PCRES 1997-075PLANNING COMMISSION RESOLUTION 97-075
A RESOLUTION OF THE PLANNING COMMISSION OF THE:
CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO
THE CITY COUNCIL APPROVAL OF SITE DEVELOPMENT
PERMIT 97-612 TO ALLOW CONSTRUCTION OF A 12,546
SQUARE FOOT COMMERCIAL BUILDING, AND A 1,000
SQUARE FOOT MAINTENANCE BUILDING
CASE NO.: SITE DEVELOPMENT PERMIT 97-612
APPLICANT: THOMAS BIENEK
WHEREAS, the Planning Commission of the City of La Quinta, California, did on the
14°i day of October, 1997, hold A duly noticed Public Hearing and continued said Public Hearing to
the 28°i day of October and the 12°' day of November, 1997, for a 21.4 acre site with a two-story
12,546 square foot commercial building and a 1,000 square toot maintenance building, generally at
the northeast corner of Adams Street and 48th Avenue, more particularly described as:
A PORTION OF APN: 643-003-032
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
83-63). The Community Development Department has prepared Environmental Assessment 97-344
for this project which states the project will not have a significant impact on the environment based
on approved Conditions of Approval; 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 of approval to justify a recommendation for approval of said Site
Development Permit 97-612:
The proposed commercial building is consistent with the City's General Plan.
A. The property is designated Mixed/Regional Commercial (M/RC). The Land Use
Element (Policy 2-3.1) of the 1992 General Plan Update allows major retail business.
The project floor area ratio is .08 which is consistent with General Plan development
standards. The project is consistent with the goals, policies and intent of the La
Quinta General Plan Land Use Element (Chapter 2) provided conditions are met.
pereso.sdp 97-612
Plmming Commission Resolution 97-075
B. The General Plan Circulation Element identifies Adams Street and 48"' .Avenue as
secondary image condors; it will have street improvements with a landscaped median
and abundant landscaping contiguous to the street right-of-way consistent with
Circulation Policy 3-4. 1.2. The landscape setbacks are consistent with Circulation
Element Policy 3-4. 1.1 1. The project, as conditioned, is consistent with the goals,
objectives, and policies of the General Plan Circulation Element.
2. The proposed project is consistent with the goals and objectives of the Specific Plan in that
the project is a permitted use and complies with the development standards and design
guidelines.
3. The proposed commercial building is consistent with the City',s Zoning Code in that
development standards and criteria contained in the "The Pairings" Specific Plan supplement
replace or are consistent with those in the City's Zoning Code.
4. The site design of the proposed project is compatible with the high quality of commercial
development in the area and accommodates site generated traffic at area intersections.
5. The site design of the proposed project is compatible with adjacent residential in that the
development is set back 92 feet from property Tines and is restricted to 36 feet in height
providing adequate transition of land uses.
6. The landscape design of the proposed project complements the building and the surrounding
conunercial area in that it enhances the aesthetic and visual quality of the area and uses a high
quality of materials, and provides an adequate buffer for adjacent residential development.
T The architectural design of the project is compatible with surrounding development in that
it is similar in scale to the development in the area; the building materials are a durable,
aesthetically pleasing, and low maintenance and a blend of surfaces and textures are provided.
8. The conceptual sign program of the project is consistent with Chapter 9 160 of the Sign Code
in that it provides building identity using common elements of size, color, and materials.
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 recommend approval to the City Council of Site Development Permit 97-612 for
the reasons set forth in this Resolution and subject to the attached conditions.
pereso.sdp 97-612
Plaiming Conunission Resolution 97-07S
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City
Planning Commission, held on the 12th day of November, 1997, by the following vote, to wit:
AYES: Commissioners Abels, Kirk, Tyler, and Woodard
NOES: Commissioners Butler and Gardner
ABSENT: Commissioner Seaton
ABSTAIN: None
RIC BUTLER, ChainYlan
City of La Quinta, California
ATTEST:
tY I -I
of La
pereso.sdp 97-612
, Community Development Director
California
PLANNING COMMISSION RESOLUTION 97-075
CONDITIONS OF APPROVAL - ADOPTED
SITE DEVELOPMENT PERMIT 97-612
NOVEMBER 12, 1997
GENERAL CONDITIONS OF APPROVAL
1. The development shall comply with The Pairings Specific Plan (on file in the
Community Development Departmentl, the approved exhibits and the following
conditions, which shall take precedence in the event of any conflicts with the
provisions of the Specific Plan.
