PCRES 2007-042PLANNING COMMISSION RESOLUTION 2007-042
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LA QUINTA, CALIFORNIA, APPROVING A
VILLAGE USE PERMIT INCLUDING ARCHITECTURAL AND
LANDSCAPING PLANS FOR THREE RETAIL COMMERCIAL
BUILDINGS LOCATED ON 3.39 ACRES
CASE NO.: VILLAGE USE PERMIT 2006-035
APPLICANT: DAN CLINE, FORWARD ARCHITECTURE
AND DESIGN, INC.
WHEREAS, the Planning Commission of the City of La Quinta, California,
did on the 111h and 25`h days of September and the 91h day of October 2007, hold a
duly noticed Public Hearing to consider the request of Dan Cline for a Village Use
Permit allowing the construction of three retail commercial buildings, on property more
particularly described as:
APN: 770-020-012
WHEREAS, said Village Use Permit has complied with the requirements
of "The Rules to Implement the California Environmental Quality Act of 1970" as
amended (Resolution 83-63) in that the La Quinta Planning Department has prepared
Environmental Assessment 2006-583 for this Village Use Permit in compliance with
the requirements of the California Environmental Quality Act of 1970, as amended.
The La Quinta Planning Department has determined that this project is exempt from
environmental review pursuant to Section 15332 (Class 32) of the California
Environmental Quality Act in that the proposed project is less than five acres and is
consistent with existing General Plan policies and Zoning regulations; and
WHEREAS, the Architecture and Landscaping Review Committee, did on
the 1" day of August, 2007, at a regular meeting, recommend 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 Village Use Permit:
1 . The proposed Village Use Permit is consistent with the La Quinta General Plan
and the Duna La Quinta Specific Plan 94-024, in that it will consist of
commercial retail and restaurant uses, as allowed in the General Plan for the
Village Commercial land use designation, and in the Duna La Quinta Specific
Plan for this location.
Planning Commission Resolution 2007-042
Site Development Permit 2006-035
Dan Cline, Forward Architecture and Design
October 9. 2007
2. The proposed Village Use Permit is consistent with the requirements of the La
Quinta Zoning Code, in that it will provide uses consistent with those permitted
in the Village Commercial district, and meets the standards of this district.
3. The proposed Village Use Permit complies with the requirements of the "Rules
to Implement the California Environmental Quality Act of 1970," as amended
(City Council Resolution 83-63), insofar as it has been determined that the
project is exempt from CEQA review under Section 15332, Infill Development.
4. Approval of the proposed Village Use Permit 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, insofar as
adjacent properties are in the Village Commercial district.
5. The architectural design aspects of the proposed Village Use Permit, including
but not limited to architectural style, scale, building mass, materials, colors,
architectural detailing, roof style and other elements are compatible with
surrounding development, the quality of design illustrated in the Village at La
Quinta Design Guidelines, and with the overall design quality found in the City.
6. The site design of the project including, but not limited to project entries,
interior circulation, landscaping, pedestrian access, pedestrian amenities,
screening of equipment, exterior lighting, layout, and similar site design
elements are compatible with the surrounding developments, and with the
quality of design prevalent in the City.
7. 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;
Planning Commission Resolution 2007-042
Site Development Permit 2006-035
Dan Cline, Forward Architecture and Design
October 9, 2007
2. That it does hereby approve Village Use Permit 2006-035 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 91" day of October 2007, by the
following vote, to wit:
AYES: Commissioners Engle, Quill and Chairman Alderson
NOES: None
ABSENT: Commissioner Barrows
ABSTAIN: None
ED A DERSON, Chairman
City of La Quinta, California
ATTEST:
Plann4hg Director
City of La Quinta, California
PLANNING COMMISSION RESOLUTION 2007-042
CONDITIONS OF APPROVAL - FINAL
VILLAGE USE PERMIT 2006-035
FORWARD ARCHITECTURE/ HIGHLAND DEVELOPMENT
OCTOBER 9, 2007
GFNFRAI
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 Village Use
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. This Village Use Permit shall comply with the requirements and standards of
Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"),
Chapter 13 of the La Quinta Municipal Code ("LQMC") and Conditions of
Approval for Tentative Parcel Map 27109.
