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PCRES 2004-053PLANNING COMMISSION RESOLUTION 2004-053 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE ARCHITECTURE PLANS FOR CONSTRUCTION OF AN ADDITION TO THE HOME DEPOT STORE, SUBJECT TO CONDITIONS CASE NO.: SITE DEVELOPMENT PERMIT 2004-808 APPLICANT: HOME DEPOT USA, INC. WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 13`h and 27`h days of July, 2004, hold a duly noticed Public Hearings to consider the request of Home Depot to approve the architecture plans for a 1,992 square foot building addition located at 79-900 Highway 1 1 1 in the Regional Commercial Zone District within Specific Plan 96-027, more particularly described as: Assessor's Parcel Numbers: 649-020-032 Parcel 1 of Parcel Map 28469 Section 29 of T5S R7E SBBM WHEREAS, the Architecture and Landscape Review Committee, on the 2nd of June, 2004, at a regular meeting, recommended approval of the architectural plans by adoption of Minute Motion 2004-018, subject to conditions; 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 96-325, prepared for Specific Plan 96-027 and Conditional Use Permit 96-028, for which a Mitigated Negative Declaration of Environmental Impact was certified by the City Council on September 17, 1996, by Resolution 96-71, and that no changed circumstances, . conditions or new information has been provided that would trigger the preparation of a subsequent environmental assessment pursuant to Section 15162. WHEREAS, on- and off -site infrastructure improvements exist to service the planned project; and WHEREAS, the recordation of Parcel Map 28469 in 1998 established the development parcels for Specific Plan 96-027; and Planning Commission Resolution 2004-053 Site Development Permit 2004-808, Home Depot Adopted: July 27, 2004 Page 2 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 building is within a Regional Comical land use area which encourages high intensity commercial uses as defined under the policies and goals of Specific Plan 96-027. Therefore, no impacts to surrounding properties can be foreseen. 2. Consistency with Zoning Code. The proposed building is consistent with the development standards of the CR Zoning District, and has been designed to comply with the development standards of Specific Plan 96-027 with regard to setbacks, building heights and parking arrangements. 3. Architectural Design. The proposed architectural design elements of the commercial project are consistent with the adopted design guidelines of Specific Plan 96-027. 4. Site Design. As conditioned, the proposed project site is designed to be consistent with the circulation pattern in Specific Plan 96-027. S. Landscape Design. Existing landscape improvements will be unaffected by this development request. 6. Sign Program. As conditioned, the proposed commercial sign is consistent with the Sign Program guidelines for Specific Plan 96-027. 7. Lighting Design. As conditioned, exterior lighting for security is consistent with the City requirements to provide a variety of lighting types with cutoff fixtures ensuring glare is not created. 8. Infrastructure. There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety, in that the site is in a developed urban area where services are provided. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: Planning Commission Resolution 2004-053 Site Development Permit 2004-808, Home Depot Adopted: July 27, 2004 Page 3 1. That the above recitations are true and constitute the findings of the Planning Commission in this case; and 2. That the project is in compliance with the provisions and conditions of Specific Plan 96-027 and Environmental Assessment 96-325 (City Council Resolution 96-71) as designed; and 3. That it does hereby approve Site Development Permit 2004-808 for the reasons set forth in this Resolution, subject to the Conditions attached hereto. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta Planning Commission, held on the 271h day of July, 2004, by the following vote, to wit: AYES: Commissioners Daniels, Ladner, and Chairman Kirk NOES: None ABSENT: Commissioners Krieger and Quill ABSTAIN: None TOM K, Chairman CI -of La Quinta, California ATTEST: OSCAR ORCI, Planning Manager City of La Quinta, California PLANNING COMMISSION RESOLUTION 2004-053 CONDITIONS OF APPROVAL — FINAL SITE DEVELOPMENT PERMIT 2004-808, HOME DEPOT JULY 27, 2004 GFNFRAL 1 . 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 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 a grading, construction or building permit, the applicant shall obtain applicable permits and/or clearances from the following agencies, if applicable or required: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department (CDD) • Riverside Co. Environmental Health Department (RCEHD) • Desert Sands Unified School District (DSUSD) • 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 or clearances from the above listed agencies and departments. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. PROPERTY RIGHTS 3. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for construction or proper functioning of the proposed development particularly Parcel 4 of Tract No. 28573, 99-Cent Store. 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. Planning Commission Resolution 2004-053 Site Development Permit 2004-808, Home Depot Adopted: July 27, 2004 Page 2 4. 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 owner. 5. The applicant shall offer for dedication all 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. Additional CVWD easement at the existing driveway at the Vista Grande intersection to provide access to the Sewer Lift Station located in the Whitewater Storm Channel right of way as exhibited in the Jefferson Street Widening Phase II — Jefferson Street Right -Of -Way Dedication. The aforementioned easement shall be waived if the applicant accepts an offer of payment for such easement in the amount of $3,103.00 from the City of La Quinta. 7. The public street right-of-way offers for dedication required for this development include: Jefferson Street (Major Arterial, 120' ROW) — A portion along the easterly boundary of Parcel 1 of Parcel Map No. 28469 to provide for the standard 60 feet from the centerline of Jefferson Street for a total 120-foot ultimate developed right of way and an additional right of way dedication at the existing driveway at the Vista Grande intersection measured eighty six feet west of the centerline of Jefferson Street for traffic signal equipment maintenance purposes as exhibited in the Jefferson Street Widening Phase II — Jefferson Street Right -Of -Way Dedication. 8. All above -mentioned right-of-way dedications and/or acceptance of offer shall be made within 30 days of approval of this Site Development Permit. 