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PCRES 2002-065PLANNING COMMISSION RESOLUTION 2002-065 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SITE DEVELOPMENT PERMIT 2002-738, TO ALLOW DEVELOPMENT OF A ±4,500 SQUARE FOOT COMMERCIAL/OFFICE BUILDING SITE DEVELOPMENT PERMIT 2002-738 AFFILIATED CONSTRUCTION WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 111h day of June, 2002, consider a Site Development Permit application for a ±4,500 square -foot commercial/office building, located near the southeast corner of 47" Avenue and Washington Street and more particularly described as: PARCEL 4 OF PARCEL MAP 29889 WHEREAS, said Site Development Permit application has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63), in that the Community Development Department has determined that the proposed Site Development Permit is exempt from CEQA review under Guidelines Section 15332 (Infill Development); and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, the Planning Commission did make the following mandatory findings to justify approval of said Site Development Permit: 1. The proposed Site Development Permit is consistent with the La Quinta General Plan, as it will not be developed in any manner inconsistent with the General Plan land use designation of M/RC and other current City standards when considering the conditions to be imposed. 2. The proposed Site Development Permit is consistent with the La Quinta Zoning Code, as the project contemplates land uses that are substantially equivalent to those permitted under existing zoning of permitted uses, and which were previously addressed in the EIR certified for the General Plan and approved under Specific Plan 2001-049. Specifically, development of existing CC land is considered to implement zoning consistency with the General Plan. 3. The proposed Site Development Permit complies with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as PAPC Reso & COA\peresosdp738.wpd Planning Commission Resolution 2002-065 Site Development Permit 2002-738 Affiliated Construction Adopted: June 11, 2002 Page 2 amended (City Council Resolution 83-63), as it has been determined that the Site Development Permit is exempt from CEQA review under Guidelines Section 15332 (Infill Development), and that a Notice of Exemption should be filed. 4. The architectural design aspects of the proposed Site Development Permit will be compatible with and not detrimental to surrounding development in the Lake La Quinta tract, the approved Specific Plan 2001-049, and with the overall design quality prevalent in the City. 5. The site design aspects of the proposed Site Development Permit will be compatible with and not detrimental to surrounding development in the Lake La Quinta tract, the approved Specific Plan 2001-049 and with the overall design quality prevalent in the City. 6. The project landscaping for the proposed Site Development Permit has been designed to unify and enhance visual continuity of the proposed project with the surrounding development, and is consistent with the landscape concept approved for Specific Plan 2001-049. 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 2002-738 for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Planning Commission, held on this the 11th day of June, 2002, by the following vote, to wit: AYES: Commissioners Butler, Kirk, Robbins, Tyler and Chairman Abels NOES: None. ABSENT: None. ABSTAIN: None. P:\PC Reso & COA\peresosdp738.wpd Planning Commission Resolution 2002-065 Site Development Permit 2002-738 Affiliated Construction Adopted: June 11, 2002 Page 3 U.UES/ABELS, Chairman of Lj Quinta, California ATTEST: HER AN, Community Development Director La Q inta, California P:\PC Reso & COA\peresosdp738.wpd PLANNING COMMISSION RESOLUTION 2002-065 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2002-738 AFFILIATED CONSTRUCTION JUNE 11, 2002 GENERAL CONDITIONS OF APPROVAL Site Development Permit 2002-738 (SDP 2002-738) 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 between these conditions and the provisions of SDP 2002-738 the conditions shall take precedence. 2. SDP 2002-738 shall comply with all applicable conditions and/or mitigation measures for the following related approvals: • Environmental Assessment 2000-405 • Specific Plan 2000-049 • Tentative Parcel Map 29889 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Community Development Director shall determine precedence. 3. This approval shall expire one year after it's effective date, as determined pursuant to Section 9.200.060.0 of the Zoning Code, unless extended pursuant to the provisions of Section 9.200.080. 4. 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 subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 5. Prior to the issuance of a grading, construction or building permit, the applicant shall obtain permits and/or clearances from the following public agencies: P:\coapcsdp738.wpd Planning Commission Resolution 2002-065 Site Development Permit 2002-738 Conditions of Approval - Final Affiliated Construction June 11, 2002 • 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) • 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. 6. Handicap access and facilities shall be provided in accordance with Federal (ADA), State and local requirements. Handicap accessible parking shall generally conform with the approved exhibits for SDP 2001-691. 7. All aspects of this project (plan preparation, all construction phases, operations, etc.) shall be subject to and comply with the adopted Mitigation Monitoring Program and Negative Declaration (EA 2000-405), as certified by the La Quinta City Council. 8. 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. 1906 »;1111"N 9. 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. P:\coapcsdp738.wpd Planning Commission Resolution 2002-065 Site Development Permit 2002-738 Conditions of Approval - Final Affiliated Construction June 11, 2002 10. 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. 11. 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. 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. 12. 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. 13. 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. Landscape Plan: 1 " = 20' B. Site Development Plans: 1 " = 30' Horizontal C. On -Site Utility Plan: 1 " = 40' Horizontal 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 P:lcoapcsdp738.wpd Planning Commission Resolution 2002-065 Site Development Permit 2002-738 Conditions of Approval - Final Affiliated Construction June 11. 2002 floor elevations, parking lot improvements and ADA requirements; and show the existing street improvements out to at least the center lines of adjacent existing streets. "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. 14. 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. FIRE PROTECTION 15. Specific fire protection requirements for each occupancy will be determined when final building plans are submitted for review. Final conditions will be addressed when building plans are submitted. A plan check fee must be paid to the Fire Department at the time building plans are submitted. IMPROVEMENT AGREEMENT 16. Depending on timing of development of the lots or parcels created by this map and the status of off -site improvements at that time, the subdivider may be required to construct improvements, to construct additional improvements subject to reimbursement by others, to reimburse others who construct improvements that are obligations of this map, to secure the cost of the improvements for future construction by others, or a combination of these methods. In the event that any of the improvements required herein are constructed by the City, the Applicant shall, at the time of approval of a map or other development or building permit, reimburse the City for the cost of those improvements. 