2. SDP 97-612 shall comply with all applicable conditions and/or mitigation
measures for the following related approvals:
• Environmental Assessment 97-344
• Specific Plan 97-030
• Conditional Use Permit 97-035
2. Adequate trash and recycling areas for each phase as constructed shall be
approved by the Community Development Department prior to Certificate of
Occupancy. Plan to be reviewed for acceptability by franchised waste hauler
prior to City review.
3. Prior to issuance of any grading or building permits, or ground disturbance,
mitigation measures as recommended by the Archaeological Assessment for
the site shall be completed at the applicant/developer's expense. This consists
of a Phase II Archaeological Assessment and providing an archaeological
monitor on -site during grading and earth disturbance operations. A final report
shall be submitted prior to issuance of the certificate of occupancy.
4. Handicap access, facilities and parking shall be provided per State and local
requirements.
5. Prior to any site disturbance being permitted, including construction,
preliminary site work and/or archaeological investigation, the project developer
shall submit and have approved a Fugitive Dust Control Plan (FDCP), in
accordance with Chapter 6.16 of the La Quinta Municipal Code. The plan shall
define all areas proposed for development and shall indicate time lines for any
phasing of the project, and shall establish standards for comprehensive control
of both anthropogenic and natural creation of airborne dust due to development
activities on site. Phased projects must prepare a plan that addresses control
measures over the entire build out of the project such as for disturbed lands
pending future development.
cohAPRV.S1)P97-612
Resolution 97-075
Conditions of Approval - Adopted
Site Development Permit 97-612
November 12, 1997
7. Construction shall comply with all local and State building code requirements
as determined by the Building and Safety Director.
8. Prior to issuance of any land disturbance permit, the applicant shall pay the
required mitigation fees for the Coachella Valley Fringe -Toed Lizard Habitat
Conservation Program, as adopted by the City, in the amount of $600 per acre
of disturbed land.
9. Prior to the issuance of a grading permit, the applicant shall prepare and submit
a written report to the Community Development Director demonstrating
compliance with those Conditions of Approval and mitigation measures of SDP
97-612 and EA 97-344. Prior to the issuance of a building permit, the
applicant shall prepare and submit a written report to the Community
Development Director demonstrating compliance with those Conditions of
Approval and mitigation measures of SDP 97-612, and EA 97-344. Prior to
final building inspection approval, the applicant shall prepare and submit a
written report to the Community Development Director demonstrating
compliance with all remaining Conditions of Approval and mitigation measures
of EA 97-344 and SDP 97-612. The Community Development Director may
require inspection or other monitoring to assure such compliance.
10. Upon their approval by the City Council, the City Clerk is directed to file these
Conditions of Approval with the Riverside County Recorder for recordation
against the properties to which they apply.
11. Prior to the issuance of a grading, improvement or building permit, the
applicant shall obtain permits and/or clearances from the following public
agencies:
- Fire Marshal
- Public Works Department (Grading Permit, Improvement Permit)
- Community Development Department
- Riverside Co. Environmental Health Department
- Desert Sands Unified School District
- Coachella Valley Water District
- Imperial Irrigation District
- California Regional Water Quality Control Board (NPDES Permit)
CONMIZV.SDP97-612 2
Resolution 97-075
Conditions of Approval - Adopted
Site Development Permit 97-612
November 12, 1997
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.
For projects requiring NPDES construction permits, the applicant shall include
a copy of the application for the Notice of Intent with grading plans submitted
for plan checking. Prior to issuance of a grading or site construction permit, the
applicant shall submit a copy of an approved Storm Water Pollution Protection
Plan.
12. Provisions shall be made to comply with the terms and requirements of the
City's adopted Infrastructure Fee program in effect at the time of issuance of
building permits.
13. All required easements, rights of way and other property rights shall be granted
prior to issuance of a grading, improvement or building permit for this
development.
14. The applicant shall grant public and private street right of way and utility
easements in conformance with the City's General Plan, Municipal Code,
applicable specific plans, and as required by the City Engineer.
Property rights required of this development include:
A. Avenue 48 - 55-feet, half of 110-feet right of way
B. Adams Street - 55-feet, half of 110-feet right of way
Right of way grants shall include additional width as necessary to
accommodate bus turnouts, dedicated turn lanes and other improvements
shown on the approved improvement plans.
