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PCRES 2005-014A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING AN - - --- ADDENDUM-TO-EMHRONMENTAi-ASSESSMENT-2004- 524 AND APPROVING DEVELOPMENT PLANS TO ALLOW A SINGLE -STORY, ± 136,000 SQUARE FOOT RETAIL STORE AND GAS STATION ON A 13.72 ACRE SITE. CASE NO.: ENVIRONMENTAL ASSESSMENT 2004-524, ADDENDUM SITE DEVELOPMENT PERMIT 2005-824 CONDITIONAL USE PERMIT 2005-090 APPLICANT: NASLAND ENGINEERING WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 22nd day of March, 2005 hold a duly noticed Public Hearing to consider a request by Nasland Engineering for approval of a single -story, ± 136,000 square foot retail store and gas station, generally located at the southwest corner of Highway 1 1 1 and Dune Palms Road, more particularly described as follows: APNs: 649-030-034; 649-670-002, 003 AND 029, WHEREAS, said Site Development Permit and Conditional Use Permit applications have complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-68), in that a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2004-524 was certified by the City Council on December 21, 2004, under Resolution No. 2004-162 for Specific Plan 97-029, Amendment No. 3, which encompassed the development propos in this Site Development Permit and Conditional Use Permit. The development plans proposed in the applications for Site Development Permit and Conditional Use Permits are hereinafter referred collectively as the "Implementing Project." A Notice of Determination was filed on December 22, 2004. There are no changed circumstances, conditions, or new information, which would trigger the preparation of a subsequent environmental analysis pursuant to Public Resources Code Section 21166 in connection with the Implementing Project. WHEREAS, an Addendum to the Mitigated Negative Declaration of environmental impact for Environmental Assessment 2004-524 has been prepared and determined that development and operation of the buildings and structures proposed as part of the Implementing Project do not trigger the need for the preparation of an - additional environmental assessment, pursuant to CEQA Guideline 15162 or Public Resources Code Section 21166, in that the Implementing Project does not involve: PAReports - PC\2005\3-22-05\Sams\PC Reso.doc Planning Commission Resolution 20050-014 Environmental Assessment 2005-524, Addendum Site Development Permit 2005-824 Conditional Use Permit 2005-090 Nasland Engineering - Sam's club —Adopted:—March-22, 2005 — ------ -- - -- -- 1 . Substantial changes to the project analyzed in the EA which would involve new significant effects on the environment or substantially increase the severity of previously identified impacts; 2. Substantial changes with respect to the circumstances under which the project is being undertaken which would involve new significant effects on the environment not analyzed in the EA; or 3. New information of substantial importance which would involve new significant effects on the environment not analyzed in the EA substantially increase the severity of previously identified impacts. WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did make the following findings to justify Certification of said Addendum to Environmental Assessment 2004-524: 1. The Implementing Project will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant unmitigated impacts were identified by Environmental Assessment 2004-524. 2. The Implementing Project will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of rare or endangered plants or animals or eliminate important examples of the major periods of California history or prehistory in that no significant effects on environmental factors have been identified by the Environmental Assessment. 3. There is no evidence before the City that the Implementing Project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends in that no significant effects on environmental factors have been identified by the Environmental Assessment. - 4. The Implementing Project does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as no significant effects on environmental factors have been identified by the Environmental Assessment. P:\Reports - PC\2005\3-22-05\Sams\PC Reso.doc 2 Planning Commission Resolution 20050-014 Environmental Assessment 2005-524, Addendum Site Development Permit 2005-824 Conditional Use Permit 2005-090 Nasland Engineering - Sam's club Adopted: March 22, 2005 5. The Implementing Project will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity, as development patterns in the area will not be significantly affected by the proposed Project. 6. The Implementing Project will not have environmental effects that will adversely affect the human population, either directly or indirectly, as no significant impacts have been identified which would affect human health, risk potential or public services and that the Site Development Permit and Conditional Use Permit comply with all mitigation measures adopted in Environmental Assessment 2004-524. 7. There is no substantial evidence in light of the entire record that the project may have a significant effect on the environment in that mitigation measures are imposed on the project that will reduce impacts to a less than significant level. 8. The Planning Commission has considered Environmental Assessment 2004-524 and said Assessment reflects the independent judgement of the City. 9. The City has, on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 CAL Code Regulations 753.5(d). 10. The location and custodian of the City's records relating to this project is the Community Development Department located at 78-495 Calle Tampico, La Quinta, California, 92253. WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did make the following mandatory findings pursuant to Sections 9.210.010 and 9.210.020 of the Zoning Code to justify approval of said Site Development Permit and Conditional Use Permit, respectively: 1 . Consistency with the General Plan: The Implementing Project as proposed is consistent with the goals and policies of the General Plan in that the design, height, scale and mass of the project is compatible with the Mixed/Regional - Commercial Land Use designation. P:\Reports - PC\2005\3-22-05\Sams\PC Reso.doc 3 Planning Commission Resolution 20050-014 Environmental Assessment 2005-524, Addendum Site Development Permit 2005-824 Conditional Use Permit 2005-090 Nasland Engineering - Sam's club Adopted: March 22, 2005 2. Consistency with the Zoning Code: The Implementing Project is consistent with the development standards of the Regional Commercial Zoning District, including but not limited to, setbacks, architecture, building heights, building mass, exterior lighting, parking, sign program, circulation, open space and landscaping. 