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PCRES 2004-005PLANNING COMMISSION RESOLUTION 2004-005 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING DEVELOPMENT PLANS FOR A ±7,430 SQUARE FOOT COMMERCIAL/OFFICE BUILDING, SUBJECT TO CONDITIONS CASE NO: SITE DEVELOPMENT PERMIT 2004-797 APPLICANT: WG PROPERTIES WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 24" day of February, 2004, hold a duly noticed Public Hearing to consider a request to approve Site Development Permit 2004-797, development plans for a ±7,430 square -foot commercial/office building within a 1.51 acre site, located ±200 feet north of the intersection of Lake La Quinta Drive and Washington Street, more particularly described as: PARCEL 6 OF PM 27892, PM 182/063 OF MAPS WHEREAS, the Architecture and Landscape Review Committee, on February 24, 2004, at a regular meeting, recommended approval of the architectural plans by adoption of Minute Motion 2004-004 on a 3-0 vote; and WHEREAS, said Site Development Permit 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 Director has determined this request has been previously assessed in conjunction with Environmental Assessment 2002-448, prepared for Specific Plan 2002-056, for which a Negative Declaration of Environmental Impact was certified by the City Council on June 18, 2002, and that no changed circumstances, conditions or new information has been provided that would trigger the preparation of a subsequent environmental assessment pursuant to Public Resources Code Section 21166; 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 pursuant to Section 9.210.010 of the Zoning Code: 1. Consistency with General Plan. The proposed 7,430 sq. ft. office building is in a Community Commercial designated area that encourages retail and office uses in close proximity to arterial thoroughfares and residential neighborhoods. This office use, as designed, complies with the overall C:\Documents and Settings\cwalker\Local Settings\Temporary Internet Files\0LK7\resopcsdp797.doc Planning Commission Resolution 2004-005 Site Development Permit 2004-797 February 24, 2004 development concept of the approved Specific Plan and the City's General Plan Land Use guidelines. 2. Consistency with Zoning Code. The proposed office building is consistent with the development standards of the Community Commercial Zoning District with regard to setbacks, building height, and parking requirements based on the proposed Conditions of Approval. The proposed building is consistent in design with the existing building and other nearby commercial buildings. 3. Architectural Design. The proposed architectural design of the one-story building reflects the design guidelines for Specific Plan 2002-056, through the use of smooth stucco and other architectural elements and will match the existing structure. 4. Site Design. As conditioned, the proposed project will not be contrary to the existing design features established under Specific Plan 2002-056. 5. Landscape Design. Minor landscape improvements around the proposed building pad are being requested which will not impact the existing completed parking and landscaping improvements. 7. Infrastructure. There are adequate existing provisions for water, sanitation, and public utilities to ensure that the proposed building will not be detrimental to public health and safety. 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 the project is in compliance with the provisions and conditions of Specific Plan 2002-056 and Environmental Assessment 2002-448; 3. That public hearing notices were mailed to adjacent property owners by the Community Development Department and posted in the Desert Sun Newspaper on February 14, 2004, as required by Zoning Ordinance provisions; and 4. That it does hereby approve Site Development Permit 2004-797 for the reasons set forth in this Resolution, subject to the Conditions attached hereto. C1Documents and Settings\cwalker\Local Settings\Temporary Internet Files\OLK7\resopcsdp797.doc Planning Commission Resolution 2004-005 Site Development Permit 2004-797 February 24, 2004 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Planning Commission, held on the 241h day of February, 2004, by the following vote, to wit: AYES: Commissioners Daniels, Quill, Tyler, and Chairman Kirk NOES: None ABSENT: Commissioner Abels lillmm[LIMM- TON KIR , Chairman City bfLa Quinta, California ATTEST: y v� — //' , OSCAR W. ORCI, Interim Community Development Director City of La Quinta, California C1Documents and Settings\cwalker\Local Settings\Temporary Internet Files\OLK7\resopcsdp797.doc PLANNING COMMISSION RESOLUTION 2004-005 EXHIBIT A CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2004-797 WG PROPERTIES FEBRUARY 24, 2004 GENERAL 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 Site Development Permit. 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. 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) • Building and Safety Department • Community Development Department • Riverside Co. Environmental Health Department • Coachella Valley Unified School District (CVUSD) • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) 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 improvement plans for City approval. 3. 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. C:\Documents and Settings\cwalker\Local Settings\Temporary Internet Fi1es\0LK7\coapcsdp797.doc Planning Commission No. 2004-005 Conditions of Approval - Final Site Development Permit 2004-797 WG Properties February 24, 2004 Page 2 PROPERTY RIGHTS 4. 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. 5. The applicant shall offer for dedication public street right-of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 6. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Washington Street (Augmented Major Arterial, 132' ROW) — Additional right of way shall be acquired and dedicated to provide the standard sixty six-foot right or way from the centerline of Washington Street as required by the General Plan. The six-foot strip across the entire Washington Street boundary of SDP 2002-731 may be in the form of an easement from the Commercial Properties Owners Association to the City of La Quinta if the applicant is unable to acquire the additional right of way. 2) Caleo Bay — No additional right of way is required. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refers to persons currently certified or licensed to practice their respective professions in the State of California. 7. 