PCRES 2003-019PLANNING COMMISSION RESOLUTION 2003-019
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF LA QUINTA, CALIFORNIA,
APPROVING A TENTATIVE PARCEL MAP WHICH
CREATES EIGHT PARCELS
CASE NO.: TENTATIVE PARCEL MAP 31172
APPLICANT: NEIL KLEINE BUILDING AND DEVELOPMENT, INC.
WHEREAS, The Planning Commission of the City of La Quinta, California,
did on the 8th day of April, and 22nd day of April, 2003, hold duly noticed Public
Hearings to consider the request of NEIL KLEINE BUILDING AND DEVELOPMENT, INC.
for approval of a Parcel Map to create eight parcels in the Regional Commercial Zone,
located on the north side of Highway 111, approximately 331 feet west of Dune
Palms Road, more particularly described as:
APN 649-020-049 and -050
WHEREAS, said Parcel Map request has complied with the requirements
of "The Rules to Implement the California Environmental Quality Act of 1970" as
amended by Resolution 83-68, in that the La Quinta Community Development
Department has determined that the request has been assessed in conjunction with
Environmental Assessment 99-383 prepared for Specific Plan 99-036, which was
certified on September 7, 1999. No changed circumstances or conditions are
proposed, or new information has been submitted which would trigger the preparation
of subsequent environmental review, 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 Tentative Parcel Map 31172:
1 . The Map and its design are consistent with the General Plan and Specific Plan
99-036 in that its amended lots are in conformance with applicable goals,
policies, and development standards, such as lot size and will provide adequate
infrastructure and public utilities.
2. The design of the amended subdivision or its proposed improvements are not
likely to create environmental damage or substantially and avoidably injure
wildlife or their habitat because the area covered by Map is void of significant
wildlife and the fringed -toed lizard mitigation fee will be paid.
PASTANWeine commerciaktpm 31172 pc res.wpd
Planning Commission Resolution 2003-019
Tentative Parcel Map 31172
Kleine Building and Development, Inc.
April 22, 2003
3. The design of the amended subdivision and the proposed types of improvements
are not likely to cause serious public health problems because urban
improvements are existing or will be installed based on applicable Local, State,
and Federal requirements.
4. The design of the amended subdivision and the proposed types of improvements
will not conflict with easements acquired by the public at large, for access
through or use of the property within the subdivision in that none presently
exist.
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 of Tentative Parcel Map 31172 for the
reasons set forth in this Resolution, subject to the attached Conditions of
Approval.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta Planning Commission, held on this 22nd day of April, 2003, by the following
vote, to wit:
AYES: Commissioners Abels, Kirk, Robbins, Tyler, and Chairman Butler
NOES: None
ABSENT: None
ABSTAIN: None
RIC BUTLER, Chairman
City of La Quinta, California
ATTEST:
�Y HERMAN, Community Development Director
of La Quinta, California
PASTANWeine commerciaRtpm 31172 pc res.wpd
PLANNING COMMISSION RESOLUTION 2003-019
CONDITIONS OF APPROVAL - FINAL
TENTATIVE PARCEL MAP 31172
KLEINE BUILDING AND DEVELOPMENT, INC.
ADOPTED: APRIL 22, 2003
1. The applicant agrees to defend, indemnify and hold harmless the City of La
Quinta ("City"), its agents, officers and employees from any claim, action or
proceeding to attack, set aside, void, or annul the approval of this Tentative
Parcel Map, or any Parcel Map recorded thereunder. The City shall have sole
discretion in selecting its defense counsel.
The City shall promptly notify the applicant of any claim, action or proceeding
and shall cooperate fully in the defense.
2. This Tentative Parcel Map, and any Parcel Map recorded thereunder, shall comply
with the requirements and standards of Government Code § § 66410 through
66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta
Municipal Code ("LQMC").
The City of La Quinta's Municipal Code can be accessed on the City's Web Site
at www.la-quinta.org.
3. Prior to the issuance of any grading, construction, or building permit by the City,
the applicant shall obtain the necessary clearances and/or permits from the
following agencies:
• Fire Marshal
• Public Works Department (Grading Permit, 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)
• SunLine Transit Agency
The applicant is responsible for all requirements of the permits and/or clearances
from the above listed agencies. When the requirements include approval of
improvement plans, the applicant shall furnish proof of such approvals when
submitting those improvements plans for City approval.
PASTANWeine commerciaMpm 31172 pc coa.wpd
Planning Commission Resolution 2003-019
Conditions of Approval - Final
Tentative Parcel Map 31172
Kleine Building and Development, Inc.
