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PC Resolution 2016-015PLANNING COMMISSION RESOLUTION 2016 - 015 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A VILLAGE USE PERMIT FOR AN EXPANSION TO THE CRAB POT RESTAURANT CASE NUMBER: VILLAGE USE PERMIT 2013-048 APPLICANT: ROBERT J. NOVELLO WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 11th day of October, 2016, hold a duly noticed Public Hearing to consider a request by Robert J. Novella for approval of an expansion to the Crab Pot restaurant, generally located at 78121 Avenida La Fonda, more particularly described as: APN: 770122017 WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on September 30, 2016 as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did make the following mandatory findings pursuant to Section 9.65.040 of the Municipal Code to justify approval of said Village Use Permit: 1. Consistency with General Plan The proposed development is consistent with the General Plan land use designation of Village Commercial. The City's General Plan policies relating to Village Commercial encourage commercial development, and the proposed expansion maintains those policies. 2. Consistency with Zoning Code The proposed development, as conditioned, is consistent with the development standards of the City's Zoning Code in terms of building design, site planning, and landscaping. The Village Use Permit has been conditioned to ensure compliance with the zoning standards of the Village Commercial zoning district and other supplemental standards as established in Title 9 of the La Quinta Municipal Code. 3. Compliance with California Environmental Quality Act The Design and Development Department has determined that this project is exempt from environmental review pursuant to Section 15301 of the Planning Commission Resolution 2016-015 Village Use Permit 2013-048 Applicant: Robert J. Novella Adopted: October 11, 2016 Page 2 of 3 California Environmental Quality Act in that the proposed project can be characterized as an existing facility 4. Surrounding Uses The proposed development incorporates a land use that is compatible with adjacent properties. The design regulations specified are compatible with the existing commercial retail and restaurant uses located near the project area and surrounding properties. 5. Architectural Design The architecture and layout of the building expansion is compatible with, and not detrimental to, the existing surrounding commercial land uses, and is consistent with the development standards in the Municipal Code. The expansion is concluded to be appropriate for the proposed location, and supplemental design elements appropriately enhance the architecture of the building. 6. Site Desian The site design of the project, including project entries, interior circulation, pedestrian access and amenities, screening, exterior lighting, and other site design elements are compatible with surrounding development and with the quality of design prevalent in the city. 7. Landscape Design No new landscaping is proposed. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: SECTION 1. That the above recitations are true and constitute the Findings of the Planning Commission in this case. SECTION 2. That it does hereby approve Village Use Permit 2013-048, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta Planning Commission, held on this the 11th day of October, 2016, by the following vote: Planning Commission Resolution 2016-015 Village Use Permit 2013-048 Applicant: Robert J. Novella Adopted: October 11, 2016 Page 3of3 AYES: Commissioners Bettencourt NOES: NONE ABSENT: NONE ABSTAIN: NONE Blum, Fitzpatrick, Quill, Wright and Chairperson PHT1 0 F. BETTENCOURT, Chairman City of La Quinta, California ATTEST: ju"Pa"'4 GABRIE ER Z; Planning Manager City of La Quinta, California PLANNING COMMISSION RESOLUTION 2016 - 015 CONDITIONS OF APPROVAL - ADOPTED VILLAGE USE PERMIT 2013-048 APPLICANT: ROBERT J. NOVELLO OWNER: GRIFFITH INVESTMENTS OCTOBER 11, 2016 Page 1 of 9 GENERAL 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 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-quinta.arg. 3. The Village Use Permit shall expire two years from Planning Commission approval (October 11, 2018) and shall become null and void in accordance with La Quinta Municipal Code Section 9.200.080, unless a building permit has been issued. A time extension may be requested per LQMC Section 9.200.080. 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 • La Quinta Public Works Development Division (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Water Quality Management Plan (WQMP) Exemption Form — Whitewater River Region, Improvement Permit) • Riverside Co. Environmental Health Department • Coachella Valley Water District (CVWD) ■ Imperial Irrigation District (IID) ■ California Regional Water Quality Control Board (CRWQCB) • South Coast Air Quality Management District Coachella Valley (SCAQMD) The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When these requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. 