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. Planning Commission No. 2004-005 Conditions of Approval - Final Site Development Permit 2004-797 WG Properties February 24, 2004 Page 3 8. The following improvement plans shall be prepared and submitted for review and approval by the City: A. "Site Development Plans" shall normally include all surface improvements, including but not limited to: parking lot improvements or revision to existing parking lot layouts, finish grades, curbs & gutters, ADA requirements, retaining and perimeter walls, etc. ADA accessibility to public streets, adjacent buildings and existing handicap parking 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 Off Site Street 1" = 40' Horizontal; 1" = 4' Vertical Plans for improvements not listed above shall be in formats approved by the City Engineer. 9. 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. 10. 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. IMPROVEMENT AGREEMENT 1 1 . 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. Planning Commission No. 2004-005 Conditions of Approval - Final Site Development Permit 2004-797 WG Properties February 24, 2004 Page 4 GRADING 12. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 13. 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. 14. The applicant shall maintain graded, undeveloped land to prevent wind and water erosion of soils. The land shall be planted with interim landscaping or provided with other erosion control measures approved by the Community Development and Public Works Departments. 15. Prior to issuance of building permits, the applicant shall provide building pad certifications 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. 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. DRAINAGE 17. Stormwater shall be directed to the approved drainage system for Tract 24230/Tract 26152 (Lake La Quinta) and SDP 2002-731. Nuisance water shall be retained on site and disposed of in the existing dry well located in the landscaping adjacent to the Washington Street. The applicant shall demonstrate that there is sufficient capacity in the existing systems to accept the design run off from the proposed project. If the existing system is not capable to carry any or all of the developed run off from this development, the applicant shall retain the incremental difference on site. -- 18. Stormwater may not be retained in landscaped parkways or landscaped set back lots. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. Planning Commission No. 2004-005 Conditions of Approval - Final Site Development Permit 2004-797 WG Properties February 24, 2004 Page 5 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. 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. 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 trench compaction for approval of the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 21. The applicant shall construct the following street improvements as required by the City Engineer. A. OFF -SITE STREETS Washington Street (Major Arterial; 120' R/W ): No additional street improvements are required except at locations where additional street width is needed to accommodate: a) Bus turnout (if required by Sunline Transit) b) A deceleration/right turn only lane at the Primary Entry of 60 feet from the centerline and 100 feet long plus a variable transition of an additional 50 feet if a traffic study prepared for the applicant by a licensed traffic engineer requires a right turn only/deceleration lane per Engineering Bulletin # 03-08. Planning Commission No. 2004-005 Conditions of Approval - Final Site Development Permit 2004-797 WG Properties February 24, 2004 Page 6 ii. Caleo Bay (Local Road; 60' R/W ): The applicant shall contribute fair share cost to re -stripe portions of Caleo Bay to accommodate the left turn lanes at the driveways. 22. The applicant may be required to configure existing parking facilities to conform to requirements of the LQMC Chapter 9.150 (Parking) and ADA requirements aforementioned in 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. 23. General access points and turning movements of traffic to off site public streets are limited to the access locations approved in Site Development Permit 2002-731 . A. Washington Street — Right turn in and out movements are permitted. Left turn in and out movements are restricted. B. Caleo Bay — No turning restrictions. CONSTRUCTION 24. 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 improvements shall include required traffic control devices, pavement markings and street name signs. 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 engineers, surveyors, and such other appropriate professionals as are required to provide the expertise Planning Commission No. 2004-005 Conditions of Approval - Final Site Development Permit 2004-797 WG Properties February 24, 2004 Page 7 with which to prepare and sign accurate record drawings, and to provide adequate construction supervision. 27. 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. 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 29. The applicant shall make provisions for continuous, perpetual maintenance of all on -site improvements, perimeter landscaping, access drives, and sidewalks. The applicant shall maintain required public improvements until expressly released from this responsibility by the appropriate public agency. 30. The building area as approved under Site Development Permit 2004-797 shall be limited to general commercial office uses in order to maintain adequate parking. LANDSCAPING 31. The applicant shall provide landscaping in required setbacks, common lots, and park areas. 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 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 Planning Commission No. 2004-005 Conditions of Approval - Final Site Development Permit 2004-797 WG Properties February 24, 2004 Page 8 prior to submitting for signature by the City Engineer. Plans are not approved for construction until signed by the City Engineer. 32. The planter landscaping between the north walkway and parking area, shall incorporate a cobblestone or similar suitable material, which can accommodate potential foot traffic that may cut across this area. FEES AND DEPOSITS 33. 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. 34. 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). BUILDING DESIGN 35. The colors used for the building shall incorporate more earth -tone hues in its materials than those of the existing structure approved under SDP 02-731.