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PCRES 2003-075PLANNING COMMISSION RESOLUTION 2003-075 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING VILLAGE USE PERMIT 2003-018, FOR DEVELOPMENT OF A ±4,036 SQUARE FOOT COMMERCIAL/OFFICE BUILDING AND ONE RESIDENTIAL UNIT VILLAGE USE PERMIT 2003-018 PATRICK AND MONICA ADAMS WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 23`d day of September, 2003, consider Village Use Permit 2003-018 for a ±4,036 square -foot commercial/office building, including one residential unit, located at the southwest corner of Calle Tampico and Avenida Mendoza, more particularly described as: 18 ACRES MOL, IN A PORTION OF LOT 1, BLOCK 125, AND ALL OF LOT 2, BLOCK 125, SANTA CARMELITA AT VALE LA QUINTA, UNIT 14, PER MB 018/082 OF MAPS WHEREAS, said Village Use 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 Village Use 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 Village Use Permit: 1. The proposed Village Use 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 Village Commercial and other current City standards when considering the conditions to be imposed. 2. The proposed Village Use Permit is consistent with the requirements and /or intent of 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. Specifically, development of existing Village Commercial land is considered to implement zoning consistency with the General Plan. Parking as provided is consistent with parking reduction allowances authorized in the Zoning Code, and with prior approvals for reduced parking. P:\CAROLYN\Reso & Cond\9-23-03 Meeting\peresovup018.doc Planning Commission Resolution 2003-075 Village Use Permit 2003-018 September 23, 2003 3. The proposed Village Use 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 said Village Use Permit is exempt from CEQA review under Guidelines Section 15332 (lnfill Development), and that a Notice of Exemption should be filed. 4. Approval of the proposed Village Use Permit will not create conditions materially detrimental to the public health, safety and general welfare, nor injurious to or incompatible with, other properties or land uses in the vicinity. All immediately surrounding property is zoned for Village Commercial Development, and existing property to the south and west is developed as residential and commercial, respectively. Development of office uses proximate to residential uses in the area will not significantly impact quality of life for area residents. 5. The architectural design aspects of the proposed Village Use Permit, including but not limited to, architectural style, scale, building mass, materials, colors, architectural detailing, roof style and other elements, are compatible with surrounding development and quality of design illustrated in the Village at La Quinta Design Guidelines, and with the overall design quality prevalent in the City, with the recommended conditions of approval. 6. The site design aspects of the proposed Village Use Permit, including but not limited to project entries, parking provisions, interior circulation, pedestrian access and amenities, screening and other elements, are compatible with surrounding development and quality of design illustrated in the Village at La Quinta Design Guidelines, and with the overall design quality prevalent in the City. 7. The project landscaping for the proposed Village Use Permit, including but not limited to location, size, type and coverage of plant materials, has been conditioned for review to insure it is designed to provide visual relief, complement the building, unify and enhance visual continuity of the site with surrounding development, and is consistent with the concepts in the Village at La Quinta Design Guidelines. 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; P:\CAROLYN\Reso & Cond\9-23-03 Meeting\peresovup018.doc Planning Commission Resolution 2003-075 Village Use Permit 2003-018 September 23, 2003 2. That it does hereby approve Village Use Permit 2003-018 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 23rd day of September, 2003, by the following vote, to wit: AYES: Commissioners Daniels, Quill, Tyler and Chairman Kirk NOES: None ABSENT: Commissioner Abels ABSTAIN: None TO 1 K K, Chairman City of La Quinta, California ATTEST: IY HEWAN, Community Development Director of La Quinta, California P:\CAROLYN\Reso & Cond\9-23-03 Meeting\peresovup018.doc PLANNING COMMISSION RESOLUTION 2003-075 EXHIBIT "A" CONDITIONS OF APPROVAL - FINAL VILLAGE USE PERMIT 2003-018 PATRICK AND MONICA ADAMS SEPTEMBER 23, 2003 GENERAL CONDITIONS OF APPROVAL 1. Village Use Permit 2003-018 (VUP 2003-018) 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, these conditions shall take precedence. 2. This approval shall expire one year after its 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. 3. 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. 4. 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 • 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 Planning Commission Resolution 2003-075 Village Use Permit 2003-018 Conditions of Approval - Final September 23, 2003 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. 5. 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. For construction activities including clearing, grading or excavation of land, which disturbs less than 5 acres, the Permitee shall be governed by the provisions of U.B.C. § 3316, A. A. 