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PCRES 2003-042PLANNING COMMISSION RESOLUTION 2003-042 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE DEVELOPMENT OF AN ±11,200 SQUARE FOOT COMMERCIAL OFFICE STRUCTURE SITE DEVELOPMENT PERMIT 2003-771 LARRY ANDREWS WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 24" day of June, 2003, consider a Site Development Permit application by Larry Andrews, for a ±11,200 square -foot commercial/office structure, located south and west of Avenue 47 and Caleo Bay Drive, and more particularly described as: PARCELS 6 & 7 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 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 Community Commercial zoning, Planning Commission Resolution 2003-042 Site Development Permit 2003-771 June 24, 2003 and which were previously addressed in the EIR certified for the General Plan and approved under Specific Plan 2000-049. Specifically, development of existing CC -zoned 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 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 2000-049, 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 2000-049 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 2000-049. 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 2003-771 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 24th day of June, 2003, by the following vote, to wit: P:\CAROLYN\Reso & Cond\peresosdp771.doc Planning Commission Resolution 2003-042 Site Development Permit 2003-771 June 24, 2003 AYES: Commissioners Abels, Kirk, Tyler, Robbins, and Chairman Butler NOES: None ABSENT: None ABSTAIN: None Ie1 RIC BUT ER, Chairman City of La Quinta, California HERMfAN, Community Development Director La Quinta, California P:\CAROLYN\Reso & Cond\peresosdp771.doc PLANNING COMMISSION RESOLUTION 2003-042 EXHIBIT "A" CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2003-771 LARRY ANDREWS JUNE 24, 2003 GENERAL CONDITIONS OF APPROVAL 1. Site Development Permit (SDP) 2003-771 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 2003-771, these conditions shall take precedence. 2. SDP 2003-771 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 two years 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 developer of any claim, action or proceeding and shall cooperate fully in the defense. 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:\CAROLYN\Reso & Cond\coapcsdp7711.doc Site Development Permit 2003-771 Conditions of Approval - RECOMMENDED June 24, 2003 e 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. 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. 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. The applicant may be required to configure existing parking facilities to conform with requirements of the LQMC Chapter 9.150 (Parking) and ADA requirements as set forth under GRADING. Entry drives, main interior circulation routes, corner cutbacks, bus turnouts, dedicated turn lanes, ADA accessibility route to public streets and other features shown on the approved construction plans, may require additional street widths and other improvements as may be determined by the City Engineer. P:\CAROLYN\Reso & Cond\coapcsdp7711 .doc Site Development Permit 2003-771 Conditions of Approval - RECOMMENDED June 24, 2003 General access points and turning movements of traffic to off site public streets are limited to the accesss locations approved in SP 2000-049. A. Washington Street — Right turn in, Right turn out, only. B. Avenue 47 — No turning restrictions. C. Caleo Bay — No turning restrictions. 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. If the applicant proposes vacation or abandonment of any existing rights of way or access easements which will diminish access rights to any properties owned by others, the applicant shall provide approved alternate rights of way or access easements to those properties or notarized letters of consent from the 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. 12. The applicant shall dedicate or grant public and private street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and as required by the City Engineer. 13. The applicant shall dedicate easements necessary for placement of and access to utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas. P:\CAROLYN\Reso & Cond\coapcsdp7711.doc Site Development Permit 2003-771 Conditions of Approval - RECOMM June 24, 2003 14. Direct vehicular access to and from lots with frontages along Caleo Bay is restricted, except for those existing access points identified on the approved Tentative Parcel Map. The applicant shall furnish proof of easements or written permission, as appropriate, from owners of any abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments are to occur. IMPROVEMENT PLANS 15. 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. 16. 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. "Site Development Plans" shall normally include all surface improvements, including but not limited to: parking lot improvements, finish grades, curbs & gutters, ADA requirements, retaining and perimeter walls, etc. Site Development Plan: 1 " = 30' Horizontal Plans for improvements not listed above shall be in formats approved by the City Engineer. "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/parking area improvements out to at least the center lines of adjacent existing streets. 