PC Resolution 2013-017PLANNING COMMISSION RESOLUTION 2013-017
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF LA QUINTA, CALIFORNIA, APPROVING
VILLAGE USE PERMIT 2012-045, INCLUDING SITE,
ARCHITECTURAL, AND LANDSCAPING PLANS FOR THE
EXPANSION OF THE VILLAGE MARKET
CASE NO.: VILLAGE USE PERMIT 2012-045
APPLICANT: TOWER ENERGY GROUP
WHEREAS, the Planning Commission of the City of La Quinta, California did,
on the 241" day of September, 2013, hold a duly noticed Public Hearing to consider
a request by Tower Energy Group for approval of site, architectural, and
landscaping plans for the expansion of the Village Market, generally located on the
southwest corner of Avenida Bermudas and Avenida Montezuma, more particularly
described as:
APN: 773-104-035, 773-104-036
WHEREAS, the Community Development Department published a public
hearing notice in The Desert Sun newspaper on September 13, 2013, 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, the
Planning Commission did make the following mandatory findings to justify approval
of said Village Use Permit:
1 . Consistency with the General Plan
The land use is consistent with the General Plan land use designation of
Village Commercial. The City's General Plan policies relating to Village
Commercial encourage a full range of commercial retail and service uses
within the commercial core of the City, and the proposed use maintains
those policies.
2. Consistency with the Zoning Code
The proposed development, as conditioned, is consistent with the
development standards of the City's Zoning Code in terms of architectural
style, building height, building mass, and landscaping.
3. Compliance with the California Environmental Qualitv Act (CEQA
Planning Commission Resolution 2013-017
Village Use Permit 2012-045
Tower Energy Group (Village Market)
Page 2
Processing of this Village Use Permit for the proposed use is in compliance
with the provisions of the California Environmental Quality Act. The
Community Development 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 can be
characterized as in -fill development.
4. Architectural Design
The architecture and layout of the building is compatible with, and not
detrimental to, the existing surrounding commercial land uses, and is
consistent with the development standards in the Municipal Code and Village
Design Guidelines. The building is concluded to be appropriate for the
proposed building location, and supplemental design elements appropriately
enhance the architecture of the building.
5. Site Design
The site design aspects of the proposed building, as conditioned, will be
compatible with, and not detrimental to, surrounding development, and with
the overall design quality prevalent in the City, in terms of interior circulation,
pedestrian access. The building is properly sized with regards to height and
floor area, and is situated at an engineer -approved location with regards to
vehicular and pedestrian access.
6. Landscape Design
The proposed project is consistent with the landscaping standards and plant
palette and implements the standards for landscaping and aesthetics
established in the General Plan and Zoning Code. The project landscaping
for the proposed building, as conditioned, shall unify and enhance visual
continuity of the proposed building with the surrounding development.
Landscape improvements are designed and sized to provide visual appeal.
The permanent overall site landscaping utilizes various tree and shrub species
to enhance the building architecture.
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 2012-045, for the
Planning Commission Resolution 2013-017
Village Use Permit 2012-045
Tower Energy Group (Village Market)
Page 3
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 241" day of September, 2013, by the
following vote:
AYES: Commissioners Weber, Wilkinson, Wright, and Chairperson Barrows
NOES: None
ABSENT: None
ABSTAIN: None
d"
KAT E BAR' S, Chairperson
City of La Quinta, California
A
DES JO'HNSON, Community Development Director
City of La Quinta, California
PLANNING COMMISSION RESOLUTION 2013-017
CONDITIONS OF APPROVAL - FINAL
VILLAGE USE PERMIT 2012-045
TOWER ENERGY GROUP (VILLAGE MARKET)
SEPTEMBER 24, 2013
GENERAL
1 . The applicant agrees to defend, indemnify and hold harmless the City of La Quinta
("City"), its agents, officers and employees from any claim, action or proceeding to
attack, set aside, void, or annul the approval of this 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.org.
