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PCRES 2003-041PLANNING COMMISSION RESOLUTION 2003-041 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING PLANNING COMMISSION RESOLUTION 2002-022 TO REMOVE CONDITION #12 REQUIRING A NEW BUS SHELTER TO BE BUILT ON HIGHWAY 111 DURING THE EXPANSION OF VONS SUPERMARKET LOCATED AT 78-271 HIGHWAY 111 WITHIN THE PLAZA LA QUINTA SHOPPING CENTER CASE NO.: SITE DEVELOPMENT PERMIT 2001-725, AMENDMENT #1 APPLICANT: VONS, A SAFEWAY CO. WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 241h day of June, 2003, hold a duly noticed Public Hearing to consider the request of Vons to waive the requirement to install a new bus shelter on Highway 111, per Condition #12 of Planning Commission Resolution 2002-022, located at 78- 271 Highway 111 within Plaza La Quinta, more particularly described as: Assessor's Parcel Number: 604-050-008 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 22"d day of January, 2002, approve construction and remodel plans for the Vons Supermarket and Fred Sands Desert Realty located at 78-271 through 78-297 Highway 111 within Plaza La Quinta, by adoption of Resolution 2002-022 on a 5-0 vote. At the meeting, the Planning Commission also determined the expansion request was Categorically Exempt pursuant to Sections 15303 (Class 3C) and 15311 (Class 11 A) of the Guidelines for Implementation of California Environmental Quality Act (CEQA); and WHEREAS, the Community Development Department published the public hearing notice in the Desert Sun newspaper on June 12, 2003, for the June 24, 2003 Planning Commission meeting as prescribed by Section 9.200.110 (Public Hearings) of the Zoning Code. Public hearing notices were also mailed to property owners within 500 feet of the project site. To date, no comments have been received from adjacent property owners; 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 Amendment: G:SDP725 folder/ResoPC No BusS-Final.wpd Planning Commission Resolution 2003-041 Site Development Permit 2001-725, Amendment #1 Vons, a Safeway Co. June 24, 2003 Page 2 1. Consistency Yyith the General Plan - Pursuant to the City's General Plan Circulation Element, off -site improvements such as transit facilities are encouraged to enhance the City's circulation system, increase high occupancy vehicle ridership and assist other public agencies in their transportation goals. The existing Highway 111 bus shelter is adequate to serve SunLine Transit Agency's operational needs until the roadway is widened to its ultimate width of eight lanes. 2. C'onsistencyyvith the Zoning Code - The ongoing expansion plans of the Plaza La Quinta Shopping Center are in compliance with the City's Zoning Code requirements, including but not limited to height limits, number of parking spaces, and lot coverage. 3, Compliance with CEQA - Bus shelter improvements are exempt per Section 15305 (Class 5B) of the Guidelines for Implementation of California Environmental Quality Act (CEQA) as long as the improvements are within an existing right-of-way for which an encroachment permit can be issued. 4. Architectural/Site Design - The existing, and proposed, Conditions of Approval for Site Development Permit 2001-725 require the expansion plans of the shopping center to be architecturally compatible through the use of stucco facades, tile roofing, wood trellises, and other embellishments. 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; and 2. That it does hereby approve Site Development Permit 2001-725 Amendment #1 for the reasons set forth in this Resolution, subject to the attached Conditions of Approval (Exhibit "A"). G:SDP725 folder/ResoPC No BusS-Final.wpd Planning Commission Resolution 2003-041 Site Development Permit 2001-725, Amendment #1 Vons, a Safeway Co. June 24, 2003 Page 3 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Planning Commission, held on the 24`" day of June, 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: HERMA,N, Community Development Director La Quinta, California G:SDP725 folder/ResoPC No BusS-Final.wpd PLANNING COMMISSION RESOLUTION 2003-041 EXHIBIT "A" CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2001-725, AMENDMENT #1 VONS, A SAFEWAY CO. JUNE 24, 2003 GENERAL 1. The use of this site shall be in conformance with the approved exhibits contained in Site Development Permit 2001-725 Amendment #1, unless otherwise amended by the following conditions. 2. The applicant and/or property owner 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 Amendment. 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. 