5. Coverage under the State of California Construction General 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") and PLANNING COMMISSION RESOLUTION 2016 - 015 CONDITIONS OF APPROVAL - ADOPTED VILLAGE USE PERMIT 2013-048 APPLICANT: ROBERT J. NOVELLO OWNER: GRIFFITH INVESTMENTS OCTOBER 11, 2016 Page 2 of 9 Waste Discharger Identification (WDID) number to the City prior to the issuance of a grading or building permit. 6. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; the California Regional Water Quality Control Board — Colorado River Basin Region Board Order No. R7-2013-0011 and the State Water Resources Control Board's Order No. 2012-0006-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") to the State Water Resources Control Board. 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 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. C. 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. D. 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. E. The SWPPP and BMPs shall remain in effect for the entire duration of project PLANNING COMMISSION RESOLUTION 2016 - 015 CONDITIONS OF APPROVAL - ADOPTED VILLAGE USE PERMIT 2013-048 APPLICANT: ROBERT J. NOVELLO OWNER: GRIFFITH INVESTMENTS OCTOBER 11, 2016 Page 3 of 9 construction until all improvements are completed and accepted by the City Council. 7. 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 bythese 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. & Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual consultant's fees incurred by the City for engineering and/or surveying consultants to review and/or modify any documents or instruments required by this project. 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. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Avenida La Fonda (Modified Local Street) — No additional right of way dedication is required. 2) Desert Club Drive (Local Street) — No additional right of way dedication is required. 10. Direct vehicular access is restricted, except for those access points identified on the preliminary precise grading plan for the Village Use Permit, or as otherwise conditioned in these conditions of approval. 11. 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. STREET AND TRAFFIC IMPROVEMENTS 12. The applicant shall comply with the provisions of LQMC Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access for Individual Properties and Development) for public streets. PLANNING COMMISSION RESOLUTION 2016 - 015 CONDITIONS OF APPROVAL - ADOPTED VILLAGE USE PERMIT 2013-048 APPLICANT: ROBERT J. NOVELLO OWNER: GRIFFITH INVESTMENTS OCTOBER 11, 2016 Page 4of9 13. Streets shall have vertical curbs or other approved curb configurations that will convey water without ponding, and provide lateral containment of dust and residue during street sweeping operations. PARKING LOTS and ACCESS POINTS 14. 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 shall conform to LQMC Chapter 9.150. 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 evaluate ADA accessibility issues. D. Accessibility routes to public streets and adjacent development shall be shown on the Precise Grading Plan. Parking stall lengths shall be according to LQMC Chapter 9.150 and be a minimum of 18 feet in length with a 2 -foot overhang for all parking stalls or as approved by the City Engineer. One van accessible handicapped parking stall is required per 6 handicapped parking stalls. Drive aisles between parking stalls shall be a minimum of 26 feet with access drive aisles to Public Streets a minimum of 28 feet 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. 15. 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) 3.0" a.c./4.5" c.a.b. or the approved equivalents of alternate materials. 16. The applicant shall submit current mix designs (less than two years old at the time of PLANNING COMMISSION RESOLUTION 2016 - 015 CONDITIONS OF APPROVAL - ADOPTED VILLAGE USE PERMIT 2013-048 APPLICANT: ROBERT J. NOVELLO OWNER: GRIFFITH INVESTMENTS OCTOBER 11, 2016 Page 5 of 9 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. 17. 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 engineers registered in California. 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. 18. 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). 19. The following improvement plans shall be prepared and submitted for review and approval by the Design and Development 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 (Separate Storm Drain Plans if applicable) Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. Precise grading plans shall normally include all on-site surface improvements including but not limited to finish grades for curbs & gutters, sidewalks, building floor elevations, wall elevations, parking lot improvements, ADA requirements, stop signs, limit lines, and legends, no parking signs, raised pavement markers, and street name signs. PLANNING COMMISSION RESOLUTION 2016 - 015 CONDITIONS OF APPROVAL - ADOPTED VILLAGE USE PERMIT 2013-048 APPLICANT: ROBERT J. NOVELLO OWNER: GRIFFITH INVESTMENTS OCTOBER 11, 2016 Page 6 of 9 "Precise Grading" plan is required to be submitted for approval by the Building Official, Planning Manager and the City Engineer. 