The City of La Quinta's Municipal Code can be accessed on the City's Web Site
at www.la-quinta.org.
3. This Village Use Permit is valid for two years, unless an extension is applied for
and granted by the Planning Commission pursuant to Section 9.200.080 of the
La Quinta Municipal Code.
4. Village Use Permit 2006-035 shall comply with all applicable conditions and/or
mitigation measures for the following approvals:
• Duna La Quinta Specific Plan 94-024
• Parcel Map 27109
5. 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, if required:
• Fire Marshal
• Public Works Department (Grading Permit, Green Sheet (Public Works
Clearance) for Building Permits, Improvement Permit)
• Planning Department
PLANNING COMMISSION RESOLUTION 2007-042
CONDITIONS OF APPROVAL - FINAL
VILLAGE USE PERMIT 2006-035
FORWARD ARCHITECTURE/ HIGHLAND DEVELOPMENT
OCTOBER 9, 2007
• 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.
A project -specific NPDES construction permit must be obtained by the applicant;
who then shall submit a copy of the Regional Water Quality Control Board's
("RWQCB") acknowledgment of the applicant's Notice of Intent ("NOI"), prior to
the issuance of a grading or site construction permit by the City.
6. The applicant shall comply with applicable provisions of the City's NPDES
stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater
Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water);
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.
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PLANNING COMMISSION RESOLUTION 2007-042
CONDITIONS OF APPROVAL - FINAL
VILLAGE USE PERMIT 2006-035
FORWARD ARCHITECTURE/ HIGHLAND DEVELOPMENT
OCTOBER 9, 2007
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") (LQMC Section 8.70.020
(Definitions)):
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.
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.
7. 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
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
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PLANNING COMMISSION RESOLUTION 2007-042
CONDITIONS OF APPROVAL - FINAL
VILLAGE USE PERMIT 2006-035
FORWARD ARCHITECTURE/ HIGHLAND DEVELOPMENT
OCTOBER 9. 2007
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.
9. The applicant shall offer for dedication all public street rights -of -way in
conformance with the City's General Plan, Municipal Code, applicable specific
plans, and/or as required by the City Engineer.
10. The public street right-of-way offers for dedication required for this development
include:
A. PUBLIC STREETS
11 Calle Tampico (Primary Arterial, Option B - 100' ROW) — The
standard 50 feet right of way from the centerline of Calle Tampico
for a total 100-foot ultimate developed right of way has been
dedicated by Parcel Map No. 27109.
2) Desert Club Drive (Collector Option B, 64' ROW) — The standard
32 feet from the centerline of Desert Club Drive for a total 64-foot
ultimate developed right of way.
1 1 . Dedications shall include additional widths as necessary for bus turnouts, and
other features contained in the approved construction plans.
12. When the City Engineer determines that access rights to the proposed street
rights -of -way shown on the approved Village Use Permit are necessary prior to
approval of the Precise Grading Plan, the applicant shall grant the necessary
rights -of -way within 60 days of a written request by the City.
13. The applicant shall create perimeter landscaping setbacks along all public rights -
of -way as follows:
A. Calle Tampico (Primary Arterial, Option B) - 20-foot from the R/W-P/L.
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PLANNING COMMISSION RESOLUTION 2007-042
CONDITIONS OF APPROVAL - FINAL
VILLAGE USE PERMIT 2006-035
FORWARD ARCHITECTURE/ HIGHLAND DEVELOPMENT
OCTOBER 9, 2007
B. Desert Club Drive (Collector Option B) — 10-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.
Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks,
the applicant shall offer for dedication blanket easements for those purposes.
14. Direct vehicular access to Calle Tampico and Desert Club Drive from lots with
frontage along Calle Tampico and Desert Club Drive is restricted, except for
those access points identified on the Village Use Permit site plan, or as
otherwise conditioned in these conditions of approval. As access easements had
been previously approved on Parcel Map No. 27109, the applicant is required to
provide necessary exhibits for the abandonment of those easements to the City
of La Quinta.
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 Village Use
Permit, unless such easement is approved by the City Engineer.
17. As Preliminary Precise Grading Plans, Preliminary Hydrology Report or Traffic
Study have not been provided and/or approved for this Village Use Permit, the
applicant agrees to construct additional infrastructure including but not limited
to curb, gutter, sidewalk, pavement and traffic signals as required by the City
Engineer.