3. Compliance with the California Environmental Quality Act (CEQA): The Implementing Project is consistent with the requirements of CEQA, in that a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2004-524 was certified by the City Council on December 21, 2004, under Resolution No. 2004-162 for Specific Plan 97-029, Amendment No. 3, which this Site Development Permit was a part of. A Notice of Determination was filed on December 22, 2004. In addition, an Addendum to the Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2004-524 has been prepared and determined that consideration of an Implementing Project does not call for the preparation of an additional environmental assessment, pursuant to CEQA Guideline 15162 or Public Resources Code Section 21166, in that the Implementing Project does not involve: a. Substantial changes to the project analyzed in the EA which would involve new significant effects on the environment or substantially increase the severity of previously identified impacts; b. Substantial changes with respect to the circumstances under which the project is being undertaken which would involve new significant effects on the environment not analyzed in the EA; or C. New information of substantial importance which would involve new significant effects on the environment not analyzed in the EA substantially increases the severity of previously identified impacts. There are no changed circumstances, conditions, or new information, which would trigger the preparation of a subsequent environmental analysis pursuant to Public Resources Code Section 21166. 4. Architectural Design: The architectural design of the proposed building, including but not limited to, architectural style, scale, building mass, materials, colors, roof design, and other architectural elements, is compatible with surrounding development and with the quality of design prevalent in the City, in that it lacks the bulky mass of a commercial building due to the articulation, P:\Reports - PC\2005\3-22-05\Sams\PC Reso.doc 4 Planning Commission Resolution 2005-014 Environmental Assessment 2005-524, Addendum Site Development Permit 2005-824 Conditional Use Permit 2005-090 Nasland Engineering - Sam's club Adopted: March 22, 2005 exterior finishes, desert tone colors, roof design; the proposed building is adequately set back with architectural variations so as to minimize the appearance of a large structural mass. 5. Site Design: The site design of the Implementing Project, including but not limited to, project entries, interior circulation, pedestrian access, screening of equipment, trash enclosures, exterior lighting, and other site design elements such as scale, mass, appearance, and amount of landscaping are compatible with surrounding development and quality of design prevalent in the City in that the Implementing Project meets the development standards of the City's Zoning Code. 6. Sign Program: The proposed Sign Program adjustments, including additional number and sign area, for the signs can be made in order to allow signs compatible with other conforming signs in the vicinity, to allow signs to be a proper scale with the building, to facilitate good design balance, and to improve the overall appearance of the site. The proposed Sam's Club building is located 1,075 feet from Highway 1 1 1 and has limited sight exposure due to location and design of existing buildings located on the adjacent property. 7. Landscape Design: The landscaping plan for the Implementing Project, including but not limited to, the location, type, size, and coverage of plant materials, has been designed to provide visual relief, complement the building, screen undesirable views and provide an enhanced visual appearance of the project. The proposed landscaping is compatible with the surrounding area in that the variety of trees, shrubs and ground covers provide an aesthetically pleasing and well functioning use of landscaping space. 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 correct and constitute the findings of the Planning Commission for certification of the Addendum to Environmental Assessment 2004-524 and this Site Development Permit and Conditional Use Permit; 2. That it does hereby certify the Addendum to Environmental Assessment 2004- 524 and approve Site Development Permit 2005-824 and Conditional Use Permit 2005-090 for the reasons set forth in this Resolution, subject to the Conditions of Approval attached hereto; P:\Reports - PC\2005\3-22-05\Sams\PC Reso.doc 5 Planning Commission Resolution 2005-014 Environmental Assessment 2005-524, Addendum Site Development Permit 2005-824 Conditional Use Permit 2005-090 Nasland Engineering - Sam's club Adopted: March 22, 2005 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 22nd day of March, 2005, by the following vote, to wit: AYES: Commissioners Alderson, Daniels, Ladner, and Chairman Kirk NOES: None ABSENT: Commissioner Quill ABSTAIN: None ff3K, Chairman La Quinta, California ATTEST: a �K DOUGLAS EVANS Community Development Director City of La Quinta, California P:\Reports - PC\2005\3-22-05\Sams\PC Reso.doc 6 ADDENDUM TO MITIGATED NEGATIVE DECLARATION (CEQA GUIDELINE 15164) FOR SITE DEVELOPMENT PERMIT 2005-824/ CONDITIONAL USE PERMIT 2005-090 FOR THE DEVELOPMENT OF A SINGLE -STORY, ± 136,000 SQUARE FOOT RETAIL STORE AND A GAS STATION ON A 12.45 ACRE SITE AT THE SOUTHWEST CORNER OF HIGHWAY 111 AND DUNE PALMS ROAD PROJECT BACKGROUND The City of La Quinta ("City"), as lead agency under the California Environmental Quality Act, Public Resources Code section 21000, et seq. ("CEQA") has prepared this Addendum pursuant to CEQA Guideline 15164 to address the potential environmental impacts of development of a 12.45 acre portion of Planning Area III of the Centre at La Quinta Specific Plan as authorized by Site Development Permit 2005-824 and Conditional Use Permit 2005-090 ("Site Development Approvals"). The environmental impacts associated with the development of that portion of Planning Area III of the Centre at La Quinta Specific Plan located at the southwest corner of Dune PalmsRoad and Highway 111, were analyzed in the Mitigated Negative Declaration ("MND") adopted in connection with the approval of Amendment #3 to the Centre at La Quinta Specific Plan. On December 21, 2004, the La Quinta City Council adopted a MND based upon Environmental Assessment 2004-524. On December 22, 2004, a Notice of Determination was filed with the Riverside County Clerk evidencing the approval of Amendment #3 to the Center at La Quinta Specific Plan and adoption of the MND. The MND and supporting Environmental Assessment 2004-524 were intended to serve as the environmental assessment for all future development of the 27.75 acres of property located at the southwest corner of Highway 111 and Dune Palms Road, within that portion of Planning Area III of the Centre at La Quinta Specific Plan added by Amendment #3. For purposes of environmental review, the MND assumed development of approximately 164,000 square feet of additional retail development within the extended portion of Planning Area III consisting of an approximately 135,000 square foot retail major, an associated gasoline fueling station and approximately 30,000 square feet of additional retail space. The development ultimately authorized by the Site Development Approvals ("SDP Project") sought by