20. 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 Design and Development Department at the City website (www.la- uinta.or . Please navigate to the Design and Development home page and look for the Standard Drawings hyperlink. 21. The applicant shall furnish a complete set of all approved improvement plans on a storage media acceptable to the City Engineer (currently mylars). 22. 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 of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing" 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 "Record Drawing". However, if subsequent approved revisions have been approved by the City Engineer and reflect said "Record Drawing" conditions, the Engineer of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. GRADING 23. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 24. 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. 25. 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 civil engineer registered in the State of California, B. A preliminary geotechnical ("soils") report prepared by an engineer registered in the State of California, 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 PLANNING COMMISSION RESOLUTION 2016 - 015 CONDITIONS OF APPROVAL - ADOPTED VILLAGE USE PERMIT 2013-048 APPLICANT: ROBERT J. NOVELLO OWNER: GRIFFITH INVESTMENTS OCTOBER 11, 2016 Page 7 of 9 8.70.010 and 13.24.170 (NPDES Stormwater Discharge Permit and Storm Management and Discharge Controls). A grading bond in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the grading bond requirements. All grading shall conform with the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by soils engineer, or engineering geologist registered in the State of California. 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. Additionally, the applicant shall replenish said security if expended by the City of La Quinta to comply with the Plan as required by the City Engineer. 26. 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. 27. Building pad elevation on the grading plan submitted for City Engineer's approval shall conform with pad elevation shown on the preliminary precise grading plan, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval, or as approved by the City Engineer. 28. 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. DRAINAGE 29. 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 10 year storm shall be retained within the development, unless otherwise approved by the City Engineer. 30. Nuisance water shall be retained on site. Nuisance water shall be disposed of per PLANNING COMMISSION RESOLUTION 2016 - 015 CONDITIONS OF APPROVAL - ADOPTED VILLAGE USE PERMIT 2013-048 APPLICANT: ROBERT J. NOVELLO OWNER: GRIFFITH INVESTMENTS OCTOBER 11, 2016 Page 8 of 9 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. 31. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 32. 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. 33. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 34. 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. R7-2013- 0011 and the State Water Resources Control Board's Order No. 2009-0009-DWQ and Order No. 2010-0014-DWQ. UTILITIES 35. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 36. 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, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 37. Utility easements shall be clear of any obstructions including buildings, other permanent structures, and overhead obstructions, unless the utility has given non- interference notice. 38. 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 2016 - 015 CONDITIONS OF APPROVAL - ADOPTED VILLAGE USE PERMIT 2013-048 APPLICANT: ROBERT J. NOVELLO OWNER: GRIFFITH INVESTMENTS OCTOBER 11, 2016 Page 9 of 9 MAINTENANCE 39. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 40. The applicant shall make provisions for the continuous and perpetual maintenance of on-site landscaping, access drives, sidewalks, and stormwater BMPs. FEES AND DEPOSITS 41. 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. 42. Permits issued under this approval shall be subject to the provisions of the Development Impact Fee and Transportation Uniform Mitigation Fee programs in effect at the time of issuance of building permit(s). PLANNING 43. Prior to the issuance of any building permits for the proposed expansion, the applicant shall obtain all necessary Building Division approvals for the conditioning of the previously -permitted patio enclosure.