3. The Village Use Permit shall expire two years from the date of Planning Commission
approval (September 24, 2015), and shall become null and void in accordance with
La Quinta Municipal Code Section 9.210.020, 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 Department (Grading Permit, Green Sheet (Public
Works Clearance) for Building Permits, Water Quality Management Plan
(WQMP) Exemption Form — Whitewater River Region, Improvement Permit)
• La Quinta Community Development Department
• Riverside Co. Environmental Health Department
• Desert Sands Unified School District (DSUSD)
• Coachella Valley Water District (CVWD)
• Imperial Irrigation District (IID)
• California Regional Water Quality Control Board (CRWQCB)
• State Water Resources Control Board
• SunLine Transit Agency (SunLine)
• 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.
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PLANNING COMMISSION RESOLUTION 2013-017
CONDITIONS OF APPROVAL - FINAL
VILLAGE USE PERMIT 2012-045
TOWER ENERGY GROUP (VILLAGE MARKET)
SEPTEMBER 24, 2013
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
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, 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. 137-2013-001 1 and the State
Water Resources Control Board's Order No. 2009-0009-DWQ and Order No. 2010-
0014-DWQ.
7. 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).
8. Approval of this Village Use 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.
9. 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.
10. 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
1 1 . Prior to issuance of any permit(s), the applicant shall acquire or confer easements
and other property rights necessary for the construction or proper functioning of the
proposed development. Conferred rights shall include irrevocable offers to dedicate
or grant access easements to the City for emergency services and for maintenance,
construction and reconstruction of essential improvements. Said conferred rights
shall also include grant of access easement to the City of La Quinta for the purpose
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PLANNING COMMISSION RESOLUTION 2013-017
CONDITIONS OF APPROVAL - FINAL
VILLAGE USE PERMIT 2012-045
TOWER ENERGY GROUP (VILLAGE MARKET)
SEPTEMBER 24, 2013
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. 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.
12. 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.
13. 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.
14. The public street right-of-way offers for dedication required for this development
include:
A. PUBLIC STREETS
1) Avenida Montezuma (Modified Local Street) — No additional right of
way dedication is required.
2) Avenida Bermudas (Local Street) — No additional right of way dedication
is required.
3) Avenida Navarro (Local Street) — No additional right of way dedication
is required.
15. Dedications shall include additional widths as necessary for dedicated right and left
turn lanes, bus turnouts, and other features contained in the approved construction
plans.
16. 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 the
certificate of occupancy, the applicant shall grant the necessary rights -of -way within
60 days of a written request by the City.
17. The applicant shall offer for dedication those easements necessary for the placement
of, and access to, utility lines and structures, drainage basins, mailbox clusters, park
lands, and common areas shown on the Village Use Permit.
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PLANNING COMMISSION RESOLUTION 2013-017
CONDITIONS OF APPROVAL - FINAL
VILLAGE USE PERMIT 2012-045
TOWER ENERGY GROUP (VILLAGE MARKET)
SEPTEMBER 24, 2013
18. Direct vehicular access is restricted, except for those access points identified on the
approved site plan and preliminary precise grading plan of Village Market #912 for
the Village Use Permit, or as otherwise conditioned in these conditions of approval.
19. 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.
20. The applicant shall cause no easement to be granted, or recorded, over any portion
of the subject property between the date of approval of this Village Use Permit and
the date of final acceptance of the on -site and off -site improvements for this Village
Use Permit, unless such easement is approved by the City Engineer.
21. This project proposes vacation of current city right-of-way. Right-of-way vacation is
on Avenida Montezuma between Avenida Bermudas and Avenida Navarro as shown
on the #912 preliminary precise grading plan. This right-of-way vacation must be
completed prior to the issuance of the building permit.
STREET AND TRAFFIC IMPROVEMENTS
22. 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.
23. 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.
24. The applicant shall construct the following street improvements to conform with the
General Plan (street type noted in parentheses.)
A. OFF -SITE STREETS
1) Avenida Montezuma (Modified Local Street):
No additional widening of the street along all frontage adjacent to the
Village Use Permit boundary is required.
2) Avenida Bermudas (Local Street):
No additional widening of the street along all frontage adjacent to the
Village Use Permit boundary is required.
