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PCRES 2009-023PLANNING COMMISSION RESOLUTION 2009-023 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A ONE- YEAR TIME EXTENSION OF SITE DEVELOPMENT PERMIT 2007-879, A 6,200 SQUARE FOOT COMMERCIAL BUILDING WITHIN THE LA QUINTA VILLAGE SHOPPING CENTER CASE NO.: SITE DEVELOPMENT PERMIT 2007-879, EXT. 1 APPLICANT: THE FOUNDATION GROUP WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 8`h day of September, 2009, hold a duly noticed Public Hearing to consider the request of The Foundation Group to approve a one-year time extension for Site Development Permit 2007-879, for a one-story retail building of 6,200 square feet on Pad Site 'A' in a 9.25-acre shopping center in the Neighborhood Commercial (CN) Zoning District located on the west side of Washington Street, north of Calle Tampico, more particularly described as: Assessor's Parcel Number: 770-020-021-9 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) in that the Planning Director has determined that this request has been previously assessed in conjunction with Environmental Assessment 91-187, prepared for Plot Plan 91-456, for which a Negative Declaration of Environmental Impact was certified by the City Council on April 16, 1991, and no changed circumstances, conditions or new information has been provided that would trigger the preparation of a subsequent environmental assessment pursuant to Public Resources Code Section 21166; and, WHEREAS, the Planning Commission, did on the 24'h day of July, 2007, at a regular meeting, approve 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 a one-year time extension of said Site Development Permit: An extension of time is warranted because the findings as noted below can still be made and apply to this request. 2. No changes have been made to this Site Development Permit from its original approval and no new or changed environmental considerations exist. R\Reports - PC\2009\9-8-09\SDP 2007-879 EXT. 1 IRESOI.doc Planning Commission Resolution 2009-023 Side Development Permit 2007-879, Time Ext. 1 The Foundation Group September 8, 2009 3. The commercial development in this proposed phase of the project is consistent with the General Plan in that they are designated for neighborhood commercial uses. 4. The commercial project has been designed to be consistent with the applicable provisions of the City's Zoning Code. 5. 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. 6. 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. 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; 2. That the project is in compliance with the provisions and conditions of Plot Plan 91-456 and Environmental Assessment 91-187 as designed; 3. That the public hearing notices were mailed to adjacent property owners by the Planning Department and posted in the Desert Sun Newspaper on August 28, 2009 as required by Zoning Ordinance provisions; and P:\Reports - PC\2009\9-8-09\SDP 2007-879 EXT. 1 IRESOI.doc Planning Commission Resolution 2009-023 Side Development Permit 2007-879, Time Ext. 1 The Foundation Group September 8, 2009 4. That it does hereby approve the one-year time extension for Site Development Permit 2007-879 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 8`" day of September, 2009 by the following vote, to wit: AYES: Commissioners Barrows, Quill, Weber, Wilkinson and Chairman Alderson NOES: None ABSENT: None ABSTAIN: None ED A ERSON, Chairman City of La Quinta, California ATTEST: Planntfig Director City of La Quinta, California P:\Reports - PC\2009\9-8-09\SDP 2007-879 EXT. 1 MESOI.doc PLANNING COMMISSION RESOLUTION 2009-023 CONDITIONS OF APPROVAL - ADOPTED Site Development Permit 2007-879, Time Ext. 1 The Foundation Group September 8, 2009 %y0iy .074111 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 Tentative Tract Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Site Development Permit shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-guinta.org. 3. This Site Development Permit 2007-879 shall expire on July 24, 2010, unless a Site Development Permit application is filed for a time extension prior to the expiration date. 4. 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: • Riverside County Fire Marshal • Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Improvement Permit) Planning Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (II,D) • 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 2009-023 CONDITIONS OF APPROVAL . ADOPTED Site Development Permit 2007-879, Time Ext. 1 The Foundation Group September 8, 2009 5. 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; the California Regional Water Quality Control Board — Colorado River Basin Region Board Order No. 137-2008-0001 and the State Water Resources Control Board's Order No. 99-08-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (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. PLANNING COMMISSION RESOLUTION 2009-023 CONDITIONS OF APPROVAL - ADOPTED Site Development Permit 2007-879, Time Ext. 1 The Foundation Group September 8, 2009 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. Additionally, the applicant shall comply with applicable provisions for post construction runoff per 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 California Regional Water Quality Control Board — Colorado River Basin (CRWQCB- CRB) Region Board Order No. 137-2008-001. G. For post -construction urban runoff from New Development and Redevelopments Projects, the applicant shall implement requirements of the NPDES permit for the design, construction and perpetual operation and maintenance of BMPs per the approved Water Quality Management Plan (WQMP) for the project as required by the California Regional Water Quality Control Board — Colorado River Basin (CRWQCB-CRB) Region Board Order No. 137-2008-001. H. The applicant shall implement the WQMP Design Standards per (CRWQCB- CRB) Region Board Order No. R7-2008-001 utilizing BMPs approved by the City Engineer. 