17. The applicant shall construct improvements and/or satisfy obligations, or furnish an executed, secured agreement to construct improvements and/or satisfy obligations required by the City prior to approval of a final map or parcel map or issuance of a certificate of compliance for a waived parcel map. For secured agreements, security provided, and the release thereof, shall conform with Chapter 13, LQMC. P:\coapcsdp738.wpd Planning Commission Resolution 2002-065 Site Development Permit 2002-738 Conditions of Approval - Final Affiliated Construction June 11. 2002 Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 18. If improvements are secured, the applicant shall provide estimates of improvement costs for checking and approval by the City Engineer. Estimates shall comply with the schedule of unit costs adopted by City Resolution or ordinance. For items not listed in the City's schedule, estimates shall meet the approval of the City Engineer. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies. Security is not required for telephone, gas, or T.V. cable improvements. However, development -wide improvements shall not be agendized for final acceptance until the City receives confirmation from the telephone authority that the applicant has met all requirements for telephone service to lots within the development. 19. If improvements are phased with multiple final maps or other administrative approvals (e.g., Site Development Permits), off -site improvements and common improvements (e.g., retention basins, perimeter walls & landscaping, gates) shall be constructed or secured prior to approval of the first phase unless otherwise approved by the City Engineer. Improvements and obligations required of each phase shall be completed and satisfied prior to completion of homes or occupancy of permanent buildings within the phase and subsequent phases unless a construction phasing plan is approved by the City Engineer. 20. If the applicant fails to construct improvements or satisfy obligations in a timely manner or as specified in an approved phasing plan or in an improvement agreement, the City shall have the right to halt issuance of building permits or final building inspections, withhold other approvals related to the development of the project or call upon the surety to complete the improvements. GRADING 21. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 22. 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. P:\coapcsdp738.wpd Planning Commission Resolution 2002-065 Site Development Permit 2002-738 Conditions of Approval - Final Affiliated Construction June 11, 2002 23. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: D. A grading plan prepared by a qualified engineer or architect, and B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, 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. 24. 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. 25. 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. 26. Building pad elevations of perimeter lots shall not differ by more that one foot from the building pads in adjacent developments. 27. 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 Tentative Parcel Map, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 28. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. P:\coapcsdp738.wpd Planning Commission Resolution 2002-065 Site Development Permit 2002-738 Conditions of Approval - Final Affiliated Construction June 11, 2002 DRAINAGE 29. Stormwater handling shall conform with the approved hydrology and drainage report for Lake La Quinta. Nuisance water shall be disposed of in an approved manner. UTILITIES 30. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 31. 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. 32. 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. STREET AND TRAFFIC IMPROVEMENTS 33. 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. 34. Streets shall have vertical curbs or other approved curb configurations that will convey water without ponding, and provide lateral containment of dust and residue during street sweeping operations. Unused curb cuts on any lot shall be restored to standard curb height prior to final inspection of permanent building(s) on the lot. 35. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City P:\coapcsdp738.wpd Planning Commission Resolution 2002-065 Site Development Permit 2002-738 Conditions of Approval - Final Affiliated Construction June 11, 2002 Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. LANDSCAPING 36. The applicant shall comply with Sections 9.90.040 (Table of Development Standards) & 9.100.040 (Landscaping), LQMC. 37. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 38. Landscape and irrigation plans for landscaped lots and setbacks shall be signed and stamped by a licensed landscape architect. The applicant shall submit the landscape plans for approval by the Community Development Department (CDD), prior to plan checking by the Public Works Department. When plan checking has been completed by CDD, 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. 39. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 18 inches of curbs along public streets. 40. Only incidental storm water will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of- way shall be shaped with berms and mounds, pursuant to Section 9.100.040(B)(7), LQMC, CONSTRUCTION 41. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. The final asphalt lift and parking lot signing and striping shall be completed prior to final inspections of habitable buildings. P:\coapcsdp738.wpd Planning Commission Resolution 2002-065 Site Development Permit 2002-738 Conditions of Approval - Final Affiliated Construction June 11. 2002 QUALITY ASSURANCE 42. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 43. The applicant shall employ, or retain, qualified engineers, surveyors, and such 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. 44. 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. 45. 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 46. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 47. 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 48. 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. P:\coapcsdp738.wpd Planning Commission Resolution 2002-065 Site Development Permit 2002-738 Conditions of Approval - Final Affiliated Construction June 11, 2002 49. 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. 50. 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). MISCELLANEOUS 51. The applicant shall submit a detailed building lighting plan to include exterior fixture details. The lighting plan shall be approved prior to issuance of the building permit. 52. All roof -mounted mechanical equipment must be screened and installed using compatible architectural materials and treatments, in a manner 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 construction plan submittal for building permits. Method and design of screening must be approved by the Community Development Department prior to any issuance of building permits related to structures requiring such screening. P:\coapcsdp738.wpd