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. B. The approved BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. 6. Handicap access and facilities shall be provided in accordance with Federal (ADA), State and local requirements. Handicap accessible parking shall generally conform to the approved exhibits for VUP 2003-018. 7. 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 8. 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. 9. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, and common areas shown on the Village Use Permit. Planning Commission Resolution 2003-075 Village Use Permit 2003-018 Conditions of Approval - Final September 23, 2003 10. Direct vehicular access from any portion of the site with frontage along Avenida Mendoza and Calle Tampico is restricted, except for those access points identified on the approved site plan, or as otherwise conditioned in these conditions of approval. 11. 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. 12. The applicant shall cause no easements to be granted, or recorded, over any portion of the subject property, between the date of approval of this Village Use Permit and the date of final acceptance of the on -site and off -site improvements for this Village Use Permit, unless such easements are 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. 13. 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. 14. 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 " = 30' 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. Planning Commission Resolution 2003-075 Village Use Permit 2003-018 Conditions of Approval - Final September 23, 2003 "Site Development" plans shall normally include all on -site surface improvements, including but not necessarily limited to, finish grades for curbs and gutters, sidewalks, building floor elevations, parking lot improvements and ADA requirements for the parking lot and access to the building, and show the existing street improvements, out to at least the center lines of adjacent existing streets. 15. The City maintains standard plans, details and/or construction notes for elements of construction. For a fee, established by City resolution, the applicant may acquire standard plans, construction notes and/or detail sheets from the City. 16. 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 FIRE PROTECTION 17. Specific fire protection requirements 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. The following conditions are requested for VUP 2003-018: A. 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. 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. Planning Commission Resolution 2003-075 Village Use Permit 2003-018 Conditions of Approval - Final September 23, 2003 C. Fire Department connections shall be not less than 25 feet nor more than 50 feet from a fire hydrant and shall be located on the street side of the buildings, and shall be located at the main street access to the building. D. The water mains shall be capable of providing a potential fire flow of 1500 gpm and the actual fire flow from any hydrant shall be 1500 gpm for a 2-hour duration at 20 psi residual operating pressure. E. Building plans shall be submitted to the Fire Department for plan review to run concurrent with the City plan check. F. Water plans for the fire protection system (fire hydrants, fdc, etc.) shall be submitted to the Fire Department for approval prior to issuance of a building permit. G. 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. H. Fire Department street access shall come to within 150 feet of all portions of the 1" floor of all buildings, by path of exterior travel. Any commercial operation that produces grease -laden vapors will require a Hood/duct system for fire protection (restaurants, drive -through, etc.). J. Install a KNOX key box on each commercial suite. (Contact the fire department for an application). K. Install portable fire extinguishers as required by the California Fire Code. GRADING 18. 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. 19. 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, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, and Planning Commission Resolution 2003-075 Village Use Permit 2003-018 Conditions of Approval - Final September 23, 2003 C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC. D. An approved Best Management Plan that include storm water pollution prevention and erosion control plans, 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 as submitted with its application for a grading permit. 20. The applicant shall maintain all open graded, undeveloped land to prevent wind and water erosion of soils. All such land shall be planted with interim landscaping or provided with other erosion control measures as approved by the Public Works Departments under the Fugitive Dust Control Plan. 21. Prior to issuance of the main building permit, the applicant shall provide a lot pad certification, stamped and signed by qualified engineers or surveyor. DRAINAGE 22. Nuisance water shall be retained onsite and disposed of via an underground percolation improvement approved by the City Engineer. UTILITIES 23, The applicant shall obtain the approval of the City Engineer for the location of all utility lines within the right of way and all above -ground utility structures including, but not limited to, traffic signal cabinets, electrical vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 24. 