18. The applicant shall construct the following street improvements to conform with
the General Plan (street type noted in parentheses.)
A. OFF -SITE STREETS
1) Calle Tampico (Primary Arterial; Option B 100' R/W):
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PLANNING COMMISSION RESOLUTION 2007-042
CONDITIONS OF APPROVAL - FINAL
VILLAGE USE PERMIT 2006-035
FORWARD ARCHITECTURE/ HIGHLAND DEVELOPMENT
OCTOBER 9, 2007
No additional widening is required on the north side of the street along all
frontage adjacent to the Village Use Permit boundary to its ultimate width
on the north side as specified in the General Plan and the requirements of
these conditions.
a) Increase the curb radius at the northeast corner of Calle
Tampico and Desert Club Drive to accommodate larger
delivery vehicles as required and approved by the City
Engineer.
Other required improvements in the Calle Tampico right-of-way and/or
adjacent landscape setback area include:
b) All appurtenant components such as, but not limited to:
curb, gutter, traffic control striping, legends, and signs and
as required and as approved by the City Engineer.
c) Modify the existing traffic signal equipment and
appurtenances at the intersection of Calle Tampico and
Desert Club Drive as required by the City Engineer to
include relocation of the traffic signal equipment and
appurtenances at the north east corner of Calle Tampico
and Desert Club required by the proposed increased radius
requirements mentioned above and if required to include
new traffic signal poles, pull boxes, conduit and conductors
and other appurtenances as approved by the City Engineer.
Said modification may extend to the other corners of Calle
Tampico and Desert Club Drive as approved by the City
Engineer.
d) Striping and signing as required for any of the
aforementioned improvements and as approved by the City
Engineer.
e) Any additional street improvements per the approved Traffic
Report for this Village Use Permit and as approved by the
City of La Quinta and/or the City Engineer .
2) Desert Club Drive (Collector Option "B", 64' R/W):
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PLANNING COMMISSION RESOLUTION 2007-042
CONDITIONS OF APPROVAL - FINAL
VILLAGE USE PERMIT 2006-035
FORWARD ARCHITECTURE/ HIGHLAND DEVELOPMENT
OCTOBER 9. 2007
No additional widening is required on the east side of the street along all
frontage adjacent to the Village Use Permit boundary to its ultimate width
on the east side as specified in the General Plan and the requirements of
these conditions:
Other required improvements in the Desert Club Drive right-of-way and/or
adjacent landscape setback area include:
a) All appurtenant components such as, but not limited to:
curb, gutter, traffic control striping, legends, and signs as
required and approved by the City Engineer.
b) Reconstruct the existing 6-foot wide meandering sidewalk
as approved by the City Engineer.
The applicant shall extend improvements beyond the Village Use Permit
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).
Entry drives, main interior circulation routes, standard knuckles, corner
cutbacks, bus turnouts, and other features shown on the approved construction
plans, may require additional street widths as may be determined by the City
Engineer.
19. 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:
Collector 4.0" a.c /5.0" c.a.b.
Primary Arterial 4.5" a.c./6.0" c.a.b.
or the approved equivalents of alternate materials.
20. 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
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PLANNING COMMISSION RESOLUTION 2007-042
CONDITIONS OF APPROVAL - FINAL
VILLAGE USE PERMIT 2006-035
FORWARD ARCHITECTURE/ HIGHLAND DEVELOPMENT
OCTOBER 9, 2007
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.
21. 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.
22. 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
23. As Preliminary Precise Grading Plans, Preliminary Hydrology Report or Traffic
Study have not been provided and/or approved for this Village Use Permit, the
parking lot or any access points may be required as approved the City Engineer
after said approval of this Village Use Permit.
24. 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.
B. Cross slopes should be a maximum of 2% where ADA accessibility is
required including accessibility routes between buildings.
C. Building access points shall be shown on the Precise Grading Plans to
better evaluate ADA accessibility issues.
D. Accessibility routes to public streets and adjacent development shall be
shown on the Precise Grading Plan.
