjacent buildings within the One Eleven La Quinta shopping center. The same features, colors, lighting will be used to ensure compatibility. Stuccoed arches proposed above the store entries will be similar to those along the Auto Club and Ross buildings and will utilize a vinyl and Bitchathane moisture seal. The sidewalk along the east side of the building is necessary due to fire exit from the west side of the existing Legacy Furniture building, which was formerly a stand-alone movie theater. Portions of this sidewalk will be P:\Reports - PC\2006\6-13-06\SDP 06-859\PC staff rpt. SDP 2006-859.doc 3 landscaped to tie into the existing Legacy Furniture landscaping and will be illuminated with focused security lighting. Staff recommends the addition of lighted bollards to provide additional ground lighting and prevent vehicular access. The trash enclosure at the rear of the structure has been conditioned to be located along the building so as to not block truck access to the adjacent Petco loading dock. The findings necessary to approve the Site Development Permit can be made provided the recommended Conditions of Approval are imposed per Section 9.210.010 of the Zoning Code as noted in the attached Resolution. RECOMMENDATION: Adopt Planning Commission Resolution 2006-_, approving Site Development Permit 2006-859 to allow construction of 8,003 square feet of retail space for two minor tenants and 2,777 square feet of interior storage space within the One Eleven La Quinta Commercial Center, subject to the attached conditions of approval. Attachments: 1. Submittal Plans and Elevations 2. Civil Engineer Site Plan 3. Minutes for the May 3, 2006 ALRC meeting Prepared by: And J. Mogensen, A0ociate Planner PAReports - PC\2006\6-13-06\SDP 06-859\PC staff rpt. SDP 2006-859.doc 4 ATTACHMENT 3 Architecture and Landscaping Review Committee May 3, 2006 2. Committee Member Christopher asked if the ALRC could make a recommendation on the entire site. The building that, is closest to Adams Street, the utility access would abutt Adams Street and does not have adequate landscaping.//,it is aesthetically not pleasant. Mr. Sanchez stated tiv�y will be increasing the landscaping within the next two weeks. 3. Committee Member Bobbitt also stated his/6oncern about how close the buildings are to the Adams` Street. Discussion followed regarding the plant mated that would be used. Committee Member Bobbitt stated the rear of the building needs to be dressed up. / 4. Committee Member CXristopher asked that additional landscaping be used between the office building and this building. Staff stated'they are required to add landscaping. Mr. Sanchez noted some areas where popouts or trellis treatments could be added. 5. There being no further questions of the applicant, it was moved and seconded by Committee Members Christopher/Smith to adopt Minute Motion 2006-017 recommending approval of Site Development Permit 2006-859, as recommended and amended: a. Additional popout detail or trellis treatment shall be added to the rear of the building. Unanimously approved. C. Site Development Permit 2006-859; a request of Michael J. Shovlin & William Case, Project Manager for consideration of architectural and conceptual landscaping plans for two retail shops and tenant storage within the One Eleven La quitna Center for the property located at the northwest corner of Avenue 52 and Jefferson Street. 1. Associate Planner Andrew Mogensen presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced Carl Cox, architect, and William Casey, Director of Construction who gave a presentation on the project. r.-%wPnnrC\CI ar�c_I_na nnr 3 Architecture and Landscaping Review Committee May 3, 2006 2. Committee Member Bobbitt asked the purpose of the building. Mr. Cox explained and discussion followed regarding the building layout. 3. Committee Member Christopher asked if the area between this building and the Legacy Furniture building was large enough to support landscaping. Staff discussed the width of the area between the buildings and stated there was enough area to add some landscaping. 4. There being no further questions of the applicant, it was moved and seconded by Committee Members Bobbitt/Smith to adopt Minute Motion 2006-018 recommending approval of Site Development Permit 2006-859, as recommended. Unanimously approved. D. Specific Plan 99-035 Amendment No. 1; a request of East of Madison, LLC. for consideration of Avenue 52 perimeter wall plans adjacent to the Reception Center/Guard House along Avenue 5,� and Meriwether Way, within the Madison Club. 1. Principal Planner Stan Sawa presented #fe information contained in the staff report, a copy of which is on file in the Community Development Department. Steff introduced Cynthia Zamorez, Madison Club, and Scott ,Birdwell, Discovery Land Co., who gave a presentation on the project. 2. Committee Member Christopher asked what material would be used for the cap on the enhanced wall. Mr. Birdwell stated it would be Masonry with an ornamental detail that turns back to the wall. 3. Committee Member Bobbitt asked the color of wall. Ms. Zamorez explained the detail and stated the color should be a beige. 4. Committee Member Christopher suggested they use the foam stick -on detail for the top of the "standard" wall. Mr. Birdwell stated they intended to just do a rounded grouted finish instead of a cap. 4 n•\MlVnnrQ\AI amF_v.na nnr PLANNING COMMISSION RESOLUTION 2006- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE DEVELOPMENT PLANS FOR 8,003 SQUARE FEET OF RETAIL SPACE AND 2,777 SQUARE FEET OF TENANT STORAGE WITHIN THE ONE ELEVEN LA QUINTA SHOPPING CENTER CASE NO.: SITE DEVELOPMENT PERMIT 2006-859 APPLICANT: ONE ELEVEN LA QUINTA, LLC WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 23rd day of May, 2006 and continued to the 13T" day of June 2006, hold a duly noticed Public Hearing to consider the request of ONE ELEVEN LA QUINTA, LLC approving the construction of a portion of a retail shopping center in the ONE ELEVEN LA QUINTA Shopping Center located on the east side of Washington Street and north of Highway 1 1 1, more particularly described as: PARCEL 4 OF PARCEL MAP #31047 WHEREAS, said Site Development Permit has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-68). The City Council certified Environmental Assessment 96-319 Specific Plan 89-014 Amendment No. 2 for the One Eleven La Quinta Specific Plan. No changed circumstances or conditions exist which would trigger the preparation of a subsequent Environmental Impact Report or environmental review pursuant to Public Resources Code Section 21 166; and, WHEREAS, the Architecture and Landscaping Review Committee, did on the 3flD day of May, 2006, at a regular meeting, recommend approval of the development plans, subject to conditions; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did find the following facts and reasons to justify approval of said Site Development Permit: 1. The commercial units in this proposed phase of the project is consistent with the General Plan in that it is designated for regional commercial uses. 2. The commercial project has been designed to be consistent with the applicable provisions of the City Zoning Code, or amended as allowed in compliance with Specific Plan 89-014 Amendment No.2. 