3) Avenida Navarro (Local Street):
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PLANNING COMMISSION RESOLUTION 2013-017
CONDITIONS OF APPROVAL - FINAL
VILLAGE USE PERMIT 2012-045
TOWER ENERGY GROUP (VILLAGE MARKET)
SEPTEMBER 24, 2013
No additional widening of the street along all frontage adjacent to the
Village Use Permit boundary is required.
Other required improvements in the Avendia Montezuma, Avenida Bermudas,
and Avenida Navarro 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, signs, sidewalk, catch
basin, driveways, curb ramps, and raised crosswalk
The applicant shall extend improvements beyond the project 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).
25. General access points and turning movements of traffic are limited to the proposed
access driveways on Avenida Montezuma and Avenida Bermudas.
PARKING LOTS and ACCESS POINTS
26. 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.
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 28 feet or as approved by the City
Engineer
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PLANNING COMMISSION RESOLUTION 2013-017
CONDITIONS OF APPROVAL - FINAL
VILLAGE USE PERMIT 2012-045
TOWER ENERGY GROUP (VILLAGE MARKET)
SEPTEMBER 24, 2013
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.
27. 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.
Parking Lot & Aisles (High Traffic) 4.5" a.c./5.5" c.a.b.
Loading Areas 6" P.C.C./4" c.a.b.
or the approved equivalents of alternate materials.
28. The applicant shall submit current mix designs (less than two years old at the time of
construction) for base, asphalt concrete and Portland cement concrete. The
submittal shall include test results for all specimens used in the mix design
procedure. For mix designs over six months old, the submittal shall include recent
(less than six months old at the time of construction) aggregate gradation test results
confirming that design gradations can be achieved in current production. The
applicant shall not schedule construction operations until mix designs are approved.
29. 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.
30. 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).
31. 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
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PLANNING COMMISSION RESOLUTION 2013-017
CONDITIONS OF APPROVAL - FINAL
VILLAGE USE PERMIT 2012-045
TOWER ENERGY GROUP (VILLAGE MARKET)
SEPTEMBER 24, 2013
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. PM 10 Plan 1 " = 40' Horizontal
C. WQMP (Plan submitted in Report Form)
D. Off -Site Street Improvement/ Signing & Striping/ Sidewalk Plans
1 " = 40' Horizontal, 1 " = 4' Vertical
NOTE: A through D to be submitted concurrently.
(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.
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.
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 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 2010 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 Public Works 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 "Precise Grading" plan is
required to be submitted for approval by the Building Official, Community
Development Director and the City Engineer.
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PLANNING COMMISSION RESOLUTION 2013-017
CONDITIONS OF APPROVAL - FINAL
VILLAGE USE PERMIT 2012-045
TOWER ENERGY GROUP (VILLAGE MARKET)
SEPTEMBER 24, 2013
"Precise Grading" plans shall normally include all on -site surface improvements
including but not limited to finish grades for curbs & gutters, building floor elevations,
wall elevations, parking lot improvements and ADA requirements.
32. 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.
33. The applicant shall furnish a complete set of all approved improvement plans on a
storage media acceptable to the City Engineer (currently mylars).
34. 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 FOR 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.
IMPROVEMENT SECURITY AGREEMENTS
35. Prior to constructing any off -site improvements, the developer shall deposit securities
in accordance with Engineering Bulletin 09-02 or as approved by the City Engineer.
36. Prior to any grading improvements, the applicant shall submit grading performance
security valued at 100% of the cost of the grading improvements in accordance with
La Quinta Municipal Code 8.80.050, or as approved by the City Engineer.
37. Improvements to be made, or agreed to be made, shall include the removal of any
existing structures or other obstructions which are not a part of the proposed
improvements.
38. Depending on the timing of the development of this Village Use Permit, and the
status of the off -site improvements at the time, the applicant may be required to:
A. Construct certain off -site improvements.
B. Construct additional off -site improvements, subject to the reimbursement of
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PLANNING COMMISSION RESOLUTION 2013-017
CONDITIONS OF APPROVAL - FINAL
VILLAGE USE PERMIT 2012-045
TOWER ENERGY GROUP (VILLAGE MARKET)
SEPTEMBER 24, 2013
its costs by others.