E. Parking stall lengths shall be according to LQMC Chapter 9.150 and be a
minimum of 17 feet in length with a 2-foot overhang for standard parking
stalls and 18 feet with a 2-foot overhang for handicapped parking stall or
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PLANNING COMMISSION RESOLUTION 2007-042
CONDITIONS OF APPROVAL - FINAL
VILLAGE USE PERMIT 2006-035
FORWARD ARCHITECTURE/ HIGHLAND DEVELOPMENT
OCTOBER 9, 2007
as approved by the City Engineer. One van accessible handicapped
parking stall is required per 8 handicapped parking stalls.
F. Drive aisles between parking stalls shall be a minimum of 26 feet with
access drive aisles to Public Streets a minimum of 30 feet as shown on
the Village Use Permit site plan and Parcel Map No. 27107 or as
approved by the City Engineer.
Entry drives, main interior circulation routes, corner cutbacks, bus turnouts,
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.
25. General access points and turning movements of traffic are limited to the
following:
A. Calle Tampico (existing access adjacent to Parcel 1 of Parcel Map No.
27109)
11 Right turn in and out movements are permitted. Left turn out and
in are restricted. (Existing raised landscape median)•
B. Desert Club Drive
2) Primary South Entry: Full turn movements will be permitted as
approved by the City Engineer.
3) Secondary North Entry: Full turn movements will be permitted as
approved by the City Engineer.
26. 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 & Aisles (Low Traffic)
Parking Lot & Aisles (High Traffic)
Loading Areas
3.0" a.c./4.5" c.a.b.
4.5" a.c./5.5" c.a.b.
6" P.C.C./4" c.a.b.
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PLANNING COMMISSION RESOLUTION 2007-042
CONDITIONS OF APPROVAL - FINAL
VILLAGE USE PERMIT 2006-035
FORWARD ARCHITECTURE/ HIGHLAND DEVELOPMENT
OCTOBER 9, 2007
or the approved equivalents of alternate materials.
27. 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.
28. Improvements shall include appurtenances such as traffic control signs,
markings and other devices, raised medians if required, street name signs and
sidewalks.
29. 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.
30. The property owner of this Village Use Permit shall enter into and record on title
a reciprocal access and parking easement agreement for the purpose of
permitting the parcel owner(s) and their successors and assign reciprocal access
to and across all access drives and parking aisles within Parcel Map 27109, and
granting all parcel owner(s) and their successors and assign the reciprocal right
to use all parking stalls located within Parcel Map 27109. These reciprocal
parking and access easement rights shall not be modified or amended in any
way without prior written consent and approval of the Public Works Director &
Planning Director. The reciprocal access and parking easement agreement shall
be submitted to the City Attorney for review and approval prior to approval of
any building plans for the project.
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.
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PLANNING COMMISSION RESOLUTION 2007-042
CONDITIONS OF APPROVAL - FINAL
VILLAGE USE PERMIT 2006-035
FORWARD ARCHITECTURE/ HIGHLAND DEVELOPMENT
OCTOBER 9, 2007
31. 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 LQMC Section 13.24.040 (Improvement Plans).
32. 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 Commercial Precise Grading/Storm Drain Plan
1 " = 20' Horizontal
B. PM 10 Plan 1 " = 40' Horizontal
C. SWPPP 1" = 40' Horizontal
D. Off -Site Street Improvement/Storm Drain Plan
1 " = 40' Horizontal, 1 " = 4' Vertical
E. Off -Site Signing & Striping Plan
1 "
= 40'
Horizontal
F. Traffic Signal Modification Plan
1 "
= 20'
Horizontal
NOTE: A through F to be submitted concurrently.
The Off -Site street improvement plans shall have separate plan sheet(s)
(drawn at 20 scale) that show the relocated sidewalk, curb ramp
reconstruction and landscape setback area.
The following plans shall be submitted to the Building and Safety Department
for review and approval. The plans shall utilize the minimum scale specified,
unless otherwise authorized by the Building and Safety Director 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
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PLANNING COMMISSION RESOLUTION 2007-042
CONDITIONS OF APPROVAL - FINAL
VILLAGE USE PERMIT 2006-035
FORWARD ARCHITECTURE/ HIGHLAND DEVELOPMENT
OCTOBER 9, 2007
plans not listed here pursuant to improvements required by other agencies and
utility purveyors.
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.
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.
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 Village Use Permit when it
is submitted for plan checking.