3. The architectural design of the commercial project including, but not limited to the architectural style, scale, building mass, materials, colors, architectural Planning Commission Resolution 2006- Site Development Permit 2006-859 One Eleven La Quinta, LLC. Adopted: June 13, 2006 details, roof style, and other architectural elements, are compatible with the surrounding development, previous approved and constructed phases, and with the quality of design prevalent in the City. The commercial units are suitably designed and conform to the established theme of the project. 4. The site design of the project including, but not limited to project entries, interior circulation, pedestrian and bicycle access, pedestrian amenities, screening of equipment, exterior lighting, and other site design elements are compatible with previous approved and constructed phases, surrounding development, and with the quality of design prevalent in the City. 5. Project landscaping, including but not limited to the arrangement, variety, size, color, texture, and coverage of plant materials, with conditions, has been designed so as to provide relief, complement buildings, visually emphasize prominent design elements, screen undesirable views, provide a harmonious transition between adjacent land uses, and provide an overall unifying influence to enhance the visual continuity of the project. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the Planning Commission in this case; 2. That it does hereby approve Site Development Permit 2006-859 for the reasons set forth in this Resolution, subject to the Conditions, attached hereto; PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Planning Commission, held on the 13T" day of June, 2006, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: PAUL QUILL, Chairman City of La Quinta, California P:\Reports - PC\2006\6-13-06\SDP 06-859\sdp 2006-859 pc res.doc Planning Commission Resolution 2006- Site Development Permit 2006-859 One Eleven La Quints, LLC. Adopted: June 13, 2006 ATTEST: DOUGLAS R. EVANS Community Development Director City of La Quinta, California P:\Reports - PC\2006\6-13-06\SDP 06-859\sdp 2006-859 pc res.doc PLANNING COMMISSION RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-859 SHOVLIN DEVELOPMENT / ONE ELEVEN LA QUINTA, LLC. ADOPTED: JUNE 13, 2006 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 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. 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: • Fire Marshal • Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) Encroachment Permit, Stormwater Discharge Fee, Other Fees • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency • South Coast Air Quality Management District Coachella Valley The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. 3. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08-DWQ. PLANNING COMMISSION RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-859 SHOWN DEVELOPMENT / ONE ELEVEN LA QUINTA, LLC. ADOPTED: JUNE 13, 2006 4. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s)• PROPERTY RIGHTS 5. 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. 6. 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. 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. 7. 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. 8. The following improvement plans shall be prepared and submitted for review and approval by the City. 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. A. On -Site Precise Grading Plan 1 " = 20' Horizontal B. PM10 Plan Per requirements of Public Works/Engineering Department Green Sheet (Public Works Clearance) for Building Permits NOTE: A and B to be submitted concurrently. P:\Reports - PC\2006\6-13-06\SDP 06-859\SDP 2006-859 PC COA.doc PLANNING COMMISSION RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-859 SHOVLIN DEVELOPMENT I ONE ELEVEN LA QUINTA, LLC. ADOPTED: JUNE 13, 2006 "On -Site Precise Grading" plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and ADA requirements, retaining and perimeter walls, etc. ADA accessibility to public streets, adjacent buildings and existing handicap parking shall be shown on the Site Development Plans at a scale to be determined by the Public Works Department. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 2001 California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted to the Engineering Department in conjunction with the Site Development Plan when it is submitted for plan checking. 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. 9. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the Online Engineering Library at the City website (www.la-quinta.org). Navigate to the Public Works Department home page and look for the Online Engineering Library hyperlink. 10. The applicant shall furnish a complete set of the AutoCAD files of all approved improvement plans on a storage media acceptable to the City Engineer. The files shall be saved in a standard AutoCAD format so they may be fully retrievable through a basic AutoCAD program. At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the AutoCAD files in order to reflect the as -built conditions. Where the improvement plans were not produced in a standard AutoCAD format, or a file format that can be converted to an AutoCAD format, the City Engineer will accept raster -image files of the plans. PRECISE GRADING 11. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. PAReports - PC\2006\6-13-06\SDP 06-859\SDP 2006-859 PC COA.doc PLANNING COMMISSION RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-859 SHOWN DEVELOPMENT / ONE ELEVEN LA QUINTA, LLC. ADOPTED: JUNE 13, 2006 12. 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. 13. 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. 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. 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. 14. 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. 15. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus three tenths of a foot from the elevations shown on the approved Site Development Permit site plan, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 16. 