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 of the City Engineer. Planning Commission Resolution 2003-075 Village Use Permit 2003-018 Conditions of Approval - Final September 23, 2003 STREET AND TRAFFIC IMPROVEMENTS 25. The applicant shall construct a 6-foot wide sidewalk along the frontage of Avenida Mendoza from the corner of Calle Tampico and Avenida Mendoza to the south project boundary, and conform to City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for parking and sidewalk areas shall be stamped and signed by qualified engineers. 26. The driveway approach on Avenida Mendoza shall be per Riverside Standard No. 207 as modified for ADA compliance. Alternatively, the latest APWA Standard Plan No. 1 10-0 may be utilized if approved by the City Engineer. 27. Improvements shall be designed and constructed in accordance with City adopted standards. PARKING LOTS AND ACCESS POINTS 28. The design of parking facilities shall conform to LQMC Chapter 9.150 (Parking) and the latest ADA standards and policies. 29. The wheelchair ramps in the parking lots shall not encroach into the vehicular traffic lanes. LANDSCAPING 30. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn shall be minimized, with no lawn or spray irrigation within 18 inches of curbs along public streets. 31. On -site landscape, landscape lighting and irrigation plans shall be submitted for approval by the Community Development Department. Plans shall be in substantial conformance with the conceptual landscaping as approved for the project by Planning Commission. When plan checking is complete, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner prior to submitting for final acceptance by the Community Development Department. Planning Commission Resolution 2003-075 Village Use Permit 2003-018 Conditions of Approval - Final September 23, 2003 QUALITY ASSURANCE 32. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 33. The applicant shall employ or retain qualified engineers, surveyors, or 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. 34. The applicant shall arrange for, and bear the cost of, all 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 employed comply with plans, specifications and other applicable regulations. 35. 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. FEES AND DEPOSITS 36. 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. 37. 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. 38. Permit(s) issued under this approval shall be subject to the provisions of the Development Impact Fee program in effect at the time said permit(s) are issued. Planning Commission Resolution 2003-075 Village Use Permit 2003-018 Conditions of Approval - Final September 23, 2003 MISCELLANEOUS 39. The applicant shall submit a detailed project area lighting plan. All pole - mounted light standards shall conform to lighting standards as in effect when plans are reviewed. Under canopy lighting for building areas shall incorporate flush lens caps or similar recessed ceiling lighting. The lighting plan shall be submitted for review at the time construction plan check for the permanent building permit is made to Building and Safety. 40. A comprehensive sign program shall be submitted for review and approval by the Planning Commission prior to establishment of any individual tenant signs for the project. Provisions of the sign program shall be in compliance with applicable sections of Chapter 9.160 of the Zoning Code. 41. All roof -mounted mechanical equipment must be internal to the roof design, or screened as an integral part of the roof structure, 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 the construction plan submittal for building permits. The method and design must be approved by the Community Development Department, prior to any issuance of the main structural building permit. 42. The building plans submitted for plan check shall incorporate the following revisions: A. The dutch -gable roof treatment on the elevation shall be revised to match the existing roof (e.g. a hip roof design). B. Dormer vents shall be replaced with a more compatible roof venting design. C. Add architectural detailing to the north and east stairwell facades, to reduce the wall mass and provide more overall design continuity. D. Roof tile is to be one-piece random mudded clay. E. Exterior stucco shall be a smooth finish. F. Windows in the upper and lower building shall match between the upper and lower trim. Planning Commission Resolution 2003-075 Village Use Permit 2003-018 Conditions of Approval - Final September 23, 2003 43. Prior to issuance of a building permit, a detailed landscaping and lighting plan shall be submitted, for Community Development Department review, to better illustrate the landscape materials to be used on the site, with their location, quantities and size. Lighting shall include any building mounted exterior lighting, parking area, landscaping, fountain and walkway lighting. 44. The south parking area spaces shall be covered with a permanent carport structure. Details shall be submitted with the building plan check submittal, and shall be shown on any civil drawings submitted for plan check.