On -Site Commercial Precise Grading plans are to be submitted for approval by
the Building Official, Planning Director and the City Engineer.
On -Site Commercial 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.
33. 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). Please navigate to the Public
Works Department home page and look for the appropriate hyperlink under the
Design Guidance Section.
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PLANNING COMMISSION RESOLUTION 2007-042
CONDITIONS OF APPROVAL - FINAL
VILLAGE USE PERMIT 2006-035
FORWARD ARCHITECTURE/ HIGHLAND DEVELOPMENT
OCTOBER 9, 2007
34. The applicant shall furnish a complete set of the mylars of all approved
improvement plans on a storage media acceptable to the City Engineer.
IMPROVEMENT SECURITY AGREEMENTS
35. 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.
COMMERCIAL PRECISE GRADING
36. As Preliminary Precise Grading Plans, Preliminary Hydrology Report and Traffic
Study have not been provided and/or approved for this Village Use Permit, the
applicant may have to construct additional improvements as approved by the
City Engineer.
37. The applicant shall comply with the provisions of LQMC Section 13.24.050
(Grading Improvements).
38. 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.
39. 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 LQMC Chapter
6.16, (Fugitive Dust Control), and
D. A Best Management Practices report prepared in accordance with LQMC
Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit
and Storm Management and Discharge Controls)•
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VILLAGE USE PERMIT 2006-035
FORWARD ARCHITECTURE/ HIGHLAND DEVELOPMENT
OCTOBER 9, 2007
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 Precise Grading Plan 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.
40. 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.
41. The final pad elevations shall not deviate from the attached exhibit elevations by
more than 0.5 feet.
42. Prior to the issuance of a building permit for any building pad, the applicant shall
provide a lot pad certification stamped and signed by a qualified engineer or
surveyor with applicable compaction tests and over excavation documentation.
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.
43. This development shall comply with LQMC Chapter 8.11 (Flood Hazard
Regulations). If any portion of any proposed building lot in the development is
or may be located within a flood hazard area as identified on the City's Flood
Insurance Rate Maps, the development shall be graded to ensure that all floors
and exterior fill (at the foundation) are above the level of the project (100-year)
flood and building pads are compacted to 95% Proctor Density as required in
Title 44 of the Code of Federal Regulations, Section 65.5(a) (6). Prior to
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FORWARD ARCHITECTURE/ HIGHLAND DEVELOPMENT
OCTOBER 9, 2007
issuance of building permits for lots which are so located, the applicant shall
furnish elevation certifications, as required by FEMA, that the above conditions
have been met.
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44. Nuisance water shall be retained on site. Nuisance water shall be disposed of
per approved methods contained in Engineering Bulletin No. 06-16 — Hydrology
Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and
Engineering Bulletin No. 06-015 - Underground Retention Basin Design
Requirements.
45. 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 LQMC Section 9.100.040(B)(7).
46. The project shall be designed to accommodate purging and blowoff water
(through underground piping and/or retention facilities) from any on -site or
adjacent well sites granted or dedicated to the local water utility authority as a
requirement for development of this property.
47. The design of the development shall not cause any increase in flood boundaries,
levels or frequencies in any area outside the development.
48. 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.
49. Storm drainage historically received from adjoining property shall be received
and retained or passed through into the historic downstream drainage relief
route.
50. As Preliminary Precise Grading Plans and Preliminary Hydrology Report have not
been provided and/or approved for this Village Use Permit, the applicant shall
have the option of the following Scenarios for stormwater handling for the site.
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FORWARD ARCHITECTURE/ HIGHLAND DEVELOPMENT
OCTOBER 9, 2007
51. The Planning Director shall review any proposed plan modifications due to
drainage and hydrology to determine if the proposed modification is minor, will
not result in significant changes in the project, and complies with the spirit and
intent of the original approving action. If the director determines the
modification may result in a significant change in the project, the Director shall
refer the change to the Planning Commission.
Scenario No. 1 — On -Site Storm Water Directed Off -Site to New Catch Basins
constructed by the applicant on Desert Club Drive and Calle Tampico
52. The applicant will be allowed to utilize acceptable surface drainage facility
designs to drain stormwater from the site on to Desert Club Drive. The applicant
shall construct catch basins and underground storm drain system to pipe water
to the existing system along Desert Club Drive. In addition, the applicant shall
construct catch basins along Calle Tampico to collect storm water to transport
it to the existing system in Calle Tampico and Desert Club Drive as approved by
the City Engineer.