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 as approved by the City Engineer. DRAINAGE 17. Stormwater handling shall conform to the hydrology and drainage plan for the ONE ELEVEN/LA QUINTA CENTER as modified for this Site Development P:\Reports - PC\2006\6-13-06\SDP 06-859\SDP 2006-859 PC COA.doc PLANNING COMMISSION RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-859 SHOVLIN DEVELOPMENT / ONE ELEVEN LA QUINTA, LLC. ADOPTED: JUNE 13, 2006 Permit. Storm and nuisance water shall be conveyed into a drywell or other approved filtration system prior'to being discharged into the Coachella Valley Stormwater Channel. All nuisance water shall be contained within the approved system. The applicant shall submit to the Public Works Department the aforementioned modified Hydrology Report for approval. 18. The 100-year stormwater flow HGL for the Coachella Valley Stormwater Channel shall be assumed at 2 feet below the 500 year Project Storm Design. 19. When an applicant proposes discharge of storm water directly, or indirectly, into the Coachella Valley Stormwater Channel, the applicant shall indemnify the City from the costs of any sampling and testing of the development's drainage discharge which may be required under the City's NPDES Permit or other City - or area -wide pollution prevention program, and for any other obligations and/or expenses which may arise from such discharge. The indemnification shall be executed and furnished to the City prior to the issuance of any grading, construction or building permit, and shall be binding on all heirs, executors, administrators, assigns, and successors in interest in the land within this tentative parcel map excepting therefrom those portions required to be dedicated or deeded for public use. The form of the indemnification shall be acceptable to the City Attorney. If such discharge is approved for this development, the applicant shall make provisions in the final development CC&Rs for meeting these potential obligations. UTILITIES 20. 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. 21. 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. 22. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer: P:\Reports - PC\2006\6-13-06\SDP 06-859\SDP 2006-859 PC COA.doc PLANNING COMMISSION RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-859 SHOWN DEVELOPMENT I ONE ELEVEN LA QUINTA, LLC. ADOPTED: JUNE 13, 2006 PARKING LOTS 23. The design of parking facilities shall conform to LQMC Chapter 9.150 (Parking). Entry drives, main interior circulation routes, corner cutbacks, , ADA accessibility route to public streets and other features shown on the approved construction plans, may require additional street widths and other improvements as may be determined by the City Engineer. 24. 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. 25. The design of parking facilities and loading docks shall conform to LQMC Chapter 9.150 (Parking) and as approved by the Department of Public Works. In particular, the following are conditioned with this approval. A. Cross slopes should be a maximum of 2% where ADA accessibility is required including accessibility routes between buildings. B. Building access points shall be shown on the Precise Grading Plans to better evaluate ADA accessibility issues. C. Access to public streets, public transit facilities and adjacent buildings shall be provided for this Site Development Permit. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Parking Areas (Parking and Low Traffic) 3.0" a.c./4.5" c.a.b. Parking Areas (Truck Traffic) 4.5" a.c./5.5" c.a.b. PAReports - PC\2006\6-13-06\SDP 06-859\SDP 2006-859 PC COA.doc PLANNING COMMISSION RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-859 SHOWN DEVELOPMENT / ONE ELEVEN LA QUINTA, LLC. ADOPTED: JUNE 13, 2006 or the approved equivalents of alternate materials. The applicant shall match existing pavement structures of the abutting loading/parking areas at the northerly portion of the site per the Petco Precise Grading Plan and as approved by the City Engineer. Additionally, the applicant may be required to reconstruct the pavement section to the east for anticipated Truck Traffic Load requirements. 26. 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. LANDSCAPING 27. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 28. Landscape and irrigation plans for landscaped parking lots and planting areas shall be signed and stamped by a licensed landscape architect. The applicant shall submit the landscape plans for approval for plan checking to the Public Works Department. When plan checking has been completed by the Public Works and Community Development Departments, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the City Engineer. NOTE: Plans are not approved for construction until signed by the City Engineer. 29. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. 30. Landscaping shall be installed along the storefront and at the eastern side of the building. Bougainvilleas shall be attached to the front columns as a vertical element. Plantings shall be placed between the front columns. QUALITY ASSURANCE 31. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 32. The applicant shall employ, or retain, qualified engineers, surveyors, and such P:\Reports - PC\2006\6-13-06\SDP 06-859\SDP 2006-859 PC COA.doc PLANNING COMMISSION RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-859 SHOWN DEVELOPMENT / ONE ELEVEN LA QUINTA, LLC. ADOPTED: JUNE 13, 2006 other appropriate professionals as are required to provide the expertise with which to prepare and sign accurate record drawings, and to provide adequate construction supervision. 33. The applicant shall arrange for, and bear the cost of, all measurements, sampling and testing procedures not included in the City's inspection program, but which may be required by the City, as evidence that the construction materials and methods employed comply with the plans, specifications and other applicable regulations. 34. Upon completion of construction, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing," "As -Built" or "As -Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all AutoCAD or raster -image files previously submitted to the City, revised to reflect the as -built conditions. MAINTENANCE 35. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 36. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. FEES AND DEPOSITS 37. 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. 38. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). COMMUNITY DEVELOPMENT 39. Trash enclosures shall be relocated along the rear wall of the building so as to PAReports - PC\2006\6-13-06\SDP 06-859\SDP 2006-859 PC COA.doc PLANNING COMMISSION RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-859 SHOWN DEVELOPMENT I ONE ELEVEN LA QUINTA, LLC. ADOPTED: JUNE 13, 2006 not obstruct adjacent loading zones. 