6. 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). 7. Approval of this Site Development Permit shall not be construed as approval for any horizontal dimensions implied by any site plans or exhibits unless specifically identified in the following conditions of approval. 8. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual attorney's fees incurred by the City Attorney to review, negotiate and/or modify any documents or instruments required by these conditions, if Developer requests that the City modify or revise any documents or instruments prepared initially by the City to effect these conditions. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. PROPERTY RIGHTS 9. 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 PLANNING COMMISSION RESOLUTION 2009-023 CONDITIONS OF APPROVAL - ADOPTED Site Development Permit 2007-879, Time Ext. 1 The Foundation Group September 8, 2009 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 maintenance agreements for the development or other agreements as approved by the City Engineer. Pursuant to the aforementioned, the applicant shall submit and execute an "AUTHORIZATION TO REMOVE GRAFFITI FROM PRIVATE PROPERTY" form located at the Public Works Department Counter prior to Certificate of Occupancy. 10. Pursuant to the aforementioned condition, conferred rights shall include approvals from the master developer over easements and other property rights necessary for construction and proper functioning of the proposed development not limited to access rights over proposed and/or existing private streets that access public streets and open space/drainage facilities of the master development. 11. The public street right-of-way offers for dedication required for this development include: PUBLIC STREETS 1) Calle Tampico (Primary Arterial - Option B, 100' Right -of -Way) - No additional right-of-way is required along the Site Development Permit boundary on Calle Tampico as per the recorded Parcel Map No. 27984. 12. The required perimeter landscaping setbacks along all public rights -of -way as follows has been dedicated on Parcel Map No. 27984: A. Calle Tampico (Primary Arterial - Option B, 100' Right -of -Way) - 20-foot from the R/W-P/L. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes. 13. Direct vehicular access to Calle Tampico is restricted, except for those access points identified on Parcel Map No. 27984, or as otherwise conditioned in these conditions of approval. PLANNING COMMISSION RESOLUTION 2009-023 CONDITIONS OF APPROVAL - ADOPTED Site Development Permit 2007-879, Time Ext. 1 The Foundation Group September 8, 2009 14. 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. 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 provide reciprocal access easements necessary for the adjoining parcel(s) for access to proposed parking and access drive associated with this Site Development Permit. Additionally, the applicant shall enter into a maintenance agreement with other parcel owners/occupants for the perpetual maintenance of the parking areas and drive aisles within Parcel Map No. 27984. STREET AND TRAFFIC IMPROVEMENTS 17. The applicant shall construct the following street improvements to conform to the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS 1) Calle Tampico (Primary Arterial — Option B, 100' Right -of -Way): No additional widening on the north side of the street along all frontage adjacent to the Site Development Permit boundary to its ultimate width on the north side as specified in the General Plan and per Conditions of Approval for Tentative Parcel Map No. 27984 are required of this Site Development Permit. The applicant shall extend improvements beyond the subdivision boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 18. 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 19. The design of parking facilities shall conform to LQMC Chapter 9.150 and in particular the following: PLANNING COMMISSION RESOLUTION 2009-023 CONDITIONS OF APPROVAL - ADOPTED Site Development Permit 2007-879, Time Ext. 1 The Foundation Group September 8, 2009 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 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 Site Development Plan site plan or as approved by the City Engineer. Entry drives, main interior circulation routes, corner cutbacks, bus turnouts, dedicated turn lanes, ADA accessibility route to public streets and other features shown on the approved construction plans, may require additional street widths and other improvements as may be determined by the City Engineer. 20. General access points and turning movements of traffic to on site private streets are limited to the access locations approved for Parcel Map No. 27984 and these conditions of approval. 21. 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) 1 3.0" a.c./4.5" c.a.b. Parking Lot & Aisles (High Traffic) 4.5" a.c./5.5" c.a.b. Loading Areas 6 r P.C.C./4" c.a.b. or the approved equivalents of alternate materials. PLANNING COMMISSION RESOLUTION 2009-023 CONDITIONS OF APPROVAL - ADOPTED Site Development Permit 2007-879, Time Ext. 1 The Foundation Group September 8, 2009 22. 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. 23. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. 24. 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. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refers to persons currently certified or licensed to practice their respective professions in the State of California. 25. 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). 26. 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 Precise Grading Plan 1 " = 20' Horizontal B. Private Water and Sewer Plans or combined with Precise Plan C. PM10 Plan 1" = 40' Horizontal D. WQMP (Plan submitted in Report Form) PLANNING COMMISSION RESOLUTION 2009-023 CONDITIONS OF APPROVAL - ADOPTED Site Development Permit 2007-879, Time Ext. 1 The Foundation Group September 8, 2009 NOTE: A through D to be submitted concurrently. 