17. 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. 18. In the event that any of the improvements required herein are constructed by the City, the applicant shall, at the time of approval of the development or building permit, reimburse the City for the cost of those improvements. P:\CAROLYN\Reso & Cond\coapcsdp7711.doc Site Development Permit 2003-771 Conditions of Approval - RECOMM June 24, 2003 FIRE PROTECTION 19. Applicant shall comply with all requirements of the Fire Marshal: A. Approved super fire hydrants shall be located not less than 25 feet, nor more than 165 feet, away from any portion of the buildings, as measured along vehicular travel ways. B. 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. C. Water mains shall be capable of providing a potential fire flow of 2250 gpm, and the actual fire flow from any hydrant shall be 1500 gpm for a 2-hour duration at 20 PSI, residual operating pressure. D. Building plans shall be submitted for to the Fire Department for plan review, to run concurrent with City plan checking. E. Water plans for the fire protection system (fire hydrants, etc.) shall be submitted to the Fire Department for approval, prior to issuance of a building permit. F. City of La Quinta Ordinance requires all commercial buildings 5,000 s.f. or larger to be fully sprinkled (NFPA 13 Standard). Sprinkler plans will need to be submitted to the Fire Department. The entire building area of 11,200 square feet shall comply with this requirement. G. The required water system, including hydrants, shall be installed and inspected by the appropriate water agency prior to any combustible building materials being placed on site. H. Install a KNOX key box on each commercial suite (Contact the Fire Department for an application)• Install portable fire extinguishers as required by the California Fire Code. GRADING 20. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. P:\CAROLYN\Reso & Cond\coapcsdp7711.doc Site Development Permit 2003-771 Conditions of Approval - RECOMMENDED June 24, 2003 21. 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. 22. 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. 23. 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. 24. Slopes shall not exceed 3:1 in landscape areas outside the right of way unless otherwise approved by the City Engineer. 25. Prior to the issuance of a building permit, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor. Such pad certification shall list the relative compaction of the pad soil. DRAINAGE 26. Stormwater handling shall conform with the approved Lake La Quinta Master Drainage Plan and the Palm Desert National Bank Drainage Plan. Nuisance water shall be retained on site and disposed of in the existing combination catch basin/dry well located in the landscaping adjacent to the Caleo Bay access. P:\CAROLYN\Reso & Cond\coapcsdp7711.doc Site Development Permit 2003-771 Conditions of Approval - RECOMMENDED June 24, 2003 UTILITIES 27. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 28. 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. 29. 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. LANDSCAPING The applicant shall comply with Sections 9.90.040 (Table of Development Standards) & 9.100.040 (Landscaping), LQMC. 31. 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. 32. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn areas shall be minimized. CONSTRUCTION 33. 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 final asphalt lift and parking lot signing and striping shall be completed prior to final inspections of habitable buildings. P:\CAROLYN\Reso & Cond\coapcsdp7711.doc Site Development Permit 2003-771 Conditions of Approval - RECOMMENDED June 24, 2003 QUALITY ASSURANCE 34. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer, 35. The applicant shall employ or retain qualified civil engineers, geotechnical engineers, surveyors, or other appropriate professionals to provide sufficient construction supervision to be able to furnish and sign accurate record drawings. 36. The applicant shall arrange and bear the cost of measurement, sampling and testing procedures not included in the City's inspection program but required by the City as evidence that construction materials and methods comply with plans, specifications and applicable regulations. 37. 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 38, 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 39. 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. 40. 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. 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 permitlsl. P:\CAROLYN\Reso & Cond\coapcsdp7711.doc Site Development Permit 2003-771 Conditions of Approval - RECOMM June 24, 2003 41. Prior to completion of any approval process for modification of boundaries of the property or lots subject to these conditions, the applicant shall process a reapportionment of any bonded assessment(s) against the property and pay the cost of the reapportionment. MISCELLANEOUS 42. 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. 43. 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:\CAROLYN\Reso & Cond\coapcsdp7711 .doc