the applicant will consist of the development of a 136,000 square foot single -user retail building, and a gasoline service station on a 12.45 acre site. PURPOSE OF ADDENDUM This Addendum is intended to address whether changes or additions must be made to the previously adopted MND in order for the previous MND to adequately address the development authorized by the Site Development Approvals. Moreover, this Addendum is intended to verify that the development and operation of the buildings and structures proposed under Site Development Permit 2004-824 and Conditional Use Permit 2005-090 would be consistent with the scope of development analyzed in Environmental Assessment 2004-524, and to further verify that there have been no changes in circumstances or disclosure of new information which would trigger the requirement to do a subsequent environmental VJ assessment of the project. The previous MND and supporting Environmental Assessment 2004-524 identified that subsequent site development permit applications would be part of the overall project assessed at that time, namely, disposition and development of the 27.75 acres of property located at the southwest corner of Highway 111 and Dune Palms Road. The SDP Project is consistent with the development assumptions relied upon in conducting the environmental analysis in the MND. There has been no change in the proposed development of the site. The only difference in the SDP Project when compared to the development assumptions reflected in the MND is the elimination of the proposed traffic signal at the intersection of Dune Palms Road and the southerly driveway (#8), and the reconfiguration of the intersection of Dune Palms Road and the north driveway (#7). The Traffic Impact Analysis completed by Urban Crossroads in December, 2004, assumed the existence of a completely signalized intersection that would allow full turning movements at the southerly driveway (#8). Moreover, the Traffic Impact Analysis assumed that the north driveway (#7), the driveway entering the project site immediately south of the gas station on Dune Palms, would only accommodate "right -in, right -out" turning movements. Based on these assumptions, the Traffic Impact Analysis concluded that the traffic impacts on surrounding roadways were less than significant with incorporation of certain design improvements into the project such as a southbound deceleration lane on Dune Palms approaching the signalized southerly driveway (#8) and a northbound left turn pocket at that intersection. Subsequent to adoption of the MND, certain changes to the project have occurred, namely elimination of the traffic signal at the intersection of Dune Palms Road and the southerly driveway (#8) and reconfiguration of the intersection of Dune Palms Road and the northerly driveway (#7). Under the SDP Project as now proposed, the Dune Palms Road/southerly driveway (#8) intersection will be limited to "right in, right out" turning movements. The Dune Palms Road/north driveway (#7) will now accommodate right hand ingress and egress turning movements as well as left hand ingress. Individuals will not be able to exit the site by making a left hand turn onto Dune Palms from the north driveway (#7). In March, 2005, Urban Crossroads conducted a Revised Traffic Impact Analysis, which is included as Appendix A to this Addendum, to determine whether the changes in driveway configurations would result in additional significant traffic impacts. The Revised traffic Impact Analysis concluded that the planned traffic signal at the intersection of southerly driveway (#8) and Dune Palms Road is not warranted and that the changes to the configuration of the intersection of Dune Palms Road and the north driveway (#7) will not result in new or more severe significant impacts to traffic on Dune Palms Drive or the adjacent Highway 1 1 1. The City has compared the impacts of the SDP Project with those impacts analyzed in the MND and finds as follows: 3 Aesthetics — Impacts Hazards an7db ublic Services - Impacts identical to those Materials -dentical to those previously analyzed. identical topreviously analyzed. The The commercial building previously land uses proposed for the concept has not Implementsite have not changed, changed from that SDP Projecand will require the same reviewed in the original change the land uses on level of service as that Environmental the site, which will be evaluated in the Assessment, except regulated for hazardous Environmental that more architectural materials storage and Assessment. detail has been added to transport by the City make the structures and County. more attractive. Agriculture Resources - Hydrology and Water Recreation - Impacts Impacts no greater than Quality — Impacts equivalent to those previously analyzed. equivalent to those previously analyzed. The The site is in the urban previously analyzed. The commercial land uses will core of the City, and is City still requires the have no impact on not in agriculture, nor is implementation of recreational facilities in it within several miles of NPDES standards and the City. lands in agriculture. on -site retention, which will be implemented for the SDP Project. El Air Quality Impacts equivalent to those previously analyzed. No changes have been proposed in the project which would result in a greater number of vehicle trips, which are the primary source of emissions associated with buildout of the project. Biological Resources - impacts equivalent to those previously analyzed. No physical changes are proposed in the project. The impacts to biological resources will not change. Land Use Planning - Impacts equivalent to those previously analyzed. The property is vacant and will not impact an established community. The proposed project is consistent with the uses contemplated and allowed in the General Plan and Zoning Ordinance. It serves to implement the Specific Plan for the Center at La Quinta. Mineral Resources — The site does not contain mineral resources. Transportation/Traffic - Impacts less than those previously analyzed. The original EA proposed a full turn intersection at Dune Palms Road and the south driveway (#8) and "right - in, right -out" movements at the north driveway (#7). Since the preparation of that document, the City has conducted a more refined evaluation of the traffic generated by the project, and determined that the restricting turning movements at the north driveway (#8) to "right -in, right -out" and at the south driveway (#7) "to right -in, right -out, left -in" without signals at either intersection, will provide equivalent or better traffic safety, and that the level of service associated with these turning movement restrictions will remain at better than acceptable levels at project buildout based on the refined traffic study. Utilities and Service Systems Impacts identical to those previously analyzed. No physical change is proposed to the project, and impacts to utilities will be as previously analyzed. 