40. All roof top mechanical equipment shall be fully screened as per Section 9.100.050 of the Zoning Ordinance. 41. Tubular -steel "ribbon -type" or other securable, foundation -inset bicycle parking racks shall be provided, large enough to accommodate at least three bicycles. Bicycle racks shall be placed in shaded locations, out of the way of pedestrian flows and shopping cart storage and shall be provided with a mechanism which permits locking a bicycle onto the rack. Final placement shall be approved by the Community Development Department. 42. Storage lockers shall be limited for the use of shopping center tenants only. Loading and unloading of the storage lockers shall be from the rear of the structure. The eastern storage locker access door shall be for emergency use only. 43. Focused security lighting, in accord with the Outdoor Lighting Ordinance, shall be installed along the side and rear of the building. All pedestrian pathways shall be illuminated with focused and directed lighting. Decorative, lighted bollards shall be placed along and within the eastern sidewalk to prevent vehicular traffic and to provide security lighting. Final location and design shall be reviewed and approved by the Community Development Department. SHERIFF DEPARTMENT 44. Final conditions will be addressed when building plans are reviewed. Prior to issuance of a building permit, applicant shall review building plans with the Sheriff's Department regarding Vehicle Code requirements, defensible space, and other law enforcement and public safety concerns. All questions regarding the Sheriff's Department should be directed to the Deputy at (760) 863-8950. P:\Reports - PC\2006\6-13-06\SDP 06-859\SDP 2006-859 PC COA.doc PH # STAFF REPORT PLANNING COMMISSION DATE: JUNE 13, 2006 CASE NO.: ZONING CODE AMENDMENT 2006-084 REQUEST: RECOMMENDATION TO THE CITY COUNCIL TO AMEND SECTION 9.80.040 OF THE LA QUINTA MUNICIPAL CODE LOCATION. NEIGHBORHOOD COMMERCIAL ZONED PROPERTIES APPLICANT: CITY OF LA QUINTA ENVIRONMENTAL CONSIDERATION: THE LA QUINTA COMMUNITY DEVELOPMENT DEPARTMENT HAS DETERMINED THAT THE AMENDMENT TO THE MUNICIPAL CODE IS EXEMPT FROM CEQA PURSUANT TO SECTION 15061(b) (3) OF THE CEQA GUIDELINES BACKGROUND: As currently written in the City's Municipal Code, the Neighborhood Commercial (NC) zoning district only allows retail stores less than 10,000 square feet in area. Exceptions have been granted via the approval of a specific plan (i.e. Regency Marinita at Jefferson Street & Fred Waring Drive). At the March 14, 2006 Planning Commission meeting, staff requested direction regarding this matter and was ultimately directed to propose an amendment the City's Municipal Code allowing for the consideration of retail stores 10,000 square feet or greater in the NC district as a conditional use. ANALYSIS: The purpose and intent of the NC zoning district is identified to "provide for the sale of food, drugs, sundries, and personal services to meet the daily needs of a neighborhood area." (Attachment 1) Though there are many businesses less than 10,000 square feet in size providing sundries and personal services, most grocery and drug stores are much larger. Typically, grocery stores are approximately 40,000 - 60,000 square feet in size while drug stores are around 15,000 - 25,000 square feet. Currently, there are a limited number of undeveloped NC zoned properties. However, several of these sites are in locations that could develop in the foreseeable future. It is likely that many, if not all of these sites will propose stores that exceed 10,000 square feet in size. This will in turn require the approval of specific plans for each development. PAReports - PC\2006\6-13-06\ZOA 06-08420A 06-084 stf rpt.doc Arguably, stores greater than 10,000 square feet can have more significant impacts than those smaller in size (noise, traffic, aesthetics, etc.). However, it is questionable if a specific plan for commercial development on NC zoned properties should be the only and/or best mechanism for allowing consideration of larger stores. Based upon the purpose and intent of the NC district, staff discussion has focused upon the possibility of amending the City's Municipal Code to allow stores ranging from 10,000 to 50,000 square feet as a conditional use (conditional use permit) in the NC zoning district. As previously noted, the typical range in grocery store size can be as large as 60,000 square feet. However, most neighborhood focused stores are at or less than 50,000 square feet. The conditional use process would still allow detailed, site -specific project review but would likely be less arduous than the specific plan application process. FINDINGS: The findings to support Zoning Code Amendment 2006-084 are contained in the attached Planning Commission Resolution. RECOMMENDATION: Adopt Planning Commission Resolution 2006-_ recommending to the City Council approval of Zoning Code Amendment 2006-084, as recommended. Prepared by: / - tes John tanning Manager P:\Reports - PC\2006\6-13-06\ZOA 06-08420A 06-084 stf rpt.doc PLANNING COMMISSION RESOLUTION 2006- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING AN AMENDMENT TO SECTION 9.80.040 OF THE LA QUINTA MUNICIPAL CODE RELATING TO RETAIL STORES 10,000 to 50,000 SQUARE FEET IN SIZE IN THE NEIGHBORHOOD COMMERCIAL ZONING DISTRICT CASE NO.: ZOA 2006-084 APPLICANT: CITY OF LA QUINTA WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 13" of June, 2006, hold a duly noticed Public Hearing to make certain Amendments to Sections 9.80.040 of the Municipal Code, to allow retail stores 10,000 to 50,000 square feet in size to be considered as a conditional use; and WHEREAS, the Text Amendment is exempt pursuant Section 15061(b) (3) of the California Code of Regulations, California Environmental Quality Act Guidelines; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did make the following mandatory findings recommending approval of said Zoning Code Amendment: 1. The proposed Amendment is consistent with the goals and policies of the La Quints General Plan, and the Land Use Map for the General Plan and surrounding development and land use designations, ensuring land use compatibility. 2. The proposed Amendment will not be detrimental to the public health, safety and welfare, as they have been designed to be compatible with surrounding development and conform to the City's standards and requirements. 3. The proposed Amendment supports the orderly development of the City. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quints, California, as follows: 1. That the above recitations are true and constitute the findings of the Planning Commission in this case. 2. That it does hereby confirm the conclusion that the Zoning Code Amendment is exempt from CEQA, pursuant to Section 15061(b) (3), Review for Exemption, of the CEQA Guidelines. Planning Commission Resolution 2006- ZOA 2006-084 - Section 9.80.040 Retail Stores Adopted: June 13, 2006 3. That it does recommend approval of Zoning Code Amendment 2005-083 to the City Council for the reasons set forth in this Resolution and as contained in Exhibit "A" attached hereto. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 13`° day of June, 2006, by the following vote, to wit: F-M *13 I,Ld*5 ABSENT: ABSTAIN: PAUL QUILL, Chairman City of La Quinta, California ATTEST: DOUGLAS R. EVANS Community Development Director City of La Quinta, California Planning Commission Resolution 2006- ZOA 2006-084 — Section 9.80.040 Retail Stores Adopted: June 13,2006 Section 9.80.040 — Table of Permitted Uses EXHIBIT "Ar' A. Uses and Structures Permitted. Table 9-5, Permitted Uses in Nonresidential Districts, following, specifies those uses and structures which are permitted within each nonresidential district. The letters in the columns beneath the district designations mean the following: 1. "P": Permitted as a principal use within the district. 2. "A": Permitted only if accessory to the principal use on the site. 3. "C": Permitted as a principal or accessory use if a conditional use permit is approved. 4. "M": Permitted if a minor use permit is approved. 5. "T": Permitted as a temporary use only. 6. "V: Prohibited in the district. 7. "S": Permitted under a specific plan. B. Uses Not Listed in Table. Land uses which are not listed in Table 9-5 are not permitted unless the community development director or the planning commission determines that such use is within one of the permitted use categories listed preceding (e.g., principal use, conditional use, etc.) in accordance with Section 9.20.040. Table 9-5 Permitted Uses In Nonresidential Districts P = Principal use District A = Accessory use C = Conditional use permit M = Minor use permit Major T = Temporary use permit Regional Commercial Community Neighborhood Tourist Office Community X = Prohibited use Commercial Park Commercial Commercial Commercial Commercial Facilities Land Use CR CID cc CN CT CO MC Retail Uses Retail stores under 10,000 sq. ft. P A P P A A X floor area per business Retail stores', 10,000-50,000 P C C C X X X sq. ft. floor area Retail stores', over 50,000 sq. ft. C C C X X X X floor area Food, liquor and convenience P A p p q A X stores under 10,000 sq. ft. floor area, open less than 18 hours/day2 Food, liquor and convenience C X C C C X X stores under 10,000 sq. ft. floor area, open 18 or more hours/day2 Plant nurseries and garden supply C X C C X X X stores, with no propagation of plants on the premises, subject to Section 9.100.120 (Outdoor storage and display) Showroom/catalog stores, without P P P X X X X substantial on -site inventory BI #P STAFF REPORT PLANNING COMMISSION DATE: JUNE 13, 2006 CASE NO: VILLAGE USE PERMIT 2003-019 APPLICANT/OWNER: SKIP LENCH REQUEST: CONSIDERATION OF A TIME EXTENSION FOR CONSTRUCTION OF AN ADDITION OF 4,494 SQUARE FEET TO AN EXISTING ± 1,450 SQUARE FOOT BUILDING, FOR OFFICE USE LOCATION: NORTHEAST CORNER OF DESERT CLUB DRIVE AND CALLE CADIZ (ATTACHMENT #1) ENVIRONMENTAL CONSIDERATION: VILLAGE USE PERMIT 2003-019 WAS DETERMINED TO BE EXEMPT FROM CEQA REVIEW UNDER GUIDELINES SECTION 15332 (INFILL DEVELOPMENT). NO FURTHER CEQA REVIEW IS APPLICABLE FOR THIS REQUEST GENERAL PLAN DESIGNATION: VC (VILLAGE COMMERCIAL) ZONING: VC (VILLAGE COMMERCIAL) BACKGROUND: Site Background In November 2003, Dr. John Dixon applied for a Village Use Permit (VUP) to remodel and occupy an existing 1,450 square foot residence as a medical office. While in process, Dr. Dixon amended the request, to include a major addition to the existing structure. Village Use Permit 2003-019 was originally approved on October 12, 2004 by adoption of Planning Commission Resolution 2004-077. The VUP proposes a one-story, ±5,944 total square foot office building, to incorporate the existing structure as medical office (Attachment 2). The VUP approval allowed temporary occupancy of the existing structure for the change of use to medical office, to become permanent with completion of the improvements conditioned on the VUP. The site was subsequently sold, and the new owner would like to complete the ongoing plan check requirements and proceed with construction as approved. Project Proposal The current owner of the property desires to complete the original project. However, the approval expired on October 12, 2005, during the course of plan check activities. The original VUP approval was conditioned for a one-year period; however, the Code allows development review permits a two-year approval period. The applicant has requested the City enforce the general development review time limit of two years, extending the approval period to October 12, 2006, to allow the project to proceed. The current status of the project has precise grading ready to be signed, and minor corrections to the building plans need to be made based on the approved grading plans. After researching the Code, staff determined it would be appropriate to forward the request to the Planning Commission for review and policy determination. STATEMENT OF ISSUES: 1. In the past, staff has applied conditional time limitations to specific projects, particularly when reduced development standards are involved. This is a protective measure used to limit the approval window for projects which could become inconsistent with City policy or standards within a very short timeframe. The project approval allowed reduced parking standards (17 stalls vs. 26 required by code), at a time when a defined parking program had not been established and projects were reviewed for parking case -by -case. 2. The policy question before the Commission is whether the Code -based two- year development review permit approval period should be considered to govern as a Code requirement, versus a conditional time limitation that reduces the codified time allowance. In this case, the applicant has been working toward completion of the permit, with no extended inactivity during the process, and has provided a letter to support this (Attachment 3). It is likely that under a two-year approval, the permit would have been issued, with construction underway by this time. Staff is generally supportive of the request, with the recommendation that the entire building be limited to general office use only, excluding medical and construction offices which generally have more intensive parking needs. 