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 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. "Precise Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 2007 California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted to the Engineering Department in conjunction with the Site Development Plan when it is submitted for plan checking. In addition to the normal set of improvement plans, a "Site Development" plan is required to be submitted for approval by the Building Official, Planning Director and the City Engineer.The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the "Plans, Notes and Design Guidance" section of the Public Works Department at the City website (www.la-quinta.org). Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. 27. The applicant shall furnish a complete set of the mylars of all approved improvement plans on a storage media acceptable to the City Engineer. 28. Upon completion of construction, and prior to final acceptance of the improvements by the City, the applicant shall furnish the City with reproducible record drawings or equal according to Engineering Bulletin 09-01. GRAnw. 29. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 30. 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. PLANNING COMMISSION RESOLUTION 2009-023 CONDITIONS OF APPROVAL - ADOPTED Site Development Permit 2007-879, Time Ext. 1 The Foundation Group September 8, 2009 31. 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). 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. 32. 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. 33. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (61 of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches (18") behind the curb. 34. Building pad elevations on the precise grading plan submitted for City Engineer's approval shall conform to pad elevations shown on the Tentative Parcel Map No. 27984, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. PLANNING COMMISSION RESOLUTION 2009-023 CONDITIONS OF APPROVAL - ADOPTED Site Development Permit 2007-879, Time Ext. 1 The Foundation Group September 8. 2009 35. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. 36. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 37. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus five tenths of a foot (0.5') from the elevations shown on the approved Tentative Tract Map, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 38. 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 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. i:e YR 39. Stormwater handling shall conform to the approved hydrology and drainage report for Parcel Map No. 27984 and Engineering Bulletins 06-15 and 06-16. This project shall not reduce the city approved volume of the existing retention basin. 40. The applicant shall comply with the provisions of LQMC Section 13.24.120 (Drainage), Retention Basin Design Criteria, 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. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The design storm shall be the 1 hour, 3 hour, 6 hour or 24 hour event producing the greatest total run off. 41. 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. 42. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise and as approved by the City Engineer. PLANNING COMMISSION RESOLUTION 2009-023 CONDITIONS OF APPROVAL - ADOPTED Site Development Permit 2007-879, Time Ext. 1 The Foundation Group September 8, 2009 43. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site drainage improvements including but not limited to the existing retention basin, underground drainage systems (Maxwells, Storm Traps... etc), and BMP's for WQMP. 44. A Covenant and Agreement establishing notification process and responsibility for Water Quality Management Plan implementation and maintenance shall be submitted to the city for review and approval and recorded. 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 design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 47. 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. 48. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. HT11 ITIFR 49. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 50. 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. 51. 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. PLANNING COMMISSION RESOLUTION 2009-023 CONDITIONS OF APPROVAL - ADOPTED Site Development Permit 2007-879, Time Ext. 1 The Foundation Group September 8, 2009 CONSTRUCTION 52. 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. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. LANDSCAPE AND IRRIGATION 53. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). 54. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 55. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed,landscape architect. 56. The applicant shall submit the landscape plans for approval by the Planning Department and green sheet sign off by the Public Works Department. When plan checking has been completed by the Planning Department, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the Planning Director, however landscape plans for landscaped median on public streets shall be approved by the both the Planning Director and the City Engineer. Where City Engineer approval is not required, the applicant shall submit for a green sheet approval by the Public Works Department. Final landscape plans for on -site planting shall be reviewed by the ALRC and approved by the Planning Director prior to issuance of first building permit. Final plans shall include all landscaping associated with this project. NOTE: Plans are not approved for construction until signed by both the Planning Director and/or the City Engineer. 57. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Director. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 24 inches of curbs along public streets. 58. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the AASHTO "A Policy on Geometric Design of PLANNING COMMISSION RESOLUTION 2009-023 CONDITIONS OF APPROVAL - ADOPTED Site Development Permit 2007-879, Time Ext. 1 The Foundation Group September 8, 2009 Highways and Streets, 5" 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. MAINTENANCE 59. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 60. The applicant shall make provisions for the continuous and perpetual maintenance of perimeter landscaping up to the curb, access drives, and sidewalks. FEES AND DEPOSITS 61. 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. 62. 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). 63. 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. SHERIFFS DEPARTMENT 64. Final conditions will be addressed when building plans are reviewed. Prior to issuance of a building permit, applicant shall review building plans with the Sheriff's Department regarding Vehicle Code requirements, defensible space, and other law enforcement and public safety concerns. All questions regarding the Sheriff's Department should be directed to the Deputy at (760) 863-8950. FIRE DEPARTMENT 65. Provide or show there exists a water system capable of delivering a fire flow 1500 gallons per minute for a two hour duration at 20 psi residual operating pressure, which must be available before any combustible material is placed on the construction site. PLANNING COMMISSION RESOLUTION 2009-023 CONDITIONS OF APPROVAL - ADOPTED Site Development Permit 2007-879, Time Ext. 1 The Foundation Group September 8, 2009 66. Approved accessible on site fire hydrants shall be located not to exceed 500 feet apart in any direction. Any portion of the facility or of an exterior wall of the first story of the building shall not be located more than 150 feet from fire apparatus access roads as measured by an approved route around the complex, exterior of the facility or building, and no portion of a building further than 500 feet from a fire hydrant. Fire hydrants shall provide the required flow 67. Prior to building permit approval and construction, applicant/developer shall furnish two copies of the water system fire hydrant plans to the 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. 68. Blue dot retro-reflectors pavement markers on private streets, public streets and driveways to indicated location of the fire hydrants. 06-05 (located at www.rvcfire.org) 69. Display street numbers in a prominent location on the address side of the building and/or rear access. Numbers and letters shall be a maximum of 10" in height. All addressing must be legible and of a contrasting color. 70. A rapid entry Knox Box shall be installed on the outside of the building. If the building is protected with a fire alarm or burglar alarm system, the lock box will require "tamper" monitoring. Special forms are available from the Riverside County Fire Department for ordering the Knox Box. 71. The applicant shall 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. 72. 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 a hydrant, and a minimum of 25 feet from the building. Sprinkler riser room must have indicating exterior and/or interior door signs. A C-16licensed contractor 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 from the Fire Department. 73. The applicant shall 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 PLANNING COMMISSION RESOLUTION 2009-023 CONDITIONS OF APPROVAL - ADOPTED Site Development Permit 2007-879, Time Ext. 1 The Foundation Group September 8, 2009 an approved central station, remote station or propriety 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. 74. The application shall install a portable fire extinguisher, with a minimum rating of 2A- 1013C, for every 3,000 square feet and/or 75 feet of travel distance. Fire extinguishers shall be mounted 3.5 to 5 feet 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. 75. No hazardous materials shall be stored and/or used within the building, which exceed 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. 76. Exit designs, exit signs, door hardware, exit markers, exit doors, and exit path marking shall be installed per the 2001 California Building Code. 77. Electrical room doors if applicable shall be posted "ELECTRICAL ROOM" on outside of the door. 78. Access shall be provided to all mechanical equipment located on the roof as required by the Mechanical Code. 79. Air handling systems supplying air in excess of 2,000 cubic feet per minute to enclosed spaces within buildings shall be equipped with an automatic shutoff. Ref. CMC 609.0. PLANNING DEPARTMENT 80. The applicant shall work with the Planning Department to finalize the green screens location, size and plant type prior to Final Landscaping Plan approval by the ALRC. 81. No signage is permitted with this approval. All building mounted signs for the building shall comply with the existing Sign Program for the La Quinta Village Shopping Center. A separate permit from the Planning Department is required for any temporary or permanent signs. 82. Tubular -steel "ribbon -type" or other securable, foundation -inset bicycle parking racks shall be provided, large enough to accommodate five bicycles. The bicycle rack shall PLANNING COMMISSION RESOLUTION 2009-023 CONDITIONS OF APPROVAL - ADOPTED Site Development Permit 2007-879, Time Ext. 1 The Foundation Group September 8, 2009 be placed along the buildings west elevation, out of the way of pedestrian flows and shopping cart storage and shall be provided with a mechanism which permits locking a bicycle onto the rack. 83. All roof top mechanical equipment shall be fully screened per Section 9.100.050 of the Zoning Ordinance. 84. Building mounted lighting shall comply with the City's Outdoor Lighting Ordinance, per Section 9.100.150 of the Zoning Ordinance. - 85. The applicant shall comply with all Conditions Of Approval of Plot Plan 1991-456