PCRES 2002-074PLANNING COMMISSION RESOLUTION 2002-074
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LA QUINTA, CALIFORNIA, APPROVING THE
DEVELOPMENT OF A ±5,060 SQUARE FOOT
COMMERCIAL OFFICE BUILDING
SITE DEVELOPMENT PERMIT 2002-743
MR. MEL RUDMAN
WHEREAS, the Planning Commission of the City of La Quinta, California,
did on the 25`h day of June, 2002, consider a Site Development Permit application for
a ±5,060 square -foot commercial/office building, located near the southeast corner
of Avenue 47 and Washington Street and more particularly described as:
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 Community Commercial 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 Regional Commercial zoning, and which were
previously addressed in the EIR certified for the General Plan and approved
under Specific Plan 2001-049. Specifically, development of existing CR land is
considered to implement zoning consistency with the General Plan.
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Planning Commission Resolution 2002-074
Site Development Permit 2002-743
Mr. Mel Rudman
Adopted: June 25, 2002
Page 2
3. The proposed Site Development Permit complies with the requirements of "The
Rules to Implement the California Environmental Quality Act of 1970" as
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 Of ill 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 2002-743 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 25th day of June, 2002, by the
following vote, to wit:
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Planning Commission Resolution 2002-074
Site Development Permit 2002-743
Mr. Mel Rudman
Adopted: June 25, 2002
Page 3
AYES: Commissioners Butler, Kirk, Robbins, Tyler and Chairman Abels
NOES: None.
ABSENT: None.
ABSTAIN: None.
QUES/ABELS, Chairman
of LA Quinta, California
ATTEST:
HERMAV, Community Development Director
La Quin a, California
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PLANNING COMMISSION RESOLUTION 2002-074
CONDITIONS OF APPROVAL - FINAL
SITE DEVELOPMENT PERMIT 2002-743
MR. MEL RUDMAN
ADOPTED: JUNE 25, 2002
GENERAL CONDITIONS OF APPROVAL
1. Site Development Permit 2002-743 (SDP 2002-743) 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 2002-743 the conditions shall take
precedence.
2. SDP 2002-743 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:
• Riverside County Fire Marshal
• La Quinta Building and Safety Department
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Planning Commission Resolution 2002-074
Site Development Permit 2002-743
Conditions of Approval - Final
Adopted: June 25, 2002
Page 2
• 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.
PROPERTY RIGHTS
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.
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
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Planning Commission Resolution 2002-074
Site Development Permit 2002-743
Conditions of Approval - Final
Adopted: June 25, 2002
Page 3
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
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.
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Planning Commission Resolution 2002-074
Site Development Permit 2002-743
Conditions of Approval - Final
Adopted: June 25, 2002
Page 4
"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. Approved super fire hydrants, shall be located not less than 25 feet nor more
than 165 feet from any portion of the buildings as measured along vehicular
travel ways. Fire Department connection and post -indicator valve (if any) shall be
located at the street side of the building.
16. Minimum fire flow shall be 1750 GPM for a 2-hour duration. Fire flow is based
on type VN construction. A 50% credit in fire flow requirements will be given for
a fully sprinklered building, down to the minimum 1500 GPM, as required in the
California Fire Code.
17. Blue dot reflectors shall be placed in the street 8 inches from centerline to the
side that the fire hydrant is on, to identify fire hydrant locations.
18. Building plans shall be submitted to the Fire Department for plan review, to run
concurrent with the City plan check.
19. Water plans for the fire protection system (fire hydrants, FDC, PIV, etc.) shall be
submitted to the Fire Department for approval prior to issuance of a building
permit.
20. The required water system, including fire hydrants, shall be installed and
accepted by the appropriate water agency prior to any combustible building
material being placed on an individual lot.
21. The applicant or developer shall prepare and submit to the Fire Department for
approval, a site plan designating required fire lanes with appropriate lane painting
and/or signs.
22. Install a KNOX key box on the building (Contact the Fire Department for an
application).
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Planning Commission Resolution 2002-074
Site Development Permit 2002-743
Conditions of Approval - Final
Adopted: June 25, 2002
Page 5
23. Install portable fire extinguishers as required by the California Fire Code.
IMPROVEMENT AGREEMENT
24. 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.
25. 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.
Improvements to be made or agreed to shall include removal of any existing
structures or obstructions which are not part of the proposed improvements.
26. 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.
27. If improvements are phased with multiple final maps or other administrative
approvals (e.g., Site Development Permits), off -site improvements and common
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Planning Commission Resolution 2002-074
Site Development Permit 2002-743
Conditions of Approval - Final
Adopted: June 25, 2002
Page 6
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.
28. 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
29. The applicant shall comply with the provisions of Section 13.24.050 (Grading
Improvements), LQMC.
30. 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.
31. 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, 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.
32. 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.
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Planning Commission Resolution 2002-074
Site Development Permit 2002-743
Conditions of Approval - Final
Adopted: June 25, 2002
Page 7
33. 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.
34. Building pad elevations of perimeter lots shall not differ by more that one foot
from the building pads in adjacent developments.
35. 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.
36. 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.
DRAINAGE
37. 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
38. The applicant shall comply with the provisions of Section 13.24.110 (Utilities),
LQMC.
39. 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.
40. 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.
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Planning Commission Resolution 2002-074
Site Development Permit 2002-743
Conditions of Approval - Final
Adopted: June 25, 2002
Page 8
The applicant shall provide certified reports of all utility trench compaction for
approval by the City Engineer.
STREET AND TRAFFIC IMPROVEMENTS
41. 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.
42. 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.
43. 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
44. The applicant shall comply with Sections 9.90.040 (Table of Development
Standards) & 9.100.040 (Landscaping), LQMC.
45. The applicant shall provide landscaping in the required setbacks, retention basins,
common lots and park areas.
46. 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.
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Planning Commission Resolution 2002-074
Site Development Permit 2002-743
Conditions of Approval - Final
Adopted: June 25, 2002
Page 9
47. 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.
48. 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.
49. The final landscaping plans shall incorporate adequate plant materials along the
east side elevation to accomplish screening of the building's utility door areas.
Materials selected should be maintained at a minimum height of 36 inches to
effectively screen the lower door and kick panel areas.
CONSTRUCTION
50. 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.
51. The applicant shall employ construction quality -assurance measures that meet
with the approval of the City Engineer.
52. The applicant shall employ or otherwise 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.
53. 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.
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Planning Commission Resolution 2002-074
Site Development Permit 2002-743
Conditions of Approval - Final
Adopted: June 25, 2002
Page 10
54. 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
55. The applicant shall comply with the provisions of Section 13.24.160
(Maintenance), LQMC.
56. 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
57. 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.
58. 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.
59. 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
60. 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.
61. Plan elevations submitted for plan checking shall address architectural treatment
of the east utility doors in order to improve their appearance, or to reduce their
overall visibility in combination with landscaping requirements as specified in
Condition #50.
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Planning Commission Resolution 2002-074
Site Development Permit 2002-743
Conditions of Approval - Final
Adopted: June 26, 2002
Page 11
62. 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.
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