Loading...
PCRES 2003-108PLANNING COMMISSION RESOLUTION 2003-108 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING DEVELOPMENT PLANS FOR AN 11,300 SQUARE FOOT COMMERCIAL OFFICE STRUCTURE SITE DEVELOPMENT PERMIT 2003-791 McDERMOTT ENTERPRISES WHEREAS, the Planning Commission of the City of California, did on the 9th day of December, 2003, consider a Site Permit application by McDermott Enterprises, for an V11,300 commercial/office structure, located on the west side of Caleo Bay feet south of Avenue 47, and more particularly described as: PARCELS 8, 9 & 10 OF PARCEL MAP 29889 La Quinta, Development square -foot Drive, ±300 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 did prepare Environmental Assessment 2000-405, which was certified by the La Quinta City Council on April 17, 2001 (Resolution 2001-42). Based on that Assessment, it has been determined that none of the circumstances exists, as set forth in Public Resources Code 21166, that would trigger preparation of any further environmental review, have been shown to exist; 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 be developed in a manner consistent with the General Plan Land Use designation of Community Commercial and other current City standards. 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, and which were previously addressed in the EIR certified for the La Quinta 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 and said Specific Plan. PAPC Reso & COATC Reso 2003-108.doc Planning Commission Resolution 2003-108 Site Development Permit 2003-791 - McDermott Enterprises December 9, 2003 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 said Site Development Permit was considered during review of Environmental Assessment 2000-405, prepared for Specific Plan 2000-049, and certified by the La Quinta City Council on April 17, 2001. No changed circumstances exists that would trigger preparation of any further environmental review have been shown to exist. 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 2003-791 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 9th day of December, 2003, by the following vote, to wit: Planning Commission Resolution 2003-108 Site Development Permit 2003-791 - McDermott Enterprises December 9, 2003 AYES: Commissioners Abels, Quill, Tyler, and Chairman Kirk NOES: None ABSENT: Commissioner Daniels ABSTAIN: None TOM ICIR5/Cha?man City of La Quinta, California ATTEST: .FERRY HERMAN, CommuniX Development Director City of La Quinta, California PAPC Reso & COA\PC Reso 2003-108.doc PLANNING COMMISSION RESOLUTION 2003-108 EXHIBIT "A" CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2003-791 McDERMOTT ENTERPRISES DECEMBER 9, 2003 GENERAL CONDITIONS OF APPROVAL 1. Site Development Permit (SDP) 2003-791 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 2003-791, these conditions shall take precedence. 2. SDP 2003-791 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. 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: PAPC Reso-COA 2003-108.doc Planning Commission Resolution 2003-108 Conditions Of Approval - FINAL Site Development Permit 2003-791 McDermott Enterprises December 9, 2003 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 Exhibit "A" 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, ADA accessibility route(s) to public streets and other features shown on the approved construction plans, may require additional improvements as may be determined by the City Engineer. 2 Planning Commission Resolution 2003-108 Exhibit "A" Conditions Of Approval - FINAL Site Development Permit 2003-791 McDermott Enterprises December 9, 2003 PROPERTY RIGHTS 8. 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. IMPROVEMENT PLANS 9. 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. 10. When final plans are approved by the City, the applicant shall furnish accurate AutoCad files of the complete, approved plans on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. At the completion of construction and prior to final acceptance of improvements, the applicant shall update the files to reflect as -constructed conditions. If the plans were not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the plans 11. "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. ADA accessibility to public streets shall be shown on the Site Development Plans at a scale to be determined by the Public Works Department. Site Development Plan: 1 " = 30' Horizontal Plans for improvements not listed above shall be in formats approved by the City Engineer. 3 Planning Commission Resolution 2003-108 Conditions Of Approval - FINAL Site Development Permit 2003-791 McDermott Enterprises December 9, 2003 Exhibit "A" "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. The City may maintain standard plans, details and/or construction notes for elements of construction. For a fee, established by City resolution, the applicant may acquire standard plan and/or detail sheets from the City. 12. 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. FIRE PROTECTION 13. Applicant shall comply with all requirements of the Fire Marshal: A. Approved super fire hydrants shall be spaced every 330 feet and 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 minimum fire flow of 1500 gpm for a 2-hour duration at 20 PSI, residual operating pressure. D. 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 front street side of the buildings. E. Building plans shall be submitted for to the Fire Department for plan review, to run concurrent with City plan checking. F. 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. 0 Planning Commission Resolution 2003-108 Conditions Of Approval - FINAL Site Development Permit 2003-791 McDermott Enterprises December 9, 2003 Exhibit "A" G. 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 11,300 square feet shall comply with this requirement. H. 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. I. 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. J. 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. Streets shall be a minimum 20 feet wide with a height of 13"6" clear and unobstructed. K. Install a KNOX key box on each commercial suite (Contact the Fire Department for an application). L. Install portable fire extinguishers as required by the California Fire Code. GRADING 14. Prior to occupation of the project site for construction purposes, the applicant shall submit and receive approval of a Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, LQMC. The applicant shall furnish security, in a form acceptable to the City, in an amount sufficient to guarantee compliance with the provisions of the permit. 15. Prior to issuance of building permits, the applicant shall provide building pad certification stamped and signed by qualified engineers or surveyors. The certification shall list the approved elevation, the actual elevation, the difference between the two, if any, and pad compaction. 16. 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 5 Planning Commission Resolution 2003-108 Conditions Of Approval - FINAL Site Development Permit 2003-791 McDermott Enterprises December 9, 2003 Exhibit "A" stabilized with such other erosion control measures as may be approved by the Public Works Department. 17. Slopes shall not exceed 3:1 in landscape areas outside the right of way unless otherwise approved by the City Engineer. r)RAINAGF 18. 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. UTILITIES 19. 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. 20. 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 21. The applicant shall comply with Sections 9.90.040 (Table of Development Standards) & 9.100.040 (Landscaping), LQMC. No mesquite trees shall be used in the final landscape design plans. 22. 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 N r Planning Commission Resolution 2003-108 Conditions Of Approval - FINAL Site Development Permit 2003-791 McDermott Enterprises December 9, 2003 Exhibit "A" prior to submitting for signature by the City Engineer. Plans are not approved for construction until signed by the City Engineer. 23. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn areas shall be minimized. CONSTRUCTION 24. The City will conduct final inspections of habitable buildings only when the buildings have parking lots, access drives, sidewalk and ADA accessibility to publicly -maintained streets. Additionally, all said improvements constructed under Tract 29889 shall be accepted by the City prior to final inspection of habitable buildings. QUALITY ASSURANCE 25. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 26. 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. 27. 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. 28. 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 7 Planning Commission Resolution 2003-108 Conditions Of Approval - FINAL Site Development Permit 2003-791 McDermott Enterprises December 9, 2003 29. The applicant shall make maintenance of all private access drives, and sidewalks, FEES AND DEPOSITS Exhibit "A" provisions for the continuous and perpetual on -site improvements, perimeter landscaping, 30. 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. 31. 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. 32. 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). 33. 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 34. The applicant shall submit a detailed building lighting plan to include exterior fixture details. The lighting plan shall be approved by the Community Development Department prior to issuance of the building permit. 35. 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 N Planning Commission Resolution 2003-108 Conditions Of Approval - FINAL Site Development Permit 2003-791 McDermott Enterprises December 9, 2003 Exhibit "A" Community Development Department prior to any issuance of building permits related to structures requiring such screening. w