15. The applicant shall grant any easements necessary for placement: of and access
to utility lines and structures, drainage basins, mailbox clusters, park lands, and
common areas.
CON:V'R V.S1)P97-G 12
Resolution 97-075
Conditions of Approval - Adopted
Site Development Permit 97-612
November 12, 1997
16. The applicant shall create 20-foot perimeter setback lots or areas adjacent to
Avenue 48 and Adams Street . Minimum widths may be used as average
widths for meandering wall designs. If a meandering wall is utilized, the
applicant shall dedicate blanket sidewalk easements over the setback areas.
17. Improvement plans submitted to the City for plan checking shall be submitted
on 24" x 36" media. On -site plans shall be submitted in the categories of
"Grading, Paving and Drainage" and "Precise Grading and Plot Plan." Off -site
improvements shall be submitted in the categories of "Grading," "Streets &
Drainage," and "Landscaping." The "Precise Grading and Plot Plan" shall have
signature blocks for the Community Development Director and the Building
Official. All other plans shall have signature blocks for the City Engineer.
Plans are not approved for construction until they are signed.
Offsite street and drainage plans for this development will be limited to
modifications, if any, made to the improvements installed by the City. If water
and sewer plans are included on street and drainage plans, the plans shall
have an additional signature block for the Coachella Valley Water District
(CVWD)• The combined plans shall be signed by CVWD prior to their
submittal for the City Engineer's signature.
"Landscaping" plans shall normally include landscape improvements, irrigation,
lighting, and perimeter walls.
Plans for improvements not listed above shall be in formats approved by the
City Engineer.
18. The City may maintain standard plans, details and/or construction notes for
elements of construction. For a fee established by City resolution, the
applicant may acquire standard plan and/or detail sheets from the City.
19. When final plans are approved by the City, and prior to issuance of grading,
improvement or building permits, the applicant shall furnish accurate computer
files of off -site (street, drainage & sidewalk) plans constructed by the applicant.
The files shall be on storage media and in a program format acceptable to the
City Engineer. At the completion of construction and prior to final acceptance
of improvements, the applicant shall update the files to reflect as -constructed
conditions including approved revisions to the plans.
CONAPRV.SDN7-612 4
Resolution 97-075
Conditions of Approval - Adopted
Site Development Permit 97-612
November 12, 1997
20. The applicant shall construct improvements and/or satisfy obligations, or enter
into a secured agreement to construct improvements and/or satisfy obligations
required by the City prior to issuance of a grading, improvement or building
permit. For secured agreements, security provided, and the release thereof,
shall conform with Chapter 13, LQMC. Improvements and obligations for this
development include:
A. Reimburse the City for the cost to design and construct improvements
made to the north half of Avenue 48 and the east halm of Adams Street
including thirteen and four -tenths (13.4%) of the cost to design and
construct the traffic signal at the intersection of the two streets when
completed.
B. Construct left -in turn lanes and median breaks as approved for the
project access drives.
C. Construct six -foot -wide sidewalk and irrigated landscaping in the area
between the street curbs and the project wall along the full frontage of
Avenue 48 and Adams Street.
D. Underground any utility lines within or adjacent to the site which the
utility authority will accept underground.
21. If the applicant desires to phase improvements and obligations required by the
conditions of approval and secure those phases separately, a phasing plan shall
be submitted to the Public Works Department for review and approval by the
City Engineer.
The applicant shall complete required improvements and satisfy obligations as
set forth in the approved phasing plan. Improvements and obligations required
of each phase shall be completed and satisfied prior to occupancy of
permanent buildings within the phase.
_-. N
22. Graded, undeveloped land shall be maintained to prevent dust and blowsand
nuisances. The land shall be planted with interim landscaping or provided with
other wind and water erosion control measures approved by the Community
Development and Public Works Departments.
CONAPay.snP97-612 5
Resolution 97-075
Conditions of Approval - Adopted
Site Development Permit 97-612
November 12, 1997
23. Prior to occupation of the project site for construction purposes, the Applicant
shall submit and receive approval of a fugitive dust control plan prepared in
accordance with Chapter 6.16, LQMC. In accordance with said Chapter, the
applicant shall furnish security, in a form acceptable to the city„ in an amount
sufficient to guarantee compliance with the provisions of the permit.