5 ltural Resources - Noise -Impacts no pacts no greater than F greater than those ose previously previously analyzed. The analyzed. The required land uses proposed mitigation associated consist of commercial with the Environmental uses which are not Assessment will be sensitive receptors. implemented with the These land uses will not SDP Project, and will generate significant reduce impacts to less noise levels. than significant levels. Geology and Soils - Population and Housing - impacts identical to Impacts identical to those those previously previously analyzed. The analyzed. The structures proposed commercial land proposed for the project uses will not induce site have not changed, significant population and the mitigation growth. measures originally approved will be implemented with the SDP Project. SUMMARY OF FINDINGS The City finds that non of the conditions described in Section 15162 of the CEQA Guidelines requiring preparation of a subsequent or supplemental MND or EIR have occurred. More specifically, the City has determined that: Finding 1. There are no substantial changes to the SDP Project that would require major revisions of the MND due to new significant environmental effects or a substantial increase in the severity of impacts identified in the previous EIR. Facts in Support of Finding. The project has not changed substantially from the development assumptions contained in the previously adopted MND. The MND assumed development of approximately 164,000 square feet of retail uses upon the 12.45 acre portion of Planning Area III added to the Centre at La Quinta Specific Plan by Amendment #3. The SDP Project in fact proposes to develop an approximately 136,000 square foot Sam's Club membership warehouse and associated fueling station. Accordingly, the SDP Project is consistent with the development assumptions contained in the MND. The driveway configurations for the two driveways servicing the project site from Dune Palms Road have been altered. The intersection of Dune palms Road and the north driveway (#8) will not be signalized and will not have full v turning movements while the intersection of Dune palms Road and the south driveway (#7) will now include a break in the proposed median to allow left turn ingress in addition to the previously analyzed "right in, right out" movements. The changes in intersection configurations do not result in additional or more sever significant impacts. This conclusion is supported by the Revised Traffic Impact Analysis prepared by Urban Crossroads. Finding 2. No substantial changes have occurred in the circumstances under which the SDP Project is being undertaken that will require major revisions of the previously adopted MND to disclose new significant environmental effects or that would result in a substantial increase in the severity of the impacts identified in the MND. Facts Supporting the Finding. The circumstances under which the SDP Project will be undertaken are accurately and adequately described in the previously adopted MND, except for the intersections of Dune Palms Road and project driveways (#7 and #8). The configurations for these intersections have been altered. The intersection of Dune Palms Road and the north driveway (#8) will not be signalized and will not have full turning movements while the intersection of Dune Palms Road and the south driveway (#7) will now include left turn ingress in addition to the previously analyzed "right -in, right -out" movements. The changes in intersection configurations do not result in additional or more sever significant impacts. This conclusion is supported by the Revised Traffic Impact Analysis prepared by Urban Crossroads. Accordingly, there have been no substantial changes in the circumstances under which the SDP Project will be developed resulting in new or more severe significant impacts. Finding 3. There is no additional new information of substantial importance, which was not known at the time of the adoption of the previous MND, indicating that: (1) The project will have one or more significant effects not discussed in the previous MND; (2) There are no impacts that were determined to be significant in the previous MND that would be substantially more severe; (3) There are no additional mitigation measures or alternatives to the project that would substantially reduce one or more identified significant impacts; and (4) There are no additional mitigation measures or alternatives which were rejected by the City that would substantially reduce any identified significant impact identified in the MND. Facts Supporting the Finding. No new information of substantial importance to the conclusions of the previously adopted MND has been identified with the analysis of this Addendum. As reflected in the Revised Traffic Impact Analysis, the vehicle trip generation, daily traffic and peak hour traffic impacts of the project are less than significant even with the revised driveway configurations and elimination of the traffic signal at the intersection 7 of Dune Palms Road and the north driveway (#8). Moreover, the previously adopted MND concluded that all potentially significant impacts may be reduced to less than significant levels with the implementation of identified mitigation measures. The mitigation measures identified in the MND will be adopted and implemented for the SDP Project. Finally, no additional significant impacts are identified pursuant this Addendum. Signature March 1, 2005 Date PLANNING COMMISSION RESOLUTION 2005-014 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2005-824 CONDITIONAL USE PERMIT 2005-090 SAM'S CLUB AND FUELING STATION ADOPTED: MARCH 22, 2005 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, or any Final Map recorded thereunder. 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 any necessary clearances and/or permits from the following agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency • SCAQMD Coachella Valley 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 improvements plans for City approval. A project -specific NPDES construction permit must be obtained by the applicant; and who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NO]"), prior to the issuance of a grading or site construction permit by the City. PLANNING COMMISSION RESOLUTION 2005- 014 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2005-824 CONDITIONAL USE PERMIT 2005-090 SAM'S CLUB AND FUELING STATION ADOPTED: MARCH 22, 2005 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. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP")• The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC): 1) Temporary Soil Stabilization (erosion control)• 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. P:\Reports - PC\2005\3-22-05\Sams\PC COA - SDP 2005-824.doc 2 PLANNING COMMISSION RESOLUTION 2005- 014 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2005-824 CONDITIONAL USE PERMIT 2005-090 SAM'S CLUB AND FUELING STATION ADOPTED: MARCH 22, 2005 E. 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. F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. 5. 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). PROPERTY RIGHTS 6. 