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. Planning Commission Resolution 2004-053 Site Development Permit 2004-808, Home Depot Adopted: July 27, 2004 Page 3 9. 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. 10. 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 Plans: 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. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 2001 California Building Code accessibility requirements associated with each.door. The assessment must comply with submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted to the Engineering Department in conjunction with the Site Development Plan when it is submitted for plan checking. The "Site Development" plan is required to be submitted for approval by the Building Official and 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. 11. The City maintains standard plans, detail sheets and/or construction notes for elements of construction on the Public Works Online Engineering Library at http://www.la-quinta.org/publicworks/tractl/z online library/0 _ intropage.htm. Planning Commission Resolution 2004-053 Site Development Permit 2004-808, Home Depot Adopted: July 27, 2004 Page 4 12. 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. GRADING 13. 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. 14. Prior to issuance of building permits, the applicant shall provide building pad certifications stamped and signed by qualified engineers or surveyors. For each pad, the certification shall list the approved elevation, the actual elevation, the difference between the two, if any, and pad compaction. The data shall be organized by lot number and listed cumulatively if submitted at different times. DRAINAGE 15. Stormwater handling shall conform with the approved hydrology and drainage plan for CUP 96-028. Nuisance water shall be disposed of in an approved method. 16. If the applicant proposes discharge of stormwater directly or indirectly to the Coachella Valley Stormwater Channel, the applicant shall indemnify the City from the costs of any sampling and testing of the development's drainage discharge which may be required under the City's NPDES Permit or other City- or area -wide pollution prevention program, and for any other obligations and/or expenses which may arise from such discharge. The indemnification shall be executed and furnished to the City prior to issuance of any grading, Planning Commission Resolution 2004-053 Site Development Permit 2004-808, Home Depot Adopted: July 27, 2004 Page 5 construction or building permit and shall be binding on all heirs, executors, administrators, assigns, and successors in interest intake land within this Site Development Permit excepting therefrom those portions required to be dedicated or deeded for public use. The form of the indemnification shall be acceptable to the City Attorney. If such discharge is approved for this development, the applicant shall make provisions in the CC&Rs for meeting these potential obligations. QUALITY ASSURANCE 17. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 18. 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. 19. 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. 20. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all improvement plans which were signed by the City. Each sheet shall be clearly marked "Record Drawings," "As -Built" or "As -Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. The applicant shall revise the CAD or raster -image files previously submitted to the City to reflect as -constructed conditions. MAINTENANCE 21. 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. Planning Commission Resolution 2004-053 Site Development Permit 2004-808, Home Depot Adopted: July 27, 2004 Page 6 FEES AND DEPOSITS 22. 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. 23. 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). FIRE DEPARTMENT 24. Tenant improvement plans shall be submitted to the Fire Department for plan review to run concurrent with the City plan check. 25. Fire sprinkler changes/additions will need to be submitted to the Fire Department for plan review. 26. The existing fire sprinkler system will need a current certification sticker on the riser and/or fire department connection (FDC), dated within the last five years. 27. 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. 28. Install portable fire extinguishers as required by the California Fire Code. 29. A site inspection prior to occupancy will be required by the Fire department to verify the following: A. That approved super fire hydrants, are spaced every 330 feet and located not less than 25 feet nor more than 165 feet from any portion of the buildings as measured along outside travel ways. B. Blue dot reflectors are placed in the street 8 inches from centerline to the side that the fire hydrant is on, to identify fire hydrant locations. C. That a KNOX key box is installed on the building. Please contact the Fire Department for an application, if needed. '1 Planning Commission Resolution 2004-053 Site Development Permit 2004-808, Home Depot Adopted: July 27, 2004 Page 7 30. Any submissions to the Fire Department are the responsibility of the applicant. All questions regarding the meaning of the Fire Department conditions should be referred to the Fire Department Planning & Engineering staff (c/o Dale Evenson, Fire Safety Specialist) at (760) 863-8886. MISCELLANEOUS 31. All public agency letters received for this case are made part of the case file documents for plan checking processes. 32. The stucco columns on the west facade shall project out from the building surface a minimum width of three inches. 33. Minor amendments to the architectural plans may be approved by the Community Development Director. For review consideration, the applicant shall submit a letter outlining plan changes along with drawings to the Community Development Department before working drawings are prepared. A decision will be made by the Director within ten working days after submittal of the review request. Major changes to the overall design of the development shall require Planning Commission review as a public hearing. 34. This permit shall expire on July 27, 2005, unless a one-year time extension is applied for and granted by the Planning Commission pursuant to Section 9.200.080 of the Zoning Code. A request for a time extension shall be filed with the Community Development Department on, or before, June 13, 2005. 35. In the event that the permittee violates or fails to comply with any of the Conditions of Approval of this permit, no further permits, licenses, approvals, certificates of occupancy shall be issued until such violation has been fully remedied.