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PCRES 2006-035PLANNING COMMISSION RESOLUTION 2006-035 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING DEVELOPMENT PLANS FOR TWO RETAIL COMMERCIAL BUILDINGS, SHOPS 1 & 2, FEATURING UP TO EIGHT MINOR UNITS WITHIN THE WASHINGTON PARK COMMERCIAL CENTER CASE NO.: SITE DEVELOPMENT PERMIT 2006-869 APPLICANT: WASHINGTON 111, LTD WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 26TR day of September 2006, hold a duly noticed Public Hearing to consider the request of WASHINGTON 111, LTD to approve the construction of a portion of a retail shopping center in the Washington Park commercial center located on the east side of Washington Street, south of Highway 111, more particularly described as: Parcel Map #32683 WHEREAS, said Site Development Permit has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-68). The City Council certified Environmental Assessment 2002-459 for Specific Plan 89-01 1 Amendment No. 4, Washington Park Commercial Center. No changed circumstances or conditions exist which would trigger the preparation of a subsequent Environmental Impact Report or environmental review pursuant to Public Resources Code Section 21 166; and, WHEREAS, the Architecture and Landscaping Review Committee, did on the 6`h day of September, 2006, at a regular meeting, recommended approval of the development plans, subject to conditions; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did find the following facts and reasons to justify approval of said Site Development Permit: 1. The commercial units in this proposed phase of the project are consistent with the General Plan in that they are designated for regional commercial uses. 2. The commercial project has been designed to be consistent with the applicable provisions of the City's Zoning Code, or amended as allowed in compliance with Specific Plan 89-01 1 Amendment No.4. P:\Reports - PC\2006\9-26-06\SDP 06-869 Washington Park\sdp 2006-869 pc res.doc Planning Commission Resolution 2006-035 Site Development Permit 2006-869 Shops 1 & 2 Washington 111, LTD Adopted: September 26, 2006 3. The architectural design of the commercial project, including, but not limited to, the architectural style, scale, building mass, materials, colors, architectural details, roof style, and other architectural elements, are compatible with the surrounding development, previously approved and constructed phases, and with the quality of design prevalent in the City. The commercial center is suitably designed and conforms to the established theme of the project. 4. The site design of the project, including but not limited to project entries, interior circulation, pedestrian and bicycle access, pedestrian amenities, screening of equipment, exterior lighting, and other site design elements are compatible with previously approved and constructed phases, surrounding development, and with the quality of design prevalent in the City. 5. Project landscaping, including but not limited to the arrangement, variety, size, color, texture, and coverage of plant materials, with conditions, has been designed so as to provide relief, complement buildings, visually emphasize prominent design elements, screen undesirable views, provide a harmonious transition between adjacent land uses, and provide an overall unifying influence to enhance the visual continuity of the project. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the Planning Commission in this case; 2. That it does hereby approve Site Development Permit 2006-869 for the reasons set forth in this Resolution, subject to the Conditions, attached hereto; PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Planning Commission, held on the 261h day of September, 2006, by the following vote, to wit: AYES: Commissioners Alderson, Barrows, Daniels, Engle, and Chairman Quill NOES: None P:\Reports - PC\2006\9-26-06\SDP 06-869 Washington Park\sdp 2006-869 pc res.doc Planning Commission Resolution 2006-035 Site Development Permit 2006-869 Shops 1 & 2 Washington 111, LTD Adopted: September 26, 2006 ABSENT: None ABSTAIN: None v PAUL`QUILL; Chairman City of La Quinta, California L•faA*to — SM 6 �, � DOUdLWFf.EVANS Community Development Director City of La Quinta, California P:\Reports - PC\2006\9-26-06\SDP 06-869 Washington Park\sdp 2006-869 pc res.doc PLANNING COMMISSION RESOLUTION 2006-035 CONDITIONS OF APPROVAL — FINAL SITE DEVELOPMENT PERMIT 2006-869 WASHINGTON PARK, SHOPS 1 & 2 SEPTEMBER 26, 2006 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Site Development Permit. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain the necessary applicable clearances and/or permits from the following agencies: • Fire Marshal • Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, 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 • South Coast Air Quality Management District 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. PLANNING COMMISSION RESOLUTION 2006-035 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2006-869 WASHINGTON PARK, SHOPS 1 & 2 SEPTEMBER 26, 2006 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, the State Water Resources Control Board's Order No. 99-08-DWQ and conditions of Specific Plan 87-011 and Parcel Map Nos. 30903 and 32683. PROPERTY RIGHTS 4. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. Said conferred rights shall also include grant of access easement to the City of La Quinta for the purpose of graffiti removal by City staff or assigned agent in perpetuity and agreement to the method to remove graffiti and to paint over to best match existing. The applicant shall establish the aforementioned requirements in the CC&R's for the development or other agreements as approved by the City Engineer. 5. 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. 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. 6. 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. 7. 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. P1Reports - PC\2006\9-26-06\SDP 06-869 Washington Park\FINAL COA SDP 2006-869.doc Page 2 of 8 PLANNING COMMISSION RESOLUTION 2006-035 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2006-869 WASHINGTON PARK, SHOPS 1 & 2 SEPTEMBER 26, 2006 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. On -Site Commercial Precise Grading/Storm Drain Plan (as revised for this Site Development Permit) 1 " = 20' Horizontal 2. PM 10 Plan 1 " = 40' Horizontal 3. Storm Drain Plans (as revised for this Site Development Permit) 1 " = 40' 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. "Precise Grading" 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, retaining and perimeter walls, etc. ADA accessibility to public streets, adjacent buildings and existing handicap parking shall be shown on the Precise Grading Plans at a scale to be determined by the Public Works Department. 