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. 7. The applicant shall offer for dedication of 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. 8. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Dune Palms Road (Primary Arterial, Option A, 1 10' ROW) — The standard 55 from the centerline of Dune Palms Road for a total 110- foot ultimate developed right of way except for: A) An additional right of way dedication for a deceleration lane at the Gas Station driveway of sixty three (63') feet from the centerline and length to be determined by a traffic study prepared for the applicant by a licensed traffic engineer per P:\Reports - PC\2005\3-22-05\Sams\PC COA - SDP 2005-824.doc 3 PLANNING COMMISSION RESOLUTION 2005- 014 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2005-824 CONDITIONAL USE PERMIT 2005-090 SAM'S CLUB AND FUELING STATION ADOPTED: MARCH 22, 2005 Engineering Bulletin # 03-08 however at a minimum 100 feet long plus a variable dedication of an additional 50 feet to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS, and B) An additional right of way dedication for a deceleration lane at the Primary Entry intersection of sixty three (63') feet from the centerline and extending to the Gas Station driveway to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS. 9. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. Pursuant to this requirement, the Applicant shall include in the submittal packet submitted for off -site street improvement plan checking, an offsite street geometric layout, drawn at 1 " equals 40 feet, detailing the following design aspects: median curb line, outside curb line, lane line alignment including lane widths, left turn lanes, deceleration lane(s) and bus stop turnout(s). The geometric layout shall be accompanied with sufficient professional engineering studies to confirm the appropriate length of all proposed turn pockets and auxiliary lanes that may impact the right of way dedication required of the project and the associated landscape setback requirement. 10. When the City Engineer determines that access rights to the proposed street right-of- ways shown on the approved Site Development Permit are necessary, the applicant shall grant the necessary right-of-ways within 60 days of a written request by the City. 11. The applicant shall create perimeter landscaping setbacks along all public right-of- ways as follows: A. Dune Palms Road (Primary Arterial) - 20-foot from the R/W-P/L. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. P:\Reports - PC\2005\3-22-05\Sams\PC COA - SDP 2005-824.doc 4 PLANNING COMMISSION RESOLUTION 2005- 014 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2005-824 CONDITIONAL USE PERMIT 2005-090 SAM'S CLUB AND FUELING STATION ADOPTED: MARCH 22, 2005 Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 12. Direct vehicular access to Dune Palms Road from parcels with frontage along Dune Palms Road is restricted, except for those access points identified on the Site Development Permit site plan, or as otherwise conditioned in these conditions of approval. 13. The applicant shall re -design the alignment of driveway #8 (located approximately 1 130 feet south of Highway 1 1 1) so its centerline projects across the street to a location that is 35 feet south of the joint property line separating parcels 3 and 4 of Parcel Map 28422. 14. Ancillary vehicular access to Highway 111 shall be through the signalized intersection at La Quinta Drive and existing access driveways for Parcel Map No. 30420. Reciprocal access easements to the adjacent properties shall be acquired by the developer and submitted to the Community Development Department. 15. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 16. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Site Development Permit and the date of recording of any Final Map, unless such easement is approved by the City Engineer. 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. 17. 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. P:\Reports - PC\2005\3-22-05\Sams\PC COA - SDP 2005-824.doc 5 PLANNING COMMISSION RESOLUTION 2005- 014 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2005-824 CONDITIONAL USE PERMIT 2005-090 SAM'S CLUB AND FUELING STATION ADOPTED: MARCH 22, 2005 18. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. 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. On -Site Rough Grading Plan 1 " = 40' Horizontal B. PM10 Plan 1" = 40' Horizontal C. SWPPP 1" = 40' Horizontal NOTE: A through C to be submitted concurrently. D. Off -Site Street Improvement/Storm Drain Plan 1" = 40' Horizontal, 1" = 4' Vertical E. Off -Site Signing & Striping Plan 1 " = 40' Horizontal The Off -Site street improvement plans shall have separate plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, mounding, and berming design in the combined parkway and landscape setback area. F. Traffic Signal Modification Plan 1" = 20' Horizontal G. Off -Site Median Landscaping Plans 1 " = 40' Horizontal NOTE: D through F to be submitted concurrently. Caltrans approval required for all work within Highway 111 right of way. H. Precise Grading Non -Residential 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. R\Reports - PC\2005\3-22-05\Sams\PC COA - SDP 2005-824.doc 6 PLANNING COMMISSION RESOLUTION 2005- 014 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2005-824 CONDITIONAL USE PERMIT 2005-090 SAM'S CLUB AND FUELING STATION ADOPTED: MARCH 22, 2005 All Off -Site Plan & Profile Street Plans and Signing & Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. All On -Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. 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. "Precise Grading Non -Residential" 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. 19. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the Online Engineering Library at the City website (www.la-quinta.org). Navigate to the Public Works Department home page and look for the Online Engineering Library hyperlink. 20. 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. P:\Reports - PC\2005\3-22-05\Sams\PC COA - SDP 2005-824.doc 7 PLANNING COMMISSION RESOLUTION 2005- 014 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2005-824 CONDITIONAL USE PERMIT 2005-090 SAM'S CLUB AND FUELING STATION ADOPTED: MARCH 22, 2005 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 SECURITY AGREEMENTS 21. Upon approval of this Site Development Permit, the applicant shall initiate the parcel map process to establish the parcels. The following conditions will be applicable to finalizing the final parcel map. 22. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. When improvements are phased through a "Phasing Plan," or an administrative approval (e.g., Site Development Permits), all off -site improvements and common on - site improvements (e.g., backbone utilities, retention basins, perimeter walls, landscaping and gates) shall be constructed, or secured through a SIA, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer. Improvements and obligations required of each subsequent phase shall either be completed, or secured through a SIA, prior to the occupancy of permanent buildings within such latter phase, or as otherwise approved by the City Engineer. In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 23. Depending on the timing of the development of the Site Development Permit improvements, and the status of the off -site improvements at the time, the applicant may be required to: A. Construct off -site street transition improvements; B. Secure the costs for future improvements that are to be made by others; and P:\Reports - PC\2005\3-22-05\Sams\PC COA - SDP 2005-824.doc 8 PLANNING COMMISSION RESOLUTION 2005- 014 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2005-824 CONDITIONAL USE PERMIT 2005-090 SAM'S CLUB AND FUELING STATION ADOPTED: MARCH 22, 2005 C. To agree to any combination of these means, as the City may require. Off -Site Improvements should be completed on a first priority basis. The applicant shall complete Off -Site Improvements in the first phase of construction. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 24. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on -site and off -site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule adopted by City resolution, or ordinance. For items not listed in the City's unit cost schedule, the proposed unit costs shall be approved by the City Engineer. At the time the applicant submits its detailed construction cost estimates for conditional approval of the Final Map by the City Council, the applicant shall also submit one copy each of an 8-1 /2" x 11 " reduction of each page of the Final Map, along with a copy of an 8-1/2" x 11" Vicinity Map. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. 25. Security will not be required for telephone, natural gas, or Cable T.V. improvements. 26. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. P:\Reports - PC\2005\3-22-05\Sams\PC COA - SDP 2005-824.doc 9 PLANNING COMMISSION RESOLUTION 2005- 014 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2005-824 CONDITIONAL USE PERMIT 2005-090 SAM'S CLUB AND FUELING STATION ADOPTED: MARCH 22, 2005 GRADING 27. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 28. 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. c 29. 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, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC, and D. A Best Management Practices report prepared in accordance with Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), LQMC. 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. A statement shall appear on the Grading Plan(s) that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. 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. 30. 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. P:\Reports - PC\2005\3-22-05\Sams\PC COA - SDP 2005-824.doc 10 PLANNING COMMISSION RESOLUTION 2005- 014 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2005-824 CONDITIONAL USE PERMIT 2005-090 SAM'S CLUB AND FUELING STATION ADOPTED: MARCH 22, 2005 31. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6') of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1 . All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1 .5") in the first eighteen inches (18") behind the curb. 32. The applicant shall abandoned any existing wells within the Site Development Permit boundaries as approved by CVWD and the City Engineer. 33. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the site development permit site plan, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 34. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus three tenths of a foot from the elevations shown on the approved Site Development Permit, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 35. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. DRAINAGE 36. Stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The tributary drainage area shall extend to the centerline of adjacent public streets. The design storm shall be either the 3 hour, 6 hour or 24 hour event producing the greatest total run off. P:\fieports - PC\2005\3-22-05\Sams\PC COA - SDP 2005-824.doc 11 PLANNING COMMISSION RESOLUTION 2005- 014 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2005-824 CONDITIONAL USE PERMIT 2005-090 SAM'S CLUB AND FUELING STATION ADOPTED: MARCH 22, 2005 The applicant shall design to contain all stormwater in reinforced concrete underground retention storage within the parking area or other alternative design as approved by the City Engineer. Additionally, the applicant's design professional shall design the underground retention storage and the Gas Station per Riverside Flood Control and Water Conservation District guidelines and incorporate necessary BMPs in each design to ensure that gasoline leakage and spillages do not become entrapped in the underground retention storage. 37. If above ground retention is proposed, the applicant shall design for the retention basins to comply with the provisions of Section 13.24.120 (Drainage), LQMC, Engineering Bulletin No. 97.03. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. Additionally, the 100 year stormwater shall be retained within the interior street right of way. The tributary drainage area shall extend to the centerline of adjacent public streets and include any resulting uncaptured tributary stormwater flows. The design storm shall be either the 3 hour, 6 hour or 24 hour event producing the greatest total run off. In design of retention basins, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise. Nuisance water shall be retained on site and shall be disposed of in a trickling sand filter and leach field or equivalent system approved by the City Engineer. The sand filter and leach field shall be designed to contain surges of up to 3 gph/1,000 sq. ft. of landscape area, and infiltrate 5 gpd/1,000 sq. ft. The sand filter and leach field shall be designed to contain nuisance water surges from landscape area, residential unit, and off -site street nuisance water. Flow from adjacent well sites shall be designed for retention area percolation by separate infiltration system approved by the City Engineer. The sand filter design shall be per La Quinta Standard 370 with the equivalent of 137.2 gph of water feed per sand filter to accept the abovementioned nuisance water requirements. Leach line requirements are 1.108 feet of leach line per gph of flow. 38. Stormwater may not be retained in landscaped parkways or landscaped setback lots Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. 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. P:\Reports - PC\2005\3-22-05\Sams\PC COA - SDP 2005-824.doc 12 PLANNING COMMISSION RESOLUTION 2005- 014 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2005-824 CONDITIONAL USE PERMIT 2005-090 SAM'S CLUB AND FUELING STATION ADOPTED: MARCH 22, 2005 39. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 40. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic drainage relief route. 41. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. UTILITIES 42. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 43. 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. 44. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 45. 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. STREET AND TRAFFIC IMPROVEMENTS 46. The applicant shall comply with the provisions of Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties And Development), LQMC for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. P:\Reports - PC\2005\3-22-05\Sams\PC COA - SDP 2005-824.doc 13 PLANNING COMMISSION RESOLUTION 2005- 014 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2005-824 CONDITIONAL USE PERMIT 2005-090 SAM'S CLUB AND FUELING STATION ADOPTED: MARCH 22, 2005 47. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS 11 Dune Palms Road (Primary Arterial; 110' R/W option): Widen the west side of the street along all frontage adjacent to the Site Development Permit boundary to its ultimate width on the west side as specified in the General Plan and the requirements of these conditions. Rehabilitate and/or reconstruct existing roadway pavement as necessary to augment and convert it from a rural county -road design standard to La Quinta's urban arterial design standard. The west curb face shall be located forty three feet (43') west of the centerline, except at locations where additional street width is needed to accommodate: a) A deceleration/right turn only lane on Dune Palm Road at the Primary Entry. The west curb face shall be located fifty one feet (51') west of the centerline and extending to the Gas Station Driveway. b) A deceleration/right turn only lane on Dune Palm Road at the Gas Station Driveway. The west curb face shall be located fifty one feet (51') west of the centerline and length to be determined by a traffic study prepared for the applicant by a licensed traffic engineer per Engineering Bulletin # 03-08. As a minimum, the required length shall be 100 feet plus a variable dedication of an additional 50 feet. Other required improvements in the Dune Palms Road right or way and/or adjacent landscape setback area include: c) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. d) 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that either touches P:\Reports - PC\2005\3-22-05\Sams\PC COA - SDP 2005-824.doc 14 PLANNING COMMISSION RESOLUTION 2005- 014 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2005-824 CONDITIONAL USE PERMIT 2005-090 SAM'S CLUB AND FUELING STATION ADOPTED: MARCH 22, 2005 the back of curb or approaches within five feet of the curb at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed 250 feet. e) An 18 - foot wide raised landscaped median along the entire boundary of the Specific Plan plus variable width as needed to accommodate a dual left turn for the north bound Dune Palms Road traffic turning left to westbound Highway 1 1 1. The length shall be 250 feet with a 100-foot (50 to 1) taper. Additional median openings are required for the following Left turn movements into the Proposed Gas Station Entry (approximately 670 feet south of Highway 1 1 1) at least 320 feet long with a 90-foot transition. The applicant shall design the median opening for positive restriction of prohibited movements. Left turn movements into Parcel Map 28422 on the east side of Dune Palms Road (approximately 617 feet south of Highway 1 1 1) with a minimum length of at least 100 feet plus a 50-foot transition. The length shall be as per Engineering Bulletin # 03- 08. The applicant shall design the median opening for positive restriction of prohibited movements. Full turn movements into the Desert Sands Unified School District Bus Facility on the east side of Dune Palms Road (approximately 1386 feet south of Highway 1 1 1) at least 200 feet long with a 90-foot reverse curve transition. f) Modification of the existing traffic signal at the Highway 111 and Dune Palms Road intersection as required by the abovementioned improvements and as approved by Caltrans. g) Establish a benchmark in the Dune Palms Road right of way and file a record of the benchmark with the County of Riverside. P:\Reports - PC\2005\3-22-05\Sams\PC COA - SDP 2005-824.doc 15 PLANNING COMMISSION RESOLUTION 2005- 014 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2005-824 CONDITIONAL USE PERMIT 2005-090 SAM'S CLUB AND FUELING STATION ADOPTED: MARCH 22, 2005 B. TRAFFIC SIGNAL AT THE PRIMARY ENTRY ON DUNE PALMS ROAD 11 The applicant shall bond (the bond shall be in full force and effect for no more than five years) for installation of the traffic signal at the primary entry on Dune Palms Road when warrants are met. Applicant shall post security for 50 % of the cost to design and install the traffic signal prior to issuance of an on -site grading permit; the security shall remain in full force and effect until the signal is actually installed by the applicant or as required by the City Engineer. The applicant shall extend improvements beyond the subdivision boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks)• The applicant shall enter into a reimbursement agreement for their fair share of street improvements required on Highway 111 and Dune Palms Road conditioned of any parcels created by the future Parcel Map. The applicant is responsible for construction of all improvements mentioned above. The development is eligible for reimbursement from the City's Development Impact Fee fund for some of the required improvements on Dune Palms Road in accordance with policies established for that program. Entry drives, main interior circulation routes, corner cutbacks, bus turnouts, dedicated turn lanes and other features shown on the approved construction plans, may require additional street widths as may be determined by the City Engineer. 48. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Parking Lot (Low Traffic Areas) 3.0" a.c./4.5" c.a.b. Parking Lot (High Traffic Areas) 4.5" a.c /5.5" c.a.b. Primary Arterial 4.5" a.c./6.0" c.a.b. or the approved equivalents of alternate materials. P:\Reports - PC\2005\3-22-05\Sams\PC COA - SDP 2005-824.doc 16 PLANNING COMMISSION RESOLUTION 2005- 014 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2005-824 CONDITIONAL USE PERMIT 2005-090 SAM'S CLUB AND FUELING STATION ADOPTED: MARCH 22, 2005 49. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 50. General access points and turning movements of traffic are limited to the following: A. Primary Entry on Dune Palms Road (approximately 1130 feet south of Highway 1 1 1): Right turn in and right turn out movements are permitted. Left turn in and left turn out movements are prohibited. The applicant shall re- design the alignment of driveway #8 so its centerline projects across the street to a location that is 35 feet south of the joint property line separating parcels 3 and 4 of Parcel Map 28422. B. Gas Station Entry on Dune Palms Road (approximately 670 feet south of Highway 1 1 1): Right turn in, right turn out and left turn in movements are permitted. Left turn out movement is prohibited. The applicant shall design the median opening for positive restriction of prohibited movements. 51. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. Mid - block street lighting is not required. 52. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. PARKING LOTS and ACCESS POINTS 53. The design of parking facilities shall conform to LQMC Chapter 9.150 and in particular the following: A. The parking stall and aisle widths and the double hairpin stripe parking stall design. P:\Reports - PC\2005\3-22-05\Sams\PC COA - SDP 2005-824.doc 17 PLANNING COMMISSION RESOLUTION 2005- 014 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2005-824 CONDITIONAL USE PERMIT 2005-090 SAM'S CLUB AND FUELING STATION ADOPTED: MARCH 22, 2005 B. ADA accessibility routes between opposite Handicap Stalls shall be a minimum of 4 feet. C. Cross slopes should be a maximum of 2% where ADA accessibility is required including accessibility routes between buildings. D. Building access points shall be shown on the Precise Grading Plans to better evaluate ADA accessibility issues. 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. 54. A raised median shall be constructed at the Gas Station Driveway off of Dune Palms Road to pass the first parking aisle. CONSTRUCTION 55. The City will conduct final inspections of habitable buildings only when the buildings have access to publicly -maintained streets. The improvements shall include required traffic control devices, pavement markings and signage. LANDSCAPING 56. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 57. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and parking areas. 58. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 59. The applicant shall submit the landscape plans for approval by the Community Development Department (CDD), prior to plan checking by the Public Works Department. When plan checking has been completed by CDD, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the City Engineer. P:\Reports - PC\2005\3-22-05\Sams\PC COA - SDP 2005-824.doc 18 PLANNING COMMISSION RESOLUTION 2005- 014 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2005-824 CONDITIONAL USE PERMIT 2005-090 SAM'S CLUB AND FUELING STATION ADOPTED: MARCH 22, 2005 NOTE: Plans are not approved for construction until signed by the City Engineer. 60. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 18 inches of curbs along public streets. QUALITY ASSURANCE 61. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 62. The applicant shall employ, or retain, qualified engineers, surveyors, and such 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. 63. 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. 64. 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. P:\Reports - PC\2005\3-22-05\Sams\PC COA - SDP 2005-824.doc 19 PLANNING COMMISSION RESOLUTION 2005- 014 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2005-824 CONDITIONAL USE PERMIT 2005-090 SAM'S CLUB AND FUELING STATION ADOPTED: MARCH 22, 2005 MAINTENANCE 65. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 66. 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 67. 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. 68. 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). COMMUNITY DEVELOPMENT DEPARTMENT 69. Applicant is prohibited from placing temporary storage containers on site. 70. Applicant shall increase the size of the landscape planters on the north elevation (front of the building) and on the sides of the building. 71. Applicant shall install trees along the south property line. The trees shall be equal to or greater than the specification for the Centre at La Quinta (a two inch caliper (measured three feet from grade level after planting) and a 36 inch box or better.) 72. All mechanical equipment shall be screened from public view; trash and recycling containers and equipment shall be screened from public view with a block wall. Final design shall approved by the Community Development Director. 73. Applicant shall reduce to 35 feet in height all lighting fixtures; the design of the pole and fixture shall be consistent with existing fixtures at the Centre at La Quinta parking lot. P:\Reports - PC\2005\3-22-05\Sams\PC COA - SDP 2005-824.doe 20 PLANNING COMMISSION RESOLUTION 2005- 014 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2005-824 CONDITIONAL USE PERMIT 2005-090 SAM'S CLUB AND FUELING STATION ADOPTED: MARCH 22, 2005 74. The developer shall be responsible for the construction of a bus shelter on the south side of Highway 1 1 1, west of Dune Palms Road, and shall be constructed in accordance with the City's Highway 111 Design Guidelines standard plans. The funding for the construction shall be as follows: a. $15,000 from the developer of the Centre at La Quinta (per prior condition of approval. b. The City shall require the developer of the property on the southwest corner of Highway 111 and Dune Palms Road to pay the remaining 21.6% of the costs of construction. C. Developer of this Site Development Permit shall be responsible for 78.4 % of the total remaining cost of construction. The timing of the construction shall be as follows: To the extent practical, the construction is to be concurrent with the City's current project for the improvements to Highway 111 between Adams Street and Jefferson Street. To this end, the developer shall complete the construction within four months of the issuance of written Notice to Construct by the City, which notice shall not be issued earlier than January 1, 2006. If the City's Notice to Construct is issued prior to the issuance of the building permit for the commercial building, then the completion date shall be four months from the issuance of the permit. Following the issuance of this permit, the developer shall diligently work to obtain all necessary approvals for the construction, so that upon issuance of the Notice to Construct, the Developer will be in a position to proceed. FIRE MARSHALL 75. Final conditions will be addressed when building plans are reviewed. A plan check fee must be paid to the Fire Department at the time building plans are submitted. All questions regarding Fire Marshall conditions should be directed to the Fire Department Planning & Engineering staff at (760) 863-8886. SHERIFF DEPARTMENT 76. Final conditions will be addressed when building plans are reviewed. Prior to issuance of a building permit, applicant shall review building plans with the Sheriff's Department regarding Vehicle Code requirements, defensible space, and other law P:\Reports - PC\2005\3-22-05\Sams\PC COA - SDP 2005-824.doc 21 PLANNING COMMISSION RESOLUTION 2005- 014 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2005-824 CONDITIONAL USE PERMIT 2005-090 SAM'S CLUB AND FUELING STATION ADOPTED: MARCH 22, 2005 enforcement and public safety concerns. All questions regarding the Sheriff's Department should be directed to the Senior Deputy at (760) 863-8950. 77. The applicant shall redesign the Parking lot/parking field by eliminating 30 parking stalls and adding more landscaping by increasing the number and size of landscape planters. R\Reports - PC\2005\3-22-05\Sams\PC COA - SDP 2005-824.doc 22