Scenario No. 2 — On -Site Storm Water Captured On -Site and Directed Off -Site Through
On -Site Underground Storm Drainage System to Existing Off -Site Underground
Drainage System
53. The applicant shall be allowed to direct stormwater from the Village Use Permit
site through the on -site underground drainage network to the existing storm
drain system off site as approved by the City Engineer.
54. Pursuant to all scenarios listed above, the Applicant is hereby notified that
future site modifications may be necessary including, but not limited to building
layouts and parking lot and drive aisle configuration. If, in the event, the
proposed retention capacity or pass through storm water flow is found to be
inadequate during final design, the applicant shall make adjustments to the site
layout as needed to accommodate the increased retention/detention or pass
through capacity required to satisfy safety issues. Pursuant to the afore
mentioned, the applicant may be required to construct additional underground
and aboveground drainage facilities to convey on site and off site stormwater
through the project site.
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PLANNING COMMISSION RESOLUTION 2007-042
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VILLAGE USE PERMIT 2006-035
FORWARD ARCHITECTURE/ HIGHLAND DEVELOPMENT
OCTOBER 9, 2007
HTI1 ITIFS
55. The applicant shall comply with the provisions of LQMC Section 13.24.110
(Utilities).
56. 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.
57. 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.
58. 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. Additionally, grease traps and the maintenance
thereof shall be located as to not conflict with access aisles/entrances.
CONSTRUCTION
59. 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.
60. Any 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.
61. All trellises shall be constructed of a metal material painted to match the
approved color palate.
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FORWARD ARCHITECTURE/ HIGHLAND DEVELOPMENT
OCTOBER 9, 2007
62. All trellises identified on the south face (front) of Shops 2 shall extend a
minimum of six feet from the building and be designed with a lattice pattern
capable of providing shade.
63. Final carport design and color shall be approved by the Planning Director.
64. All trash and grocery cart enclosures shall have a white color and finish
consistent with the buildings.
65. The applicant shall provide a contrasting color to the treatment to the parapet
caps.
LANDSCAPE AND IRRIGATION
66. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping
Setbacks) & 13.24.140 (Landscaping Plans).
67. The applicant shall provide landscaping in the required setbacks, retention
basins, common lots and park areas.
68. Landscape and irrigation plans for landscaped lots and setbacks, medians,
retention basins, and parks shall be signed and stamped by a licensed landscape
architect.
69. Final landscaping and irrigation plans shall be prepared by a licensed landscape
professional, shall be reviewed by the ALRC and Public Works Director, and
approved by the Planning Director prior to issuance of the first building permit.
An application for Final Landscape Plan Check shall be submitted to the Planning
Department for final landscape plan review. Said plans shall include all
landscaping associated with this project, including perimeter landscaping, shall
be certified to comply with the 50% parking lot shading requirement, and be in
compliance with Chapter 8.13 (Water Efficient Landscaping) of the Municipal
Code. The landscape and irrigation plans shall be approved by the Coachella
Valley Water District and Riverside County Agriculture Commissioner prior to
submittal of the final plans to the Planning Department. Landscape areas shall
have permanent irrigation improvements meeting the requirements of the
Planning Director.
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OCTOBER 9, 2007
70. 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, 51' Edition" or latest, in the design and/or installation of
all landscaping and appurtenances abutting and within the private and public
street right-of-way.
71. Mature Bougainvillea landscaping with significant foliage shall be provided along
the entire length of the screening wall adjacent to the loading dock.
72. All climbing landscaping utilized for vertical trellises shall consist of mature
specimens with significant foliage from a minimum 15 gallon size container.
73. Should any landscaping utilized for screening purposes be deemed insufficient
by the Planning Director following an initial period of growth, the applicant shall
replace or provide additional landscaping with significant foliage.
74. All Roses identified on the final landscaping plans shall be planted away from
high -traffic pedestrian areas.
75. Should any future tenants utilize any sidewalks and/or the central plaza for
outdoor seating, the final seating and any modifications to the landscaping shall
be reviewed and approved by the Planning Director.
