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PCRES 2005-033PLANNING COMMISSION RESOLUTION 2005-033 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING VILLAGE USE PERMIT 2005-027, FOR DEVELOPMENT OF A ± 10,709 SQUARE FOOT COMMERCIAL RETAIL/OFFICE BUILDING, INCLUSIVE OF A PARKING MANAGEMENT AGREEMENT VILLAGE USE PERMIT 2005-027 CALLE ESTADO, LLC WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 26`h day of July, 2005, consider Village Use Permit 2005-027 for a ± 10,709 square -foot commercial retail/office building, inclusive of a Parking Management Agreement, located at the southwest corner of Calle Estado and Desert Club Drive, more particularly described as: LOTS 10, 11 & 12, BLOCK 9 OF DESERT CLUB TRACT UNIT #1 WHEREAS, said Village Use Permit application has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63), in that the Community Development Department has determined that the proposed Village Use Permit is exempt from CEQA review under Guidelines Section 15332 (Infill Development); and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, the Planning Commission did make the following mandatory findings to justify approval of said Village Use Permit: 1. The proposed Village Use Permit 2005-027 is consistent with the La Quinta General Plan, as it will not be developed in any manner inconsistent with the General Plan land use designation of Village Commercial and other current City standards when considering the conditions to be imposed. 2. The proposed Village Use Permit 2005-027 is consistent with the requirements and /or intent of the La Quinta Zoning Code, as the project contemplates land uses that are substantially equivalent to those permitted under existing zoning of permitted uses, and which were previously addressed in the EIR certified for the General Plan. Specifically, development of existing Village Commercial land is considered to implement zoning consistency with the General Plan. Parking as provided, and secured through peresov u p027fi na 1. rtf Planning Commission Resolution 2005-033 Village Use Permit 2005-027 July 26, 2005 the associated Parking Management Agreement for this project, is consistent with parking reduction allowances authorized in Section 9.150.050.D of the Municipal Zoning Code. 3. The proposed Village Use Permit 2005-027 complies with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (City Council Resolution 83-63), as it has been determined that said Village Use Permit is exempt from CEQA review under Guidelines Section 15332 (Infill Development), and that a Notice of Exemption will be filed. 4. Approval of the proposed Village Use Permit 2005-027 will not create conditions materially detrimental to the public health, safety and general welfare, nor injurious to or incompatible with, other properties or land uses in the vicinity. All immediately surrounding property is zoned for Village Commercial Development, and existing properties to the north, west and south are developed as commercial retail/office, commercial retail and residential, respectively. Development of office and retail uses proximate to residential uses in the area will not significantly impact quality of life for area residents. 5. The architectural design aspects of the proposed Village Use Permit 2005- 027, including but not limited to, architectural style, scale, building mass, materials, colors, architectural detailing, roof style and other elements, are compatible with surrounding development and quality of design illustrated in the Village at La Quinta Design Guidelines, and with the overall design quality prevalent in the City, with the recommended conditions of approval. 6. The site design aspects of the proposed Village Use Permit 2005-027, including but not limited to, project entries, parking provisions, interior circulation, pedestrian access and amenities, screening and other elements, are compatible with surrounding development and quality of design illustrated in the Village at La Quinta Design Guidelines, and with the overall design quality prevalent in the City. 7. The project landscaping for the proposed Village Use Permit 2005-027, including but not limited to, location, size, type and coverage of plant materials, has been reviewed to insure it is designed to provide visual relief, complement the building, unify and enhance visual continuity of the site with surrounding development, and is consistent with the concepts in the Village at La Quinta Design Guidelines. PAReports - PC\2005\7-26-05\VUP 027\peresovup027fina1.nf Planning Commission Resolution 2005-033 Village Use Permit 2005-027 July 26, 2005 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the Planning Commission in this case; 2. That it does hereby approve Village Use Permit 2005-027 for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta Planning Commission, held on this the 261h day of July, 2005, by the following vote, to wit: AYES: Commissioners Alderson, Ladner, and Quill NOES: None ABSENT: Commissioner Daniels and Chairman Kirk ABSTAIN: None KIRK, Chairman City of La Quinta, California ATTEST: aY.s, DOUGLAXR.EVANS Community Development Director City of La Quinta, California P:\Reports - PC\2005\7-26-05\VUP 027\peresovup027fina1.rtf PLANNING COMMISSION RESOLUTION 2005-033 EXHIBIT "A" CONDITIONS OF APPROVAL - FINAL VILLAGE USE PERMIT 2005-027 CALLE ESTADO, LLC JULY 26, 2005 REVISED BY PLANNING COMMISSION - ADDED COA 43.F AND 46 GENERAL CONDITIONS OF APPROVAL 1. Village Use Permit 2005-027 (VUP 2005-027) shall be developed in compliance with these conditions and all approved site plan, elevation, color, materials and other approved exhibits submitted for this application, and any subsequent amendment(s). In the event of any conflicts, these conditions shall take precedence. In the event the Development Agreement referenced in Condition #f44 is not entered into, this Village Use Permit approval is null and void. 2. This approval shall expire two years after its effective date, as determined pursuant to Section 9.200.060.0 of the Zoning Code, unless extended pursuant to the provisions of Section 9.200.080. 