April 22, 2003
4. The applicant shall comply with applicable provisions of the City's NPDES
stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater
Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water),
LQMC; Riverside County Ordinance No. 457; and the State Water Resources
Control Board's Order No. 99-08-DWQ .
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").
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 project.
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 Practices ("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 erosion and sediment control BMPs proposed by the applicant shall be
approved by the City Engineer prior to any onsite or offsite grading,
pursuant to this project.
F. The approved SWPPP anad BMPs shall remain in effect for the entire
duration of project construction until all improvements are completed and
accepted by the City.
5. 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).
P:\STAN\kleine commerciaMpm 31172 pc coa.wpd 2
Planning Commission Resolution 2003-019
Conditions of Approval - Final
Tentative Parcel Map 31172
Kleine Building and Development, Inc.
April 22, 2003
6. Prior to issuance of any permit(s), the applicant shall acquire or confer easements
and other property rights necessary for the construction or proper functioning of
the proposed development. Conferred rights shall include irrevocable offers to
dedicate or grant access easements to the City for emergency services and for
maintenance, construction and reconstruction of essential improvements.
7. Street Right of Way for Highway 1 1 1, Dunes Palms Road, and Corporate Center
Drive has been dedicated according to the recorded Grant of Easement, DOC#
2000-267425. No additional right of way is required to comply with General Plan
street widths.
8. Dedications shall include additional widths as necessary for dedicated right and
left turn lanes, bus turnouts, and other features contained in the approved
construction plans.
9. The applicant shall create perimeter landscaping setbacks along all public right-of-
ways as follows:
A. Highway 111 (Major Arterial) - 50-foot from the R/W-P/L.
B. Dune Palms Road (Secondary Arterial) - 10-foot from the R/W-P/L.
C. Corporate Center Drive (Local Street) - 10-foot from the R/W-P/L.
The listed setback depth shall be the average depth where a meandering wall
design is approved.
The setback requirements shall apply to all frontages including, but not limited to,
remainder parcels and sites dedicated for utility purposes.
10. The applicant shall offer for dedication those easements necessary for the
placement of, and access to, utility lines and structures, drainage basins, mailbox
clusters, park lands, and common areas on the Parcel Map.
11. Direct vehicular access to and from Highway 111 . Corporate Center Drive and
Dune Palms Road from lots with frontage along said streets is restricted, except
for those access points identified on the tentative parcel map, or as otherwise
conditioned in these conditions of approval. The vehicular access restriction shall
be shown on the recorded parcel map.
PASTANWeine commerciahtpm 31172 pc coa.wpd 3
Planning Commission Resolution 2003-019
Conditions of Approval - Final
Tentative Parcel Map 31172
Kleine Building and Development, Inc.
April 22, 2003
12. The applicant shall furnish proof of easements, or written permission, as
appropriate, from those owners of all abutting properties on which grading,
retaining wall construction, permanent slopes, or other encroachments will occur.
13. The applicant shall cause no easement to be granted, or recorded, over any
portion of the subject property between the date of approval of the Tentative
Parcel Map and the date of recording of any Parcel Map, unless such easement
is approved by the City Engineer.
14. Prior to the City's approval of a Parcel Map, the applicant shall furnish accurate
AutoCAD files of the Parcel Map that was approved by the City's map checker
on a storage media acceptable to the City Engineer. Such files shall be in a
standard AutoCAD format so as to be fully retrievable into a basic AutoCAD
program.
Where a Parcel Map was not produced in an AutoCAD format, or produced in a
file that can be converted to an AutoCAD format, the City Engineer will accept
a raster -image file of such Parcel Map.
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.
15. 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.
16. 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.
Site Development Plan:
1 " =
40'
Horizontal
B.
Perimeter Landscape Plan:
1 "
= 20'
Horizontal
C.
On -Site Storm Drain Plan:
1 "
= 40'
Horizontal 1 " = 4' Vertical
P:\STAN\kleine commerciaktpm 31172 pc coa.wpd 4
Planning Commission Resolution 2003-019
Conditions of Approval - Final
Tentative Parcel Map 31172
Kleine Building and Development, Inc.
April 22, 2003
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. "Landscaping"
plans shall normally include irrigation improvements, landscape lighting and entry
monuments.
The applicant shall prepare an accessibility assessment on a marked up print of
the building floor plan identifying every building egress and notes the 2001
California Building Code accessibility requirements associated with each door.