24. The applicant shall comply with the City's Flood Protection Ordinance.
25. The applicant shall conduct a thorough preliminary geological and soils
engineering investigation and shall submit the report of the investigation ("the
soils report") with the grading plan.
26. A grading plan, which may be combined with the on -site paving and drainage
plan, shall be prepared by a registered civil engineer and must meet the
approval of the City Engineer prior to issuance of a grading permit. The
grading plan shall conform with the recommendations of the soils report and
shall be certified as adequate by a soils engineer or an engineering geologist.
27. Prior to issuance of building permits, the applicant shall provide a separate
document, bearing the seal and signature of a California registered civil
engineer or surveyor, that lists actual building pad elevations. The document
shall list the pad elevation approved on the grading plan, the as -built elevation,
and the difference between the two, if any.
28. The design of the development shall not cause any increase in flood
boundaries, levels or frequencies in any area outside the development.
29, Stormwater falling on site during the peak 24-hour period of a 100-year storm
shall be retained within the development unless otherwise approved by the City
Engineer. The tributary drainage area shall extend to the centerline of public
streets adjacent to the development.
30. Storm drainage historically received from adjoining property and drainage in
excess of the required retention capacity shall be retained on site or passed
through a designated outlet into the historic downstream drainage relief route.
CONAPRV.SDP97-612 6
Resolution 97-075
Conditions of Approval - Adopted
Site Development Permit 97-612
November 12, 1997
31. Drainage retention shall be in common retention basins or other approved
retention/infiltration system(s). In design of retention facilities, the soil
percolation rate shall be considered to be zero unless the applicant provides
site -specific data that indicates otherwise.
32. Nuisance water shall be retained and disposed of on site in an approved
facility. If storm water retention is in an open basin, a trickling sand filter and
leachfield of a design approved by the City Engineer shall be installed to
percolate nuisance water. The sand filter and leach field shall be sized to
percolate 22 gallons per day per 1,000 square feet of drainage area.
33. No fence or wall shall be constructed around retention basins except as
approved by the Community Development Director and the City Engineer.
34. All existing and proposed utilities within or adjacent to the proposed
development shall be installed underground. High -voltage power lines which
the power authority will not accept underground are exempt from this
requirement.
35. In areas where hardscape surface improvements are planned, underground
utilities shall be installed prior to construction of surface improvements. The
applicant shall provide certified reports of utility trench cornpaction tests for
approval of the City Engineer.
OGNAMMOMM
36. The applicant shall construct any bus turnouts, median breaks, dedicated turn
lanes and any other necessary or desired modifications to the existing street
improvements as shown on the approved site construction plans.
37. The applicant shall relocate the two most southerly access drives on Adams
Street , if necessary, to achieve a minimum of 250' of distance between curb
returns of adjacent driveways and between curb returns of driveways and
streets.
38. Access points and turning movements of traffic shall be restricted to the three
28-foot drives on Adams Street and the Avenue 48 main entry, centered
approximately 570 feet east of the centerline of Adams Street , which may be
no more than 74' wide including two 24-foot drives and a 26-foot median.
CONAPRV.SDP97-612 7
Resolution 97-075
Conditions of Approval - Adopted
Site Development Permit 97-612
November 12, 1997
The access drives shall be restricted to right-in/right-out movements with left -in
movements permitted if the applicant installs dedicated left -in lanes with
median breaks which prevent right -out turn movements.
39. Street pavement sections shall be based on a Caltrans design for a 20-year life
and shall consider soil strength and anticipated traffic loading ;including site
and building construction traffic). The minimum pavement sections shall be as
follows:
Residential & Parking Areas 3.0" a.c./4.50" a.b.
Primary Arterial 4.5"/6.00"
The applicant shall submit mix designs for road base, Portland cement concrete
and asphalt concrete, including complete mix design lab results, for review and
approval by the City. Construction operations shall not be scheduled until mix
designs are approved.
40. The applicant shall provide public transit amenities as required by Sunline Transit
and/or the City Engineer.
I ANDSCAPING
41. The applicant shall provide landscape improvements in the setback areas and
right of way planting areas along Avenue 48 and Adams Street.
42. Landscape and irrigation plans for landscaped lots, landscape setback areas,
medians, and retention basins shall be prepared by a licensed landscape
architect.
Landscape and irrigation plans shall be approved by the Planning Commission.