3. The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this development application or any application thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the developer of any claim, action or proceeding and shall cooperate fully in the defense. 4. Prior to the issuance of any permit by the City, the applicant shall obtain the necessary permits and/or clearances from the following agencies: • Riverside County Fire Marshal • La Quinta Building and Safety Department • La Quinta Public Works Department (Grading/ Improvement/Encroachment Permits) • La Quinta Community Development Department • Riverside County Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Southern California Gas Company • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) PAReports - PC\2005\7-26-05\VUP 027\coapcvup027fina1.rtf Planning Commission Resolution 2005-033 Conditions of Approval - FINAL Village Use Permit 2003-027 July 26, 2005 Waste Management of the Desert The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. 5. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls) and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08-DWQ. 6. Handicap access and facilities shall be provided in accordance with Federal (ADA), State and local requirements. Handicap accessible parking shall generally conform to the approved exhibits for VUP 2005-027. 7. All parking area civil plans and improvements shall be developed in accordance with the standards set forth in applicable portions of Section 9.150.080 of the Zoning Code, and these conditions, which shall take precedence in the event of any conflicts with said Section. PROPERTY RIGHTS 8. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 9. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, and common areas shown on the Village Use Permit. 10. Direct vehicular access from any portion of the site with frontage along Desert Club Drive and Calle Estado is restricted, except for those access points identified on the approved site plan, or as otherwise conditioned in these conditions of approval. PAReports - PC\2005\7-26-05\VUP 027\coapcvup027fina1.rtf Planning Commission Resolution 2005-033 Conditions of Approval - FINAL Village Use Permit 2003-027 July 26, 2005 11. The applicant shall furnish proof of easements or written permission, as appropriate, from owners of any abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments are to occur. 12. The applicant shall cause no easements to be granted, or recorded, over any portion of the subject property, between the date of approval of this Village Use Permit and the date of final acceptance of the on -site and off -site improvements for this Village Use Permit, unless such easements are approved by the City Engineer. IMPROVEMENT PLANS As used throughout these conditions of approval, professional titles such as "engineer", "surveyor", and "architect" refer to persons currently certified or licensed to practice their respective professions in the State of California. 13. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of Section 13.24.040 (Improvement Plans), LQMC. 14. The following improvement plans shall be prepared and submitted for review and approval by the City. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note: the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Rough Grading Plans 1 " = 30' Horizontal B. PM1O Plan 1" = 40' Horizontal C. SWPPP 1" = 40' Horizontal NOTE: A through C to be submitted concurrently. D. On -Site Precise Grading Plans (Commercial Development) 1 " = 30' Horizontal P:\Reports - PC\2005\7-26-05\VUP 027\coapcvup027fina1.rtf Planning Commission Resolution 2005-033 Conditions of Approval - FINAL Village Use Permit 2003-027 July 26, 2005 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. On -Site Precise Grading Plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, sidewalks, building floor elevations, parking lot improvements and ADA requirements for the parking lot and access to the building; and showing the existing street improvements out to at least the center lines of adjacent existing streets -including ADA accessibility route to surrounding buildings, parking facilities and public streets. 15. The City maintains standard plans, details and/or construction notes for elements of construction on the Public Works Online Engineering Library at http://www.la-guinta.org/publicworks/tractl/z onlinelibrary/0 intropage.htm 16. The applicant shall furnish a complete set of the AutoCAD files of all approved improvement plans on a storage media acceptable to the City Engineer. The files shall be saved in a standard AutoCAD format so they may be fully retrievable through a basic AutoCAD program. At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the AutoCAD files in order to reflect the as -built conditions. Where the improvement plans were not produced in a standard AutoCAD format, or a file format that can be converted to an AutoCAD format, the City Engineer will accept raster -image files of the plans GRADING 17. 