C. Reimburse others for those improvements previously constructed that are
considered to be an obligation of this tentative tract map.
D. Secure the costs for future improvements that are to be made by others.
E. To agree to any combination of these actions, as the City may require.
In the event that any of the improvements required for this development are
constructed by the City, the applicant shall reimburse the City for the costs of such
improvements.
39. 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.
C;RAnINC;
40. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading
Improvements).
41. 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.
42. 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 8.70.010 and 13.24.170 (NPDES Stormwater Discharge Permit and
Storm Management and Discharge Controls).
E. WQMP prepared by an appropriate professional registered in the State of
California.
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PLANNING COMMISSION RESOLUTION 2013-017
CONDITIONS OF APPROVAL - FINAL
VILLAGE USE PERMIT 2012-045
TOWER ENERGY GROUP (VILLAGE MARKET)
SEPTEMBER 24, 2013
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.
A statement shall appear on the plans 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. 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.
43. 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.
44. 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.
45. The applicant shall minimize the differences in elevation to 1 feet between the
adjoining properties.
46. Prior to any site grading or regrading that will raise or lower any portion of the site by
more than plus or minus half of a foot (0.5') from the elevations shown on the
approved Village Use Permit, the applicant shall submit the proposed grading changes
to the City Engineer for approval through a substantial conformance review.
47. 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.
DRAINAGF
48. Stormwater handling shall conform with the approved hydrology report for Village
Market #912, or as approved by the City Engineer. Nuisance water shall be retained
onsite and disposed of via an underground percolation improvement approved by the
City Engineer.
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PLANNING COMMISSION RESOLUTION 2013-017
CONDITIONS OF APPROVAL - FINAL
VILLAGE USE PERMIT 2012-045
TOWER ENERGY GROUP (VILLAGE MARKET)
SEPTEMBER 24, 2013
49. 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.
50. 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.
51. 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.
52. 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.
53. 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).
54. The design of the development shall not cause any increase in flood boundaries and
levels in any area outside the development.
55. 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.
56. Storm drainage historically received from adjoining property shall be received and
retained or passed through into the historic downstream drainage relief route.
57. 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. R7-201 3-0011 and the State Water Resources Control Board's Order No. 2009-
0009-DWQ and Order No. 2010-0014-DWQ.
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PLANNING COMMISSION RESOLUTION 2013-017
CONDITIONS OF APPROVAL - FINAL
VILLAGE USE PERMIT 2012-045
TOWER ENERGY GROUP (VILLAGE MARKET)
SEPTEMBER 24, 2013
1. 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.
R7-2013-001 1.
2. The applicant shall implement the WQMP Design Standards per (CRWQCB-
CRB) Region Board Order No. R7-201 3-0011 utilizing BMPs approved by the
City Engineer. A project specific WQMP shall be provided which incorporates
Site Design and Treatment BMPs utilizing first flush infiltration as a preferred
method of NPDES Permit Compliance for Whitewater River receiving water, as
applicable.
3. The developer shall execute and record a Stormwater Management/BMP
Facilities Agreement that provides for the perpetual maintenance and operation
of stormwater BMPs.
UTILITIES
58. The applicant shall comply with the provisions of LQMC Section 13.24.110
(Utilities).
59. 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.
60. Utility easements shall be clear of any obstructions including buildings, other
permanent structures, and overhead obstructions, unless the utility has given non-
interference notice.
61. The developer is responsible for 100% of the costs to underground the existing
overhead utility lines within or adjacent to the proposed development and shall
participate in a future utility undergrounding district to this end. Additionally, all
proposed utilities shall be installed underground.
62. 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.
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CONDITIONS OF APPROVAL - FINAL
VILLAGE USE PERMIT 2012-045
TOWER ENERGY GROUP (VILLAGE MARKET)
SEPTEMBER 24, 2013
CONSTRUCTION
63. 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 parking construction in commercial development is initially
constructed with partial pavement thickness, the applicant shall complete the final
pavement prior to final inspections of the building(s) within the development or when
directed by the City, whichever comes first.
LANDSCAPE AND IRRIGATION
64. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks)
& 13.24.140 (Landscaping Plans).