Landscape and irrigation construction plans shall be submitted to the Public
Works Department for review and approval by the City Engineer. The plans are
not approved for construction until they have been approved and signed by the
City Engineer, the Coachella Valley Water District, and the Riverside County
Agricultural Commissioner.
43. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape
areas outside the right of way.
CONAPR VSDP97-G 12 8
Resolution 97-075
Conditions of Approval - Adopted
Site Development Permit 97-612
November 12, 1997
44. Landscape areas shall have permanent irrigation improvements meeting the
requirements of the City Engineer. Use of lawn shall be minimized with no lawn
or spray irrigation within 5-feet of curbs along public streets.
45. The applicant shall ensure that landscaping plans and utility plans are
coordinated to provide visual screening of above -ground utility structures.
46. The applicant shall employ construction quality -assurance measures which meet
the approval of the City Engineer.
47. The applicant shall employ or retain California registered civil engineers,
geotechnical engineers, or surveyors, as appropriate, who will provide, or have
their agents provide, sufficient supervision and verification of the construction
to be able to furnish and sign accurate record drawings.
48. Upon completion of construction, the applicant shall furnish the City
reproducible record drawings of all plans for construction or modification of
Avenue 48 and Adams Streets. Each sheet of the drawings shall have the
words "Record Drawings," "As -Built" or "As -Constructed" clearly marked on
each sheet and be stamped and signed by the engineer or surveyor certifying to
the accuracy of the drawings.
49. The applicant shall make provisions for perpetual maintenance of the perimeter
landscape improvements and sidewalk.
50. The applicant shall pay all deposits and fees required by the City for plan
checking and construction inspection. Deposit and fee amounts shall be those
in effect when the applicant makes application for plan checking and permits.
CONAPRV.SI)P97-612 9
Resolution 97-075
Conditions of Approval - Adopted
Site Development Permit 97-612
November 12, 1997
51. Provide or show there exists a water system capable of delivering 1 750 g.p.m.
for a 2 hour duration at 20 psi residual operating pressure Which must be
available before any combustible material is placed on the job site.
52. The required fire flow shall be available from a Super hydrant(s) (6x4,, x2-1/2")
located not less than 25' or more than 165' from any portion of the building(s)
as measured along approved vehicular travel ways.
55. Blue retro-reflective pavement markets shall be mounted on private streets,
public streets and driveways to indicate location of fire hydrants. Prior to
installation, placement of markers must be approved by the Riverside County
Fire Department.
54. Prior to the issuance of a building permit, applicant/developer shall furnish one
blue line copy of the water system plans to the Fire Department for review.
Plans shall conform to the fire hydrant types, location and spacing, and the
system shall meet the fire flow requirements. Plans must be signed by a
registered Civil Engineer and the local water company with the following
certification: "I certify that the design of the water system is in accordance with
the requirements prescribed by the Riverside County Fire Department".
55. Install a complete fire sprinkler system per NFPA 13. The post indicator valve
and fire department connection shall be located to the front within 50' of a
hydrant, and a minimum of 25' from the building.
56. Install a supervised water flow fire alarm system as required by the Uniform
Building Code/Riverside County Fire Department and National Fire Protection
Association Standard 72.
57. Install panic hardware exit signs as per Chapter 10 of the Uniform Building
Code.
58. Install a Hood/Duct automatic fire extinguishing system. System plans must be
submitted, long with a plan check/inspection fee, to the fire Department for
review.
CONAPRV.S[)P97-612 10
Resolution 97-075
Conditions of Approval - Adopted
Site Development Permit 97-612
November 12, 1997
BUILDINGS/FACILITIES
59. Install Knox Key Lock boxes, Models 4400, 3200 or 1300, mounted per
recommended standard of the Knox Company. Plans must be submitted to the
Fire Department for approval of mounting location/position and operating
standards. Special forms are available from this office for the ordering of the
Key Switch, this form must be authorized and signed by this office for the
correctly coded system to be purchased.
All questions regarding the meaning of these conditions should be referred to the
Fire Department Planning and Engineering staff at (760) 863-8886.
60. Applicant agrees to indemnify, defend, and hold harmless the City of La Quinta
in the event of any legal claim or litigation arising out the City's approval of this
project. The City of La Quinta shall have the right to select its defense counsel
in its sole discretion.
CONMR VS DP97-G 12