3. Prior to the issuance of a grading, construction or building permit, the applicant shall obtain permits and/or clearances from the following public agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • SunLine Transit Agency • Caltrans (Encroachment Permit) 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. FIRE MARSHAL 4. Final conditions will be addressed when the architectural building plans are reviewed. A plan check fee must be paid to the Riverside County Fire Department (Indio Office) at the time building plans are submitted. PAGreg T\Vons\COA RES 2003-041.wpd Planning Commission Resolution 2003-041 Conditions of Approval - Adopted Site Development Permit 2001-725, Amendment #1 Vons, a Safeway Co. June 24, 2003 Page 2 FEES 5. The applicant shall comply with the terms and requirements of the Development Impact Program in effect at the time of issuance of building permit. i. The developer shall pay school initigation fees to the Desert Sanft UniFied School Dmstfict based on t'.-ir M-NIUMMMents. Fees sho I be paid pmioi to building pennit issuance by the City. (Completed) 7. Sign permit fees shall be paid to install any new on -site signs. MISCELLANEOUS 8. Prior to issuance of a building permit, the following revisions or notes on the plans shall be made to the building plans, subject to the approval of the Community Development Director: A. The easternmost parapet wall, inclusive of the Fred Sands Desert Realty building, shall be redesigned so as to be in scale and design with the in - line tenants to the east. B. Four foot wide raised landscape planters shall be installed under the north building elevation wood trellis. These planters shall be a minimum length of 8'-0" and capped using brick. The final number and location of these planters shall be approved by the Community Development Director. C. Parking lot trees shall be a minimum height of 10'-0" high (minimum 1 .5" caliper) when installed. Eliminate the Yellow Oleander tree from the plant list and replace with Australian Willow (Giejara parbiflora). D. The Plaza La Quinta Employee Parking Plan shall be modified to include an enforcement program for the employee parking area south of the Vons building. The enforcement plan shall include a provision that the spaces shall be used, in the daylight hours, from October 1 through May 31. The enforcement plan shall be submitted and approved prior to issuance of a building permit. Any amendments to the Employee Parking Plan shall be approved by the Community Development Department. E. Roof parapets shall screen any roof mounted mechanical equipment from view of neighboring properties. P:\Greg T\Vons\COA RES 2003-041 .wpd Planning Commission Resolution 2003-041 Conditions of Approval - Adopted Site Development Permit 2001-725, Amendment #1 Vons, a Safeway Co. June 24, 2003 Page 3 F. Diffuser lenses shall be added to all parking lot light fixtures to eliminate glare. G. Bike racks shall be installed in close proximity to the Vons entrance pursuant to Section 9.150.060 of the Zoning Ordinance. 9. Preliminary landscaping and final landscaping, hardscape, and irrigation plans, substantially conforming to this approval shall be submitted to the Community Development Department for approval prior to issuance of a building permit by the Building and Safety Department. 10. fO;V�Vnq pennit issuance, a Lot Line Acquotment Application shall be filed and approved by the City shifting any property 'miles that conflict Md. County of RiVemide. (Completed) 11. All letters from affected public utility or service agencies on file in the Community Development Department shall be complied with. 12. Staff and the applicant shall inquire from Caltrans if the construction of a turnout pocket is required to replace the existing bus shelter with a City - approved bus shelter. Should Caltrans not require construction of a turnout pocket, the applicant shall replace the existing bus shelter with a City -approved bus shelter, in accordance with all applicable requirements, within 90 days. Should Caltrans require the construction of the turnout pocket, then the applicant shall give Twenty -Three Thousand ($23,000) dollars for the actual costs of constructing such bus shelter, to the City of La Quinta for construction of a future bus shelter within 90 days. 13. The property owner shall ensure that customers and employees of the shopping center have access to building and parking facilities in compliance with the Americans with Disabilities Act (ADA) regulations. Any change to the number of parking spaces within the shopping center shall comply with Chapter 9.150 (Parking) of the Zoning Code. P:\Greg T\Vons\COA RES 2003-041 .wpd