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PCRES 2002-033PLANNING COMMISSION RESOLUTION 2002-033 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE DEVELOPMENT PLANS FOR CONSTRUCTION OF A 31,190f SQUARE FOOT COMMERCIAL BUILDING IN THE ONE -ELEVEN LA QUINTA SHOPPING CENTER CASE NO.: SITE DEVELOPMENT PERMIT 2001-729 APPLICANT: MICHAEL SHOVLIN WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 121h day of March, 2002, hold a duly noticed Public Hearing, to consider the request of MICHAEL SHOVLIN to approve the development plans for a 31,190± square feet commercial building in the One -Eleven La Quinta Shopping Center, located on the north side of Highway 111, east of Washington street, more particularly described as: PORTION OF APN 643-220-002 and -003 WHEREAS, the Architecture and Landscaping Review Committee, on February 13, 2002, at a regular meeting, adopted Minute Motion 2002-006, recommending approval of the architectural plans for the new building, 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 General Plan designates the project area as Regional Commercial. The proposed commercial buildings are consistent with the commercial designation of the property. 2. The proposed commercial building is designed to comply with the Zoning Code requirements, including but not limited to, height limits, parking, lot coverage, and signs. 3 The La Quinta Community Development Department has determined that the request has been assessed in conjunction with Environmental Assessment 89- 150 (State Clearinghouse Number 90020162, prepared for Specific Plan 89- 014, which was certified on April 17, 1990. No changed circumstances or conditions are proposed, or new information has been submitted which would trigger the preparation of a subsequent environmental review. p:\stan\sdp 2002-729 pc res.wpd Planning Commission Resolution 2002-033 Michael Shovlin - Ross Site Development Permit 2002-729 March 12, 2002 4. The architectural design of the project, including but not limited to the architectural style, scale, building mass, materials, colors, architectural details, roof style, and other architectural elements are compatible with the surrounding development and with the quality of design prevalent in the city. The building is a well designed with articulation on the front and rear elevations. The project uses architectural features, colors, and materials to match the surrounding existing buildings. The side elevations will not be readily visible because of the future structures to the west and to the east. The rear elevation will be acceptable provided additional architectural articulation is provided as recommended. 5. The site design of the project, including but not limited to project entries, interior circulation, pedestrian and bicycle access, pedestrian amenities, screening of equipment and trash enclosures, exterior lighting, and other site design elements are compatible with surrounding development and with the quality of design prevalent in the city. The proposed building is located on an area that is designated for a commercial building with a loading ramp provided at the rear of the building 6. Project landscaping, including but not limited to the location, type, size, color, texture, and coverage of plant materials has been designed so as to provide relief, complement buildings, visually emphasize prominent design elements and vistas, screen undesirable views, provide a harmonious transition between adjacent land uses and between development and open space, provide an overall unifying influence, enhance the visual continuity of the project, and complement the surrounding project area, ensuring lower maintenance and water use. While there is not a lot of opportunity to provide landscaping, the recommended small planters around some of the arcade columns will soften the facade. 7. The one proposed building sign will be consistent with the intent of the Zoning Code and ceriters sign program, and will be in harmony and visually related to the proposed buildings, with the approval of the Planning Commission. 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 2002-729 for the reasons set forth in this Resolution, subject to the attached conditions. p:\stan\sdp 2002-729 pc res.wpd Planning Commission Resolution 2002-033 Michael Shovlin - Ross Site Development Permit 2002-729 March 12, 2002 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Planning Commission, held on the 12`h day of March, 2002, by the following vote, to wit: AYES: Commissioners Butler, Kirk, Robbins, Tyler, and Chairman Abels NOES: None ABSENT: None ABSTAIN: None JAgQUE$ ABELS, Chairman Ci of LA Quinta, California ATTEST: iY HER'�MN, Community Development Director of La Quinta, California p:\stan\sdp 2002-729 pc res.wpd PLANNING COMMISSION RESOLUTION 2002-033 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2002-729 MICHAEL SHOVLIN - ROSS DRESS FOR LESS MARCH 12, 2002 GENERAL 1. 