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. 18. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A precise grading plan prepared by a qualified engineer or architect, P:\Reports - PC\2005\7-26-05\VUP 027\coapcvup027fina1.rtf Planning Commission Resolution 2005-033 Conditions of Approval - FINAL Village Use Permit 2003-027 July 26, 2005 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. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 19. The applicant shall maintain all open graded, undeveloped land to prevent wind and water erosion of soils. All such land shall be planted with interim landscaping or provided with other erosion control measures as approved by the Public Works Departments under the Fugitive Dust Control Plan. 20. Prior to issuance of the main building permit, the applicant shall provide a lot pad certification, stamped and signed by qualified engineers or surveyor. DRAINAGE 21. Nuisance water shall be retained onsite and disposed of in a manner acceptable to the City Engineer. UTILITIES 22. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within the right of way and all above -ground utility structures including, but not limited to, traffic signal cabinets, electrical vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 23. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing, improved streets, the applicant shall comply with trench restoration requirements maintained or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval of the City Engineer. PAReports - PC\2005\7-26-05\VUP 027\coapcvup027fina1.nf Planning Commission Resolution 2005-033 Conditions of Approval - FINAL Village Use Permit 2003-027 July 26, 2005 STREET AND TRAFFIC IMPROVEMENTS 24. 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. 25. No additional street improvements are required, except for: A. Desert Club Drive 1) Reconstruct the curb ramp at the Desert Club Drive/Alley "D" intersection as required by the City Engineer. B. Alley "D" 1) Reconstruct the north edge of Alley "D" along the Village Use Permit site's south boundary as required by the City Engineer to facilitate proposed curb construction. PARKING LOTS AND ACCESS POINTS 26. The applicant shall conform to LQMC Chapter 9.150, particularly drive isle width, parking stall dimensions, and parking stall marking design requirements. Parking space markings shall be double four inch wide hairpin stripes as specified in LQMC Chapter 9.150. 27. The applicant shall design street pavement sections using Caltrans' design procedure (20-year life) and site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows (or approved equivalents for alternate materials): Parking Areas Concrete as proposed by the applicant. Alley "D" 3.0" a.c./4.0" c.a.b. 28. 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 PAReports - PC\2005\7-26-05\VUP 027\coapcvup027fina1.rtf Planning Commission Resolution 2005-033 Conditions of Approval - FINAL Village Use Permit 2003-027 July 26, 2005 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. 29. General access points and turning movements of traffic are limited to the proposed access driveway on Calle Desert Club Drive. All turn movements are permitted. A colored concrete shall be used for the access drive ramp, with a paver system used to define the continuation of the existing pedestrian sidewalk along Desert Club Drive. The entry driveway throat shall be permitted to be constructed as designed, at 11 feet in depth rather than the required 20 feet, as permitted under Section 9.65.030.A.3.a., in order to retain the parking space count of 25 on -site spaces. 30. A five-foot wide landscape planter strip shall be provided at the two west property line parking stalls, with a minimum 4-foot high wall along the property line in front of these two stalls. This shall be shown on the civil and landscape plans as submitted for plan check. LANDSCAPING 31. On -site landscape, landscape lighting and irrigation plans shall be submitted for approval by the Community Development Department. Plans shall be in substantial conformance with the conceptual landscaping as approved for the project by Planning Commission. When plan checking is complete, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner prior to submitting for final acceptance by the Community Development Department. QUALITY ASSURANCE 32. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 33. The applicant shall employ or retain qualified engineers, surveyors, or other appropriate professionals as are required to provide the expertise with which to prepare and sign accurate record drawings, and to provide adequate construction supervision. 34. The applicant shall arrange for, and bear the cost of, all measurement, sampling and testing procedures not included in the City's inspection program but required by the City as evidence that construction materials and P:\Reports - PC\2005\7-26-05\VUP 027\coapcvup027fina1.rtf Planning Commission Resolution 2005-033 Conditions of Approval - FINAL Village Use Permit 2003-027 July 26, 2005 methods employed comply with plans, specifications and other applicable regulations. 35. Upon completion of construction, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing," "As -Built" or "As -Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all AutoCAD or raster -image files previously submitted to the City revised to reflect the as -built conditions. FEES AND DEPOSITS 36. The applicant shall pay the City's established fees for plan checking and construction inspection. Fee amounts shall be those in effect when the applicant makes application for plan checking and permits. 