65. The applicant shall provide landscaping in the required setbacks, retention basins,
common lots, park areas, and perimeter areas.
66. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention
basins, and parks shall be signed and stamped by a licensed landscape architect.
67. All new and modified landscape areas shall have landscaping and permanent irrigation
improvements in compliance with the City's Water Efficient Landscape regulations
contained in LQMC Section 8.13 (Water Efficient Landscape).
68. The applicant shall submit the final landscape plans for review, processing and
approval to the Community Development Department, in accordance with the Final
Landscape Plan application process. Community Development Director approval of
the final landscape plans is required prior to issuance of the first building permit
unless the Community Development Director determines extenuating circumstances
exist which justifies an alternative processing schedule.
NOTE: Plans are not approved for construction until signed by the appropriate City
official, including the Community Development Director and/or City Engineer.
Prior to final approval of the installation of landscaping, the Landscape Architect of
record shall provide the Community Development Department a letter stating he/she
has personally inspected the installation and that it conforms with the final
landscaping plans as approved by the City.
If staff determines during final landscaping inspection that adjustments are required
in order to meet the intent of the Planning Commission's approval, the Community
Development Director shall review and approve any such revisions to the landscape
plan.
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PLANNING COMMISSION RESOLUTION 2013-017
CONDITIONS OF APPROVAL - FINAL
VILLAGE USE PERMIT 2012-045
TOWER ENERGY GROUP (VILLAGE MARKET)
SEPTEMBER 24, 2013
69. Landscape areas shall have permanent irrigation improvements meeting the
requirements of the Community Development Director. Use of lawn areas shall be
minimized with no lawn, or spray irrigation, being placed within 24 inches of curbs
along public streets.
70. The applicant or his agent has the responsibility for proper sight distance
requirements per guidelines in the American Association of State Highway and
Transportation Officials (AASHTO) "A Policy on Geometric Design of Highways and
Streets" latest edition, in the design and/or installation of all landscaping and
appurtenances abutting and within the private and public street right-of-way.
71. All trees shall have a minimum trunk caliper of 2.5 inches and minimum height of 10
feet.
MAINTENANCE
72. The applicant shall comply with the provisions of LQMC Section 13.24.160
(Maintenance).
73. The applicant shall make provisions for the continuous and perpetual maintenance of
on -site landscaping, access drives, sidewalks, and stormwater BMPs.
FEES AND DEPOSITS
74. 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.
FIRE DEPARTMENT
75. Provide or show there exists a water system capable of delivering a fire flow 1750
gallons per minute for 2 hours duration at 20 psi residual operating pressure, which
must be available before any combustible material is placed on the construction site.
76. 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.
77. 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.
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PLANNING COMMISSION RESOLUTION 2013-017
CONDITIONS OF APPROVAL - FINAL
VILLAGE USE PERMIT 2012-045
TOWER ENERGY GROUP (VILLAGE MARKET)
SEPTEMBER 24, 2013
78. Blue dot retro-reflectors pavement markers on private streets, public streets and
driveways to indicated location of the fire hydrant.
79. 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 75 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.
80. 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.
81. 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 obtained at the Fire Department.
82. 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.
83. Install a complete commercial fire sprinkler system per NFPA 13. 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
84. The PIV and FCD shall be located to the front of building 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 permit
fees, to the Fire Department for review and approval prior to installation.
85. Install an alarm monitoring system for fire sprinkler system(s) with 20 or more heads,
along with current permit fees, to the Fire Department for review and approval prior
to installation.
86. Install a portable fire extinguisher, with a minimum rating of 2A-10BC, for every
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PLANNING COMMISSION RESOLUTION 2013-017
CONDITIONS OF APPROVAL - FINAL
VILLAGE USE PERMIT 2012-045
TOWER ENERGY GROUP (VILLAGE MARKET)
SEPTEMBER 24, 2013
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.
87. No hazardous materials shall be stored and/or used within the building, which
exceeds quantities listed in 2010 CBC. No class I, II or IIIA of combustible/flammable
liquid shall be used in any amount in the building.
88. Exit designs, exit signs, door hardware, exit markers, exit doors, and exit path
marking shall be installed per the 2010 California