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 Site Development Permit. 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. 2. Prior to the issuance of any permit by the City, the applicant shall obtain the necessary permits and/or clearances from the following agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) 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, applicant shall furnish proof of such approvals when submitting the improvement plans for City approval. 3. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Chapter 8.70 (Stormwater Management and Discharge Controls), La Quinta Municipal Code ("LQMC"); Riverside County Ordinance No. 457; and the State Water Quality Resources Control Board's ("SWQRCB") Order No. 99-08-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs five (5) acres or more of land, or that disturbs less than five (5) acres of land, but which is a part of a construction project that encompasses more than five (5) acres of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP")• PAPC Reso & COA\sdp 2002-729 pc coa.wpd Page 1 of 8 PLANNING COMMISSION RESOLUTION 2002-033 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2002-729 MICHAEL SHOVLIN - ROSS DRESS FOR LESS MARCH 12, 2002 B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this Site Development Permit. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practice ("BMPs"), 8.70.020 (Definitions), LQMC: 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All of applicant's erosion and sediment control BMPs shall be approved by the City Engineer prior to any on or off site grading being done in relation to this project. F. All approved project BMPs shall be maintained in their proper working order throughout the course of construction, and until all improvements have been accepted by the City. 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 the issuance of any permit(s), the applicant shall acquire, or confer, those easements, and other property rights necessary for the construction and/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 the maintenance, construction and reconstruction of essential improvements. 6. Prior to issuance of any construction permits, the applicant shall provide documentation to assure that the parking lots have been or will be included within the previously recorded "Common Area Maintenance Agreement". P:\PC Reso & COA\sdp 2002-729 pc coa.wpd Page 2 of 8 PLANNING COMMISSION RESOLUTION 2002-033 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2002-729 MICHAEL SHOVLIN - ROSS DRESS FOR LESS MARCH 12, 2002 7. 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 Site Development Permit. 8. 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, ingress/egress, or other encroachments will occur. 9. When an applicant proposes the vacation, or abandonment, any existing right-of- way, or access easement, which will diminish the access rights to any properties owned by others, the applicant shall provide an alternate right-of-way or access easement, to those properties, or shall submit notarized letters of consent from the affected property owners. 10. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of this Site Development Permit and the date of final acceptance of the on and off -site improvements for this Site Development Permit, unless such easement is approved by the City Engineer. -•ki I AINEAW 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 Development Plan: 1 " = 20' Horizontal B. On -Site Utility Plan: 1 " = 20' Horizontal C. On -Site Landscape Plan: 1 " = 40' Horizontal P:\PC Reso & COA\sdp 2002-729 pc coa.wpd Page 3 of 8 PLANNING COMMISSION RESOLUTION 2002-033 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2002-729 MICHAEL SHOWN - ROSS DRESS FOR LESS MARCH 12, 2002 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. "Site Development" 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. "Site Utility" plans shall normally include all sub -surface improvements including but not necessarily limited to sewer lines, water lines, fire protection and storm drainage systems. 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 purchase such standard plans, detail sheets and/or construction notes from the City. 14. The applicant shall furnish a complete set of the AutoCAD files of all complete, 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 which can be converted to an AutoCAD format, the City Engineer will accept raster -image files of the plans. PARKING LOTS 15. The design of parking facilities shall conform to LQMC Chapter 9.150 (Parking). The applicant shall provide accessible parking stalls as required by Section 1129B of the California Building Code. Parking lot and striping modifications may be required to provide additional accessible stalls and to provide proper accessible access in accordance with the ADA requirements. GRADING The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. P:\PC Reso & COA\sdp 2002-729 pc coa.wpd Page 4 of 8 PLANNING COMMISSION RESOLUTION 2002-033 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2002-729 MICHAEL SHOWN - ROSS DRESS FOR LESS MARCH 12, 2002 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 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 submitted with its application for a grading permit. 18. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape areas outside the right of way unless otherwise approved by the City Engineer. 19. The applicant shall minimize differences in elevation between the adjoining properties. DRAINAGE 20. "Stormwater handling shall conform with the approved hydrology, drainage report and drainage plans for the One Eleven La Quinta Shopping Center. Nuisance water shall be disposed of in an approved manner." UTILITIES 21. The applicant shall comply with the provisions of Section 13.24.1 10 (Utilities), LQMC. 22. 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. P:\PC Reso & COA\sdp 2002-729 pc coa.wpd Page 5 of 8 PLANNING COMMISSION RESOLUTION 2002-033 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2002-729 MICHAEL SHOWN - ROSS DRESS FOR LESS MARCH 12, 2002 23. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 24. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. • • YIWVIJLC] 25. The applicant shall comply with Sections 9.90,040 (Table of Development Standards) & 9.100.040 (Landscaping), LQMC. 26. The applicant shall provide landscaping in the required setbacks, retention basins and common lots. 27. Landscape and irrigation plans for landscaped lots and setbacks, medians and retention basins shall be signed and stamped by a licensed landscape architect. 28. The applicant shall submit plans for approval by the Community Development Department prior to plan checking by the Public Works Department. When plan checking is complete, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner prior to submitting for signature by the City Engineer. Plans are not approved for construction until signed by the City Engineer. The plans shall provide for pocket planters around all columns at the front of the building. The planters shall include shrubs and/or vines, and groundcover. 29. Only incidental storm water will be permitted to be retained in the landscape setback areas. 30. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. P:\PC Reso & COA\sdp 2002-729 pc coa.wpd Page 6 of 8 PLANNING COMMISSION RESOLUTION 2002-033 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2002-729 MICHAEL SHOWN - ROSS DRESS FOR LESS MARCH 12, 2002 31. The applicant shall employ, or retain, qualified engineers, surveyors, and such 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. 32. 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 construction materials and methods employed comply with the plans, specifications and other applicable regulations. After tributary -area improvements are complete and soils have been permanently stabilized where retention basins have been constructed, testing shall include sand filter percolation tests, as approved by the City Engineer. 33. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all public improvement plans which were signed by the City Engineer. Each sheet shall be clearly marked "Record Drawings," "As -Built" or "As -Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. The applicant shall revise the AutoCAD or raster -image files previously submitted to the City to reflect the as - built conditions. 34. The applicant shall make provisions for continuous, perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. 35. The applicant shall maintain the required public improvements until expressly released from this responsibility by the appropriate agency. FEES AND DEPOSITS 36. 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. PAPC Reso & COA\sdp 2002-729 pc coa.wpd Page 7 of 8 PLANNING COMMISSION RESOLUTION 2002-033 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2002-729 MICHAEL SHOVLIN - ROSS DRESS FOR LESS MARCH 12, 2002 ull Ai<Ix- - 37. Applicant shall comply with the approved Conditions of Approval for Specific Plan 89-014. 38. Prior to issuance of a building permit final working drawings shall be approved by the Community Development Department. 39. The rear elevation of the building shall be revised to include: A. A 3.5 inch furr-out treatment similar to that used on the adjacent Staples building. B. Diamond shaped the treatments similar to the light scones used on the front of the building. 40. A minimum clear 24 feet drive aisle shall be provided at the rear of the building. 41. Final sign plans shall be submitted to the Community Development Department and shall include all details, colors, and materials. LIGHTING 42. Rear elevation wall mounted lights for the building shall use non-adjustable shoebox type down shining light fixtures with recessed or flush mounted lenses. P:\PC Reso & COA\sdp 2002-729 pc coa.wpd Page 8 of 8