76. The applicant shall provide bicycle parking and bench seating within or around
the central plaza. Final location and design of said improvements shall be
approved by the Planning Director.
77. final design of the water feature identified in the central plaza shall be approved
by the Planning Director.
78. Blue Palo Verde trees identified within the central plaza shall consist of a
minimum 36 inch box size.
79. The applicant shall provide an additional four landscaped columns along Calle
Tampico along the south face of Shops 1.
OUTDOOR LIGHTING
80. Exterior lighting shall comply with Section 9.100.150 (Outdoor Lighting) of the
La Quinta Municipal Code. An exterior lighting plan with photometric study and
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VILLAGE USE PERMIT 2006-035
FORWARD ARCHITECTURE/ HIGHLAND DEVELOPMENT
OCTOBER 9, 2007
manufacturers cut sheets shall be approved by the Planning Director prior to
issuance of first building permit for project.
81. Freestanding outdoor lighting within the parking lot shall be turned off or
dimmed to a level approved by the Planning Director one hour following store
closing hours.
QUALITY ASSURANCE
82. The applicant shall employ construction quality -assurance measures that meet
with the approval of the City Engineer.
83. 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.
84. 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.
85. 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 approved mylars previously submitted to the City, revised to
reflect the as -built conditions. The applicant shall employ or retain the Engineer
Of Record during the construction phase of the project so that the EOR. can
make site visits in support of preparing As Built drawings. However, if
subsequent approved revisions have been approved by the City Engineer and
reflect said "As -Built" conditions, the Engineer Of Record may submit a letter
attesting to said fact to the City Engineer in lieu of mylar submittal.
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_ PLANNING COMMISSION RESOLUTION 2007-042
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VILLAGE USE PERMIT 2006-035
FORWARD ARCHITECTURE/ HIGHLAND DEVELOPMENT
OCTOBER 9. 2007
MAINTENANCE
86. The applicant shall comply with the provisions of LQMC Section 13.24.160
(Maintenance).
87. 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
88. The applicant shall comply with the provisions of LQMC Section 13.24.180
(Fees and Deposits)• 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.
89. 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).
90. Prior to completion of any approval process for modification of boundaries of
the property or lots subject to these conditions, the applicant shall process a
reapportionment of any bonded assessment(s) against the property and pay the
cost of such reapportionment.
FIRE DEPARTMENT
91. Provide or show there exists a water system capable of delivering a fire flow
1500 gallons per minute for a two hours duration at 20 psi residual operating
pressure, which must be available before any combustible material is placed on
the construction site.
92. Approved accessible on -site fire hydrants shall be located not to exceed 330
feet apart in any direction and within any portion of the facility or of an exterior
wall of the first story of the building is located more than 150 feet from fire
apparatus as measured by an approved route around the complex, exterior of
the facility or building, and no portion of a building further than 165 feet from a
fire hydrant. Fire hydrants shall provide the required fire flow.
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VILLAGE USE PERMIT 2006-035
FORWARD ARCHITECTURE/ HIGHLAND DEVELOPMENT
OCTOBER 9, 2007
93. Prior to building plan approval and construction, applicant/developer shall furnish
two copies of the water system fire hydrant plans to Fire Department for review
and approval. Plans shall be signed by a registered civil engineer, and shall
confirm hydrant type, location, spacing, and minimum fire flow. Once plans are
signed and approved by the local water authority, the originals shall be
presented to the Fire Department for review and approval.
94. Prior to issuance of building permits, the water system for fire protection must
be provided as approved by the Fire Department and the local water authority.
95. Applicant/Developer shall mount blue dot retro-reflectors pavement markers on
private streets, public streets and driveways to indicated location of the fire
hydrant. It should be 8 inches from centerline to the side that the fire hydrant is
on, to identify fire hydrant locations.
96. Fire Apparatus access road shall be in compliance with the Riverside County Fire
Department Standard number 06-05 (located at www.rvcfire.org). Access
lanes will not have an up, or downgrade of more than 15%. Access roads shall
have an unobstructed vertical clearance not less than 13 feet and 6 inches.
Access lanes will be designed to withstand the weight of 80 thousand pounds
over 2 axles. Access will have a turning radius capable of accommodating fire
apparatus. Access lane shall be constructed with a surface so as to provide all
weather driving capabilities.