8. The City maintains standard plans, detail sheets and/or construction notes for elements of construction. For a fee, established by City Resolution, the applicant may purchase such standard plans, detail sheets and/or construction notes from the City. 9. 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\2006\9-26-06\SDP 06-869 Washington Park\FINAL COA SDP 2006-869.doc Page 3 of 8 PLANNING COMMISSION RESOLUTION 2006-035 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2006-869 WASHINGTON PARK, SHOPS 1 & 2 SEPTEMBER 26, 2006 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 10. 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. I�:ixy69�e37n\�7I�[el 11. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC and conditions of Specific Plan 87-011 and Parcel Map Nos. 30903 and 32683. 12. 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. 13. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A precise grading/storm drain plan prepared by a qualified engineer or architect, B. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC, and All grading shall conform to the recommendations contained in the previously approved 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. 14. 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 PAReports - PC\2006\9-26-06\SDP 06-869 Washington Park\FINAL COA SDP 2006-869.doc Page 4 of 8 PLANNING COMMISSION RESOLUTION 2006-035 CONDITIONS OF APPROVAL — FINAL SITE DEVELOPMENT PERMIT 2006-869 WASHINGTON PARK, SHOPS 1 & 2 SEPTEMBER 26, 2006 other erosion control measures, as were approved in the Fugitive Dust Control Plan. 15. 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 Precise Grading Plan submitted with this Site Development Permit, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 16. 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. DRAINAGE 17. Stormwater handling shall conform with the approved hydrology and drainage report for Specific Plan 87-01 1, Amendment No. 4 or Parcel Map Nos. 30903 & 32683, or as conditioned and modified for this Site Development Permit. Nuisance water shall be disposed of in a trickling sand filter and leach field or equivalent system approved by the City Engineer. UTILITIES 18. 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. PARKING LOT AND ACCESS AISLES 19. The design of parking facilities shall conform to LQMC Chapter 9.150, and conditions of the approved SP 87-01 1, Amendment No. 4 and Parcel Map Nos. 30903 & 32683, particularly the following conditions should apply: A. Parking stall striping shall be the City of La Quinta double striped hairpin design. B. All entry doorways shall be ADA accessible and shall be approved in the PAReports - PC\2006\9-26-06\SDP 06-869 Washington Park\FINAL COA SDP 2006-869.doc - Page 5 of 8 PLANNING COMMISSION RESOLUTION 2006-035 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2006-869 WASHINGTON PARK, SHOPS 1 & 2 SEPTEMBER 26, 2006 precise grading plan process. CONSTRUCTION 20. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. 21. Building materials and colors shall remain consistent with the previously approved phases of Washington Park. LANDSCAPING AND SCREENING 22. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 23. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and parking areas. 24. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 25. The applicant shall submit landscape plans for approval to the Community Development Department. The applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner prior to submittal for signature by the Community Development Director and the City Engineer. NOTE: Plans are not approved for construction until signed by both the Community Development Director and the City Engineer. 26. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Community Development Director and the City Engineer. 27. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the AASHTO "A Policy on Geometric Design of Highways and Streets, 5`h Edition or latest, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street PAReports - P02006\9-26-06\SDP 06-869 Washington ParMFINAL COA SDP 2006-869.doc Page 6 of 8 PLANNING COMMISSION RESOLUTION 2006-035 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2006-869 WASHINGTON PARK, SHOPS 1 & 2 SEPTEMBER 26, 2006 right-of-way.. 28. All building mounted mechanical equipment shall be fully screened from view by an architectural feature, wall, or parapet of sufficient height to fully screen such equipment above its horizontal plane. 29. Any ground mounted mechanical equipment, transformers, or utility boxes shall be screened by a wall, landscaping, or combination of the two, of a sufficient height and/or density to fully screen such equipment above its horizontal plane. 30. A tubular -steel "ribbon -type" or other securable, foundation -inset bicycle parking rack shall be provided at the front of the buildings, large enough to accommodate at least three bicycles. Bicycle racks shall be placed in shaded locations, out of the way of pedestrian flows or landscaping, and shall be provided with a mechanism which permits locking a bicycle onto the rack. Final placement shall be approved by the Community Development Department. OUTDOOR LIGHTING 31. Exterior lighting and light housing shall be consistent with the previously approved phases of Washington Park and comply with outdoor lighting requirements and restrictions in Section 9.100.150 of the City Municipal Code. QUALITY ASSURANCE 32. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 33. 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. 34. 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. 35. Upon completion of construction, the applicant shall furnish the City with P:\Reports - PC\2006\9-26-06\SDP 06-869 Washington ParkTINAL COA SDP 2006-869.doc Page 7 of 8 PLANNING COMMISSION RESOLUTION 2006-035 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2006-869 WASHINGTON PARK, SHOPS 1 & 2 SEPTEMBER 26, 2006 reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing," "As -Built" or "As -Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all AutoCAD or raster -image files previously submitted to the City, revised to reflect the as -built conditions. MAINTENANCE 36. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 37. 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 38. 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. 39. 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). PAReports - PC\2006\9-26-06\SDP 06-869 Washington Park\FINAL COA SDP 2006-869.doc Page 8 of 8