The assessment must comply with submittal requirements of the Building &
Safety Department. A copy of the reviewed assessment shall be submitted to
the Engineering Department in conjunction with the Site Development Plan when
it is submitted for plan checking.
"Storm Drain" plans shall normally include all hydrologic and hydraulic analysis
including but not necessarily limited to hydraulic grade lines, Pipe flows, and inlet
structure sizing.
17. The City maintains standard plans, detail sheets 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.
18. The applicant shall furnish a complete set of the AutoCAD files of all approved
improvement plans on a storage media acceptable to the City Engineer. The files
shall be saved in a standard AutoCAD format so they may be fully retrievable
through a basic AutoCAD program.
At the completion of construction, and prior to the final acceptance of the
improvements by the City, the applicant shall update the AutoCAD files in order
to reflect the as -built conditions.
Where the improvement plans were not produced in a standard AutoCAD format,
or a file format that can be converted to an AutoCAD format, the City Engineer
will accept raster -image files of the plans.
P:\STAN\kleine commercial\tpm 31172 pc coa.wpd 5
Planning Commission Resolution 2003-019
Conditions of Approval - Final
Tentative Parcel Map 31172
Kleine Building and Development, Inc.
April 22, 2003
19. Improvements to be made, or agreed to be made, shall include the removal of any
existing structures or other obstructions which are not a part of the proposed
improvements; and shall provide for the setting of the final survey
monumentation.
20. Should the applicant fail to construct the improvements for the development, or
fail to satisfy its obligations for the development in a timely manner, the City
shall have the right to halt issuance of building permits, and/or final building
inspections, withhold other approvals related to the development of the project,
or call upon the surety to complete the improvements.
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.
23. To obtain an approved site development permit, the applicant shall submit and
obtain approval of all of the following:
A. A site development 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.
D. A Best Management Practices report prepared in accordance with Sections
8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm
Management and Discharge Controls), 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.
A statement shall appear on the Parcel Map that a soils report has been prepared
in accordance with the California Health & Safety Code § 17953.
P:\STAN\kleine commerciaMpm 31172 pc coa.wpd 6
Planning Commission Resolution 2003-019
Conditions of Approval - Final
Tentative Parcel Map 31172
Kleine Building and Development, Inc.
April 22, 2003
The applicant shall furnish security, in a form acceptable to the City, and in an
amount sufficient to guarantee compliance with the approved Fugitive Dust
Control Plan provisions as submitted with its application for a grading permit.
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. Grading within the perimeter setback and parkway areas shall have undulating
terrain and shall conform with the requirements of LQMC Section 9.60.240(F)
except as otherwise modified by this condition requirement. The maximum slope
shall not exceed 3:1 anywhere in the landscape setback area, except for the
backslope (i.e., the slope at the back of the landscape lot) which shall not exceed
2:1 if fully planted with ground cover. The maximum slope in the first six (6)
feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk
is within six (6) of the curb, otherwise the maximum slope within the right of
way shall not exceed 3:1 . All unpaved parkway areas adjacent to the curb shall
be depressed one and one-half inches (1.5") in the first eighteen inches 08")
behind the curb.
26. 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.
27. Prior to the issuance of a building permit for any parcel, the applicant shall
provide a pad certification stamped and signed by a qualified engineer or
surveyor.
Each pad certification shall list the pad elevation as shown on the approved site
development 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.
— 28. Storm water handling shall conform with the approved hydrology and drainage
plan for Specific Plan 99-036. Nuisance water shall be retained on site and
disposed of in a manner acceptable to the City Engineer.
P:\STAN\kleine commerciaktpm 31172 pc coa.wpd 7
Planning Commission Resolution 2003-019
Conditions of Approval - Final
Tentative Parcel Map 31172
Kleine Building and Development, Inc.
April 22, 2003
29. The applicant shall comply with the provisions of Section 13.24.120 (Drainage),
LQMC, Engineering Bulletin No. 97.03. More specifically, stormwater falling on
site during the 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 adjacent public streets. The design storm shall be
either the 3 hour, 6 hour or 24 hour event producing the greatest total run off.
30. Stormwater may not be retained in landscaped parkways or landscaped setback
lots. Only incidental storm water (precipitation which directly falls onto the
setback) 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.
31. The design of the development shall not cause any increase in flood boundaries,
levels or frequencies in any area outside the development.
32. Storm drainage historically received from adjoining property shall be received and
retained or passed through into the historic downstream drainage relief route.