97. Dead-end fire apparatus access roads in excess of 150 feet in length shall be
provided with approved provision for the turn around capabilities of fire
apparatus
98. Driveway loops, fire apparatus access lanes and entrance curb radius should be
designed to adequately allow access of emergency fire vehicles. The applicant
or developer shall include in the building plans the required fire lanes and include
the appropriate lane printing and/or signs.
99. An approved Fire Department access key lock box (Minimum Knox Box 3200
series model) shall be installed next to the approved Fire Department access
door to the building. If the buildings are protected with an alarm system, the
lock box shall be required to have tampered monitoring. Required order forms
and installation standards may be obtain at the Fire Department.
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VILLAGE USE PERMIT 2006-035
FORWARD ARCHITECTURE/ HIGHLAND DEVELOPMENT
OCTOBER 9, 2007
100. Display street numbers in a prominent location on the address side of building(s)
and/or rear access if applicable. Numbers and letters shall be a minimum of 12"
in height for building(s) up to 25' in height. In complexes with alpha
designations, letter size must match numbers. All addressing must be legible, of
a contrasting color, and adequately illuminated to be visible from street at all
hours.
101. Install a complete commercial fire sprinkler system (per NFPA 13 1999 Edition).
Fire sprinkler system(s) with pipe sizes in excess of 4" in diameter will require
the project Structural Engineer to certify with a "wet signature", that the
structural system is designed to support the seismic and gravity loads to
support the additional weight of the sprinkler system. All fire sprinkler risers
shall be protected from any physical damage. The PIV and FCD shall be located
to the front, within 25 to 50 feet of hydrant, and a minimum of 25 feet from
the building(s). Sprinkler riser room must have indicating exterior and/or interior
door signs. A C-16 licensed contactor must submit plans, along with current
$307.00 deposit based fee, to the Fire Department for review and approval prior
to installation. Guideline handouts are available for the Fire Department.
102. Install an alarm monitoring system for fire sprinkler system(s) with 100 or more
heads (20 or more in Group I, Division 1.1 and 1.2 occupancies). Valve
monitoring, water -flow alarm and trouble signals shall be automatically
transmitted to an approved central station, remote station or proprietary
monitoring station in accordance with 2001 CBC, Sec. 904.3.1 . An approved
audible sprinkler flow alarm shall be provided on the exterior in an approved
location and also in the interior in a normally occupied location. A C-10 licensed
contractor must submit plans designed in accordance with NFPA 72, 1999
Edition, along with the current $192.00 deposit based fee, to the Fire
Department for review and approval prior to installation. Guideline handouts are
available from the Fire Department.
103. Install a portable fire extinguisher, with a minimum rating of 2A-10BC, for every
3,000 sq. ft. and/or 75 feet of travel distance. Fire extinguishers shall be
mounted 3.5 to 5 ft above finished floor, measured to the top of the
extinguisher. Where not readily visible, signs shall be posted above all
extinguishers to indicate their locations. Extinguishers must have current CSFM
service tags affixed.
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VILLAGE USE PERMIT 2006-035
FORWARD ARCHITECTURE/ HIGHLAND DEVELOPMENT
OCTOBER 9, 2007
104. A UL 300 hood/duct fire extinguishing system must be installed over the
cooking equipment. The extinguishing system must automatically shutdown
gas and /or electricity to all cooking appliances upon activation. A C-16
licensed contractor must submit plans, along with the current permit fee, to the
Fire Department for review and approval prior to installation. Alarm system
supervision is only required if the building has an existing fire alarm system.
105. No hazardous materials shall be stored and/or used within the building, which
exceeds quantities listed in UBC Table 3-D and 3-E. No class I, II or IIIA of
combustible/flammable liquid shall be used in any amount in the building.
106. Exit designs, exit signs, door hardware, exit markers, exit doors, and exit path
marking shall be installed per the current California Building Code.
107. Electrical room doors if applicable shall be posted "ELECTRICAL ROOM" on
outside of door.
108. Access shall be provided to all mechanical equipment located on the roof as
required be the Mechanical Code.
109. Air handling systems supplying air in excess of 2000 cubic feet per minute to
enclosed spaces within buildings shall be equipped with an automatic shutoff.
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