37. Provisions shall be made to comply with the terms and requirements of the City's adopted Art in Public Places program in effect at the time of issuance of building permits. 38. Permit(s) issued under this approval shall be subject to the provisions of the Development Impact Fee program in effect at the time said permit(s) are issued. FIRE PROTECTION 39. Specific fire protection requirements will be determined when final building plans are submitted for review. Final conditions will be addressed when building plans are submitted. A plan check fee must be paid to the Fire Department at the time building plans are submitted. MISCELLANEOUS 40. The applicant shall submit a detailed project area lighting plan. All pole - mounted light standards shall conform to lighting standards as in effect when plans are reviewed. Under canopy lighting for building areas shall incorporate flush lens caps or similar recessed ceiling lighting. The lighting plan shall be submitted for review at the time construction plan check for the permanent building permit is made to Building and Safety. P:\Reports - PC\2005\7-26-05\VUP 027\coapcvup027fina1.rtf Planning Commission Resolution 2005-033 Conditions of Approval - FINAL Village Use Permit 2003-027 July 26, 2005 41. A comprehensive sign program shall be submitted for review and approval by the Planning Commission prior to establishment of any individual tenant signs for the project. Provisions of the sign program shall be in compliance with applicable sections of Chapter 9.160 of the Zoning Code. No signs shall be permitted to be placed on any portion of the roof projections along Calle Estado and/or Desert Club Drive. 42. All roof -mounted mechanical equipment must be internal to the roof design, or screened as an integral part of the roof structure, in a manner so as not to be visible from surrounding properties and streets. Working drawings showing all such equipment and locations shall be submitted to the Building and Safety Department along with the construction plan submittal for building permits. The method and design must be approved by the Community Development Department, prior to any issuance of the main structural building permit. 43. The building plans submitted for plan check shall incorporate the following revisions: A. Appropriately sized planting pots, and/or other similar containers, shall be placed at appropriate intervals at street level, to make up for the lack of planter areas around the building. Automatic irrigation shall be provided to all such containers. B. Add architectural detailing to the west building elevation, to relieve the blank wall appearance. Detailing shall employ use of elements such as extended use of the painted faux -tile treatment, some architectural recesses, and the potential for integration of a wall mural as part of the elevation. C. Roof tile shall incorporate a random mudded clay appearance. D. Second -story planter areas and/or containers shall incorporate a down drain system to avoid discoloration damage to the building finish. E. Exposed rafter tail areas on the first and second floor ceiling lines may be reduced in depth if deemed necessary due to encroachment into the existing rights -of -way for Calle Estado and Desert Club Drive. Design changes necessitated by such reduction shall be reviewed and approved by the Community Development Department. F. The central breezeway, connecting the north building elevation and P:\Reports - PC\2005\7-26-05\VUP 027\coapcvup027fina1.rtf Planning Commission Resolution 2005-033 Conditions of Approval - FINAL Village Use Permit 2003-027 July 26, 2005 area, shall be widened from 6 feet to a minimum of 44. It is understood by the Applicant that Calle Estado, LLC, has entered into a Letter of Agreement with the City, dated 7/19/05, relating to preparation and possible approval of a Development Agreement for the purpose of clarifying the applicant's parking obligations associated with development of Village Use Permit 2005-027.This Village Use Permit shall not be effective unless and until the Development Agreement has been approved by the City Council and recorded; the applicant further understands that the City Council may choose to reject entering the Development Agreement or modify its contents. While this approval will not be effective until such time as a Development Agreement may become effective, the time limits associated with approval of VUP 2005-027 shall be in effect with respect to expiration, as stated under Condition #2. 45. The permitted office and retail uses shall be limited to those of a general intensity, consistent with the parking ratios of 1 space per 250 s.f. of office and 1 space per 200 s.f. of retail to general office and limit the retail spaces to preclude restaurant and food service uses. This precludes use of office space as a medical use, and retail space for restaurant use and retail food with ancillary seating, unless shared parking or tenant space reductions are determined to maintain the approved parking ratios for this building, or the Development Agreement is amended to allow payment of per -space fees to increase use intensity for the project. 46. Applicant shall process a parcel merger, in order to incorporate Lots 10, 11, and 12 into one parcel. The merger shall have been recorded prior to issuance of a permit for the main building. P:\Reports - PC\2005\7-26-05\VUP 027\coapcvup027fina1.nf