33. The applicant shall indemnify the City from the costs of any sampling and testing
of the development's drainage discharge into the Coachella Valley Stormwater
Channel, which may be required under the City's NPDES Permit or other City- or
area -wide pollution prevention program, and for any other obligations and/or
expenses which may arise from such discharge. The indemnification shall be
executed and furnished to the City prior to the issuance of any grading,
construction or building permit, and shall be binding on all heirs, executors,
administrators, assigns, and successors in interest in the land within this
tentative parcel map excepting therefrom those portions required to be dedicated
or deeded for public use. The form of the indemnification shall be acceptable to
the City Attorney.
34. The applicant shall comply with the provisions of Section 13,24.110 (Utilities),
LQMC.
35. 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.
PASTANWeine commerciahtpm 31172 pc coa.wpd 8
Planning Commission Resolution 2003-019
Conditions of Approval - Final
Tentative Parcel Map 31172
Kleine Building and Development, Inc.
April 22, 2003
36, 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.
37. 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.
38. The applicant shall redesign existing driveway access within the City right of way
to comply with current ADA requirements.
39. The design of parking facilities shall conform to LQMC Chapter 9.150 (Parking).
Entry drives, main interior circulation routes, corner cutbacks, bus turnouts,
dedicated turn lanes and other features shown on the approved construction
plans, may require additional street widths as may be determined by the City
Engineer.
40. General access points and turning movements of traffic are limited to the
following:
A. Primary Entry - on Highway 1 1 1 : Joint access at the existing entrance, right
turn out, right turn in.
B. Secondary Entry - on Corporate Centre Drive - Joint access at the existing
entrance, full turn movement is allowed.
C. Secondary Entry - on Corporate Centre Drive - access at the entrance west
of Building 6, full turn movement is allowed.
D. Secondary Entry - on Dune Palms Road - Joint access at the existing
entrance, full turn movement is allowed
PASTAN\Kleine commercial\tpm 31172 pc coa.wpd 9
Planning Commission Resolution 2003-019
Conditions of Approval - Final
Tentative Parcel Map 31172
Kleine Building and Development, Inc.
April 22, 2003
NOTE: Reasonable cooperation by the adjacent landowner does include granting
of reciprocal cross -access easements between the two landowners that facilitate
construction of improvements necessary to implement the shared access concept
on both properties in a manner that precludes unnecessary reconstruction of the
improvements in the future. The developer/owner shall grant cross -access
easement(s) to the property to the west as required by the City of La Quinta.
41. Pursuant to Section 9.150.080(A)(8)(b) (Parking), LQMC, the applicant shall
provide 50-foot uninterrupted driveway throats into the parking lot.
42. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) &
13.24.140 (Landscaping Plans), LQMC.
43. The applicant shall provide landscaping in the required setbacks, retention basins,
common lots and park areas.
44. Landscape and irrigation plans for landscaped lots and setbacks, medians,
retention basins, and parks 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.
45. 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.
The trees used throughout the site shall be eight to ten feet in height with a
minimum container size of 24" box and a minimum trunk caliper of 1.5 inch per
Specific Plan 99-036. Palm trees shall have a minimum 10 foot brown trunk
height. Planting along Highway 111 shall comply with adopted Highway 111
design theme.
PASTANWeine commerciaktpm 31172 pc coa.wpd 10
Planning Commission Resolution 2003-019
Conditions of Approval - Final
Tentative Parcel Map 31172
Kleine Building and Development, Inc.
April 22, 2003
Parking lot surfaces shall be screened from view of the streets with landscaping
and/or a short decorative wall to the satisfaction of the Community Development
Department.
Once the trees have been delivered to the site for installation, a field inspection
by the Community Development Department is required before planting to insure
they meet minimum size and caliper requirements.
46. The applicant shall employ construction quality -assurance measures that meet
with the approval of the City Engineer.
47. 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.
48. 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.
49. 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.
50. The applicant shall comply with the provisions of Section 13.24.160
(Maintenance), LQMC.
51. The applicant shall make provisions for the continuous and perpetual maintenance
of all private on -site improvements, perimeter landscaping, access drives, and
sidewalks.
P:\STAN\kleine commercial\tpm 31172 pc coa.wpd 11
Planning Commission Resolution 2003-019
Conditions of Approval - Final
Tentative Parcel Map 31172
Kleine Building and Development, Inc.
April 22, 2003
52. 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.
53. Permits issued under this approval shall be subject to the provisions of the
Development Impact Fee program in effect at the time of issuance of building
permit(s).
54. Applicant shall comply with the approved Conditions of Approval for Specific Plan
99-036.
P:\STAN\kleine commercial\tpm 31172 pc coa.wpd 12