3. If an extension for the project is not granted, the applicant would be required to go back through the review process from the beginning. Under current procedures and staff direction, a development agreement would be required, and the applicant would need to comply with the full number of required parking spaces through a combination of on -site parking provisions and an associated funding mechanism. The applicant has stated that the project will not likely be pursued further if an extension cannot be granted. RECOMMENDATION: Adopt Minute Motion 2006- , confirming a determination by the Planning Commission that the time limitations set forth in Section 9.200.080 are applicable to Village Use Permit 2003-019, thereby establishing an expiration date of October 12, 2006, subject to the following: 1. Condition 44 is hereby expanded to include the entire building as limited to general office use, which excludes medical office and construction office uses, and any similar office uses that are more parking -intensive than general office uses as determined under Chapter 9.150. Prepared by: Wallace Nesbit, Principal Planner Attachments: 1. Location map 2. Approved site plan/elevations 3. Applicant request letter 4. VUP 2003-019 adopted conditions ATTACHMEI q� �m 1 O jo m I QQ o a I> I^ ,, = 2 O O 3 1 - 9 c a I \ a� 7 1 = 9 I n I J 2• eN s) p to, )D $0 n ry 3° 91 I.Oa 6) ESTADO e 75 35 )ez )) el 180 51 )e 1 Sfl t 30 O O O O Y V 3 O= o SB 9B t 2 4 m J 7 B 1 9 10 tt I TL 2.1 — 123 too Ica Izo too 00 8 7 10 9 14 "• 9 9O r O _ O a - m - 5 9 SITr. lax.sl lez » 79 35 15 35 (�ii� R'00o N P.Iea �{I �✓ \ lol gc '�—,— — I — .�— IED 63 Ita 0; BI 99 n. PI 59 O O W 7 Iv0 Q 122 too 133 135 30 I I e E AVE. 52 E a i w I■G�: i LENCH DESIGN STUDIO, INC. ATTACHMENT June 7, 2006 Mr. Doug Evans Community Development Director City of La Quinta Community Development Department RE: VILLAGE USE PERMIT @ 51-350 DESERT CLUB DRIVE Dear Mr. Evans: We are requesting an extension of time to October 29, 2006, the full two years allowed for processing a proposed development. As we have discussed with you, our plans, particularly the civil engineering plans pertaining to this project have been submitted and resubmitted to the city over six times with new requirements requested to be added to the plan each time. However, we have finally received from the engineering department approval only to be told by the planning department that we had been given only one year to process the plans and time has run out. The architectural plans have been submitted and reviewed and need only to be amended to conform to the requested engineering adjustments to match the now approved, civil engineering plans. We trust we are being reasonable to request the fiill two years to process our plans. Th7 you. A. P. Lench, II President APL:vI P.O. BOX 450 * LA QUINTA * CALIFORNIA * 92247-0450 760-564-1866 * FAX 760-564-2627 ATTACHMENT PLANNING COMMISSION RESOLUTION 2004-077 EXHIBIT "A" CONDITIONS OF APPROVAL - FINAL VILLAGE USE PERMIT 2003-019 DR. JOHN DIXON OCTOBER 12, 2004 GENERAL CONDITIONS OF APPROVAL 1. Village Use Permit 2003-019 (VUP 2003-019) shall be developed in compliance with these conditions and all approved site plan, elevation, color, materials and other approved exhibits submitted for this application, and any subsequent amendment(s). In the event of any conflicts, these conditions shall take precedence. 2. This approval shall expire one year after its effective date, if construction of the addition has not begun, as determined pursuant to Section 9.200.060.0 of the Zoning Code, unless extended pursuant to the provisions of Section 9.200.080. Approval of this Use Permit includes those improvements necessary for permanent occupancy of the medical office use currently established on the site. Any existing temporary CO outstanding for the medical office will expire as part of this Use Permit and its provisions. 3. The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this development application or any application thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the developer of any claim, action or proceeding and shall cooperate fully in the defense. 4. Prior to the issuance of a grading, construction or building permit, the applicant shall obtain permits and/or clearances from the following public agencies: • Riverside County Fire Marshal • La Quinta Building and Safety Department • La Quinta Public Works Department (Grading/ Improvement/Encroachment Permits) • La Quinta Community Development Department • Riverside County Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Southern California Gas Company • Imperial Irrigation District (IID) Planning Commission Resolution 2004-077 Village Use Permit 2003-019 Conditions of Approval - FINAL October 12, 2004 • California Water Quality Control Board (CWQCB) • Waste Management of the Desert The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. 5. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls) and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08-DWQ. 6. All parking area civil plans and improvements shall be developed in accordance with the standards set forth in applicable portions of Section 9.150.080 of the Zoning Code, except where the approved plans shall take precedence. Handicap access and facilities, including both handicapped parking stalls, shall be provided in accordance with Federal (ADA), State and local requirements. The following revised parking standards are approved for VUP 2003-019: A. Parking stall dimensions of 8 feet wide and 18 feet depth, with one a foot overhang, for all standard parking stalls, including end stalls. B. Total parking area count of 17 stalls, including handicap stalls. C. Parking aisle width of 24 feet. D. One row of five parking stalls, in the north parking area, shall be covered by a shade structure to provide shaded parking. The applicant may meet this requirement by extension of the building patio trellis, if such extension is preferred by the applicant and is feasible. Final design for the shade structure shall be approved by the Community Development Department. PROPERTY RIGHTS 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 Planning Commission Resolution 2004-077 Village Use Permit 2003-019 Conditions of Approval - FINAL October 12, 2004 irrevocable offers to' dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 8. 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 shown on the Village Use Permit and conditioned hereafter. The applicant shall provide easement for the two City of La Quinta Street Lights conditioned in STREETS AND TRAFFIC IMPROVEMENTS. The easement shall be a 2.5' by 2.5' square for each light as approved on the precise grading plan. 9. 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. 10. The applicant shall cause no easements .to be granted, or recorded, over any portion of the subject property, between the date of approval of this Village Use Permit and the date of final acceptance of the on -site and off -site improvements for this Village Use Permit, unless such easements are approved by the City Engineer. IMPROVEMENT PLANS As used throughout these conditions of approval, professional titles such as "engineer", "surveyor", and "architect" refer to persons currently certified or licensed to practice their respective professions in the State of California. 11. 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. 12. The following improvement plans shall be prepared and submitted for review and approval by the City. 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. A. On -Site Precise Grading Plan: 1 " = 30' Horizontal Planning Commission Resolution 2004-077 Village Use Permit 2003-019 Conditions of Approval - FINAL October 12, 2004 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. On -Site Precise Grading Plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, sidewalks, building floor elevations, parking lot improvements and ADA requirements for the parking lot and access to the building; and showing the existing street improvements out to at least the center lines of adjacent existing streets including ADA accessibility route to surrounding buildings, parking facilities and public streets. 13. The City maintains standard plans, details and/or construction notes for elements of construction. For a fee, established by City resolution, the applicant may acquire standard plans, construction notes and/or detail sheets from the City. 14. The applicant shall furnish a complete set of the AutoCAD files of all approved improvement plans on a storage media acceptable to the City Engineer. The files shall be saved in a standard AutoCAD format so they may be fully retrievable through a basic AutoCAD program. At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the AutoCAD files in order to reflect the as -built conditions. Where the improvement plans were not produced in a standard AutoCAD format, or a file format that can be converted to an AutoCAD format, the City Engineer will accept raster -image files of the plans FIRE PROTECTION 15. Specific fire protection requirements, as specified in the letter dated September 10, 2004 (received October 12, 2004), will be determined when final building plans are submitted for review. Building plan check is to run concurrent with the City plan check. Submittals are the responsibility of the owner. All questions regarding the meaning of the Fire Department conditions should be referred to the Fire Department Planning & Engineering staff (c/o Dale Evenson, Fire Safety Specialist) at (760) 863-8886. Planning Commission Resolution 2004-077 Village Use Permit 2003-019 Conditions of Approval - FINAL October 12, 2004 GRADING 16. 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. 17. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A precise grading plan prepared by a qualified engineer or architect, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, and C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), 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. 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. 18. The applicant shall maintain all open graded, undeveloped land to prevent wind and water erosion of soils. All such land shall be planted with interim landscaping or stabilized with other erosion control measures as were approved under the Fugitive Dust Control Plan. 19. Prior to issuance of any building permit, the applicant shall provide a lot pad certification, stamped and signed by a qualified engineer or surveyor. DRAINAGE 20. Nuisance water shall be retained on site and be disposed of in a trickling sand filter and leach field or equivalent system approved by the City Engineer. The sand filter and leach field shall be designed to contain nuisance water surges totaling the following: 3.43 gph/2,000 sq. ft. of landscape area, 3.43 gph per residential unit, 416.7 gallons per hour per well site and off -site street nuisance water. The sand filter design shall be per La Quinta Standard 370 with the equivalent of 137.2 gph of water feed per sand filter to accept the abovementioned nuisance water requirements. Leach line requirements are 1.108 feet of leach line per gph of flow. Planning Commission ResolVtion 2Q04-077 Village Use Permit 2003-019 Conditions of Approval - FINAL October 12, 2004 UTILITIES 21. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within the right of way and all above -ground utility structures including, but not limited to, traffic signal cabinets, electrical vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 22. 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 of the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 23. 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. 24. No additional street improvements are required, except for: Desert Club Drive 1) Two (2) City of La Quinta Decorative Street Lights. The applicant shall pay to the City, 100% of the cost for installation and materials of two (2) City of La Quinta Decorative Street Lights. Calle Cadiz 1) Construct a 6-foot wide sidewalk adjacent to curb and perimeter landscaping along the Calle Cadiz boundary. The sidewalk and landscaping design shall be approved by the Public Works Department and the Community Development Department. 25. Improvements shall be designed and constructed in accordance with City adopted standards. Planning Commission Resolution 2004-077 Village Use Permit 2003-019 Conditions of Approval - FINAL October 12, 2004 PARKING LOTS AND ACCESS POINTS 26. The design of parking facilities shall conform to LQMC Chapter 9.150 (Parking), particularly drive isle and access drive widths, parking stall dimensions, and parking stall marking design requirements, except where these conditions specify exceptions. 27. Design of hardscape within the parking lot areas shall incorporate the use of block, pavers, stamped concrete and/or similar materials, in order to soften the appearance associated with standard parking areas. All materials, design construction and improvements proposed shall be subject to approval of the Public Works Department, and shall be shown on the civil plans for precise grading review. 28. The applicant shall design street pavement sections using Caltrans' design procedure (20-year life) and site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows (or approved equivalents for alternate materials): Parking Areas 3.0" a.c./4.5" c.a.b. 29. 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. 30. General access points and turning movements of traffic are limited to the existing access points. 31. The applicant shall provide adequate sight distance at the proposed access driveways on Desert Club Drive and Calle Cadiz. The design shall be approved prior to precise grading and landscaping improvement plans submittal to the Engineering Department and/or Community Development Department. QUALITY ASSURANCE 32. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. Planning Commission Resolption 2004-077 Village Use Permit 2003-019 Conditions of Approval - FINAL October 12, 2004 33. The applicant shall employ or retain• qualified engineers, surveyors, or other appropriate professionals as are required to provide the expertise with which to prepare and sign accurate record drawings, and to provide adequate construction supervision. 34. The applicant shall arrange for, and bear the cost of, all measurement, sampling and testing procedures not included in the City's inspection program but required by the City as evidence that construction materials and methods employed comply with plans, specifications and other applicable regulations. 35. Upon completion of construction, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing," "As -Built" or "As -Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all AutoCAD or raster -image files previously submitted to the City revised to reflect the as -built conditions. FEES AND DEPOSITS 36. The applicant shall pay the City's established fees for plan checking and construction inspection. Fee amounts shall be those in effect when the applicant makes application for plan checking and permits. 37. Provisions shall be made to comply with the terms and requirements of the City's adopted Art in Public Places program in effect at the time of issuance of building permits. 38. Permit(s) issued under this approval shall be subject to the provisions of the Development Impact Fee program in effect at the time said permit(s) are issued. MISCELLANEOUS 39. The applicant shall submit a detailed project area lighting plan, in compliance with the standards of the City's outdoor lighting requirements (Section 9.100.150, LQMC). Under canopy lighting for building areas shall incorporate flush lens caps or similar recessed ceiling lighting. All proposed lighting on the building, walkways and parking lots (bollard lighting fixtures) shall be shielded so that light is projected downward and not onto adjacent properties or streets. The complete lighting plan shall be submitted for review at the time construction plan check for the permanent building permit is made to Building and Safety. Planning Commission Resolution 2004-077 Village Use Permit 2003-019 Conditions of Approval - FINAL October 12, 2004 40. A sign approval application, based on the extent and type of signing to be proposed, shall be submitted for review and approval for any new signing as shown on the site plan. Sign program provisions, if required, shall be in compliance with applicable sections of Chapter 9.160 of the Zoning Code. 41. The applicant shall submit drought -tolerant landscape plans for approval by the Community Development Department (CDD), which shall include on and off -site landscape, landscape lighting and irrigation plans. Plans shall be in substantial conformance with the conceptual landscaping as approved for the project by Planning Commission. The plans shall incorporate the following previsions: A. Additional shade trees shall be provided within the parking lot areas. B. The trash enclosure shall be relocated away from the property line, with an effective landscape screen incorporated around the trash enclosure. The A/C units shown on the plan shall be relocated further from the east property line, and shown on the building plans for plan check. C. An effective landscape screening material shall be located along the eastern property line, adjacent to residential properties. Type and quantities specified shall be subject to CDD acceptance. A wall plan shall be submitted for all proposed wall locations. Specific attention will be given along the east property line to provide a wall design sensitive to the existing Eucalyptus trees, if the applicant and neighboring property owner agree that the trees are to remain in place. D. The revised landscape plans shall include enhanced landscaping at the project's corner yard area at Desert Club and Calle Cadiz. A central landscape feature shall be considered. When plan checking is complete, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner prior to submitting for final acceptance by the CDD. Final approval by CDD shall be obtained prior to issuance of a building permit for the main structural addition. Landscaping plans for the building shall comply the City's Water Efficient Landscaping Ordinance (Chapter 8.13) for this project, as in effect at time of plan submittal. Required plans shall include a complete irrigation system showing location and size of water lines, valves, clock timer, type of sprinkler, etc. Planning Commission ResolWtion 2004-077 Village Use Permit 2003-019 Conditions of Approval - FINAL October 12, 2004 42. All roof -mounted mechanical equipment must be designed to be internal to and completely enclosed by the roof structure, so as not to be visible from surrounding properties and streets. ' Working drawings showing all such equipment and locations shall be submitted to the Building and Safety Department along with. the construction plan submittal for building permits. The method and design must be approved by the Community Development Department, prior to any issuance of the main structural building permit. 43. Access to the rear of building areas shall be, restricted by gating, which shall be designed and finished to complement the new building complex. 44. This Village Use Permit allows the construction of a one-story, 4,494 square foot commercial office building addition on a 0.41-acre site with 17 on -site parking spaces. This addition space shall be limited to general office uses, and not be used for any retail or medical office space. No permanent Certificate of Occupancy for the existing medical ,office will be issued until all temporary improvements, associated with said medical office conversion, have been completed. PLANNING COMMISSIONER ATTENDANCE AT CITY COUNCIL MEETINGS JUNE 6, 2006 - JUNE 31, 2007 2006 June 6 Paul Quill 20 Rick Daniels July 5 Ed Alderson 18 Katie Barrows August 1 Paul Quill 15 No meeting September 5 Rick Daniels 12 Ed Alderson October 3 Katie Barrows 17 Jim Engle November 7 Paul Quill 21 Rick Daniels December 5 Ed Alderson 19 Katie Barrows 2007 January 2 Jim Engle 16 Paul Quill February 6 Rick Daniels 20 Ed Alderson March 6 Katie Barrows 20 Jim Engle April 3 Paul Quill 17 Rick Daniels May 1 Ed Alderson 15 Katie Barrows June 5 Jim Engle 19 Paul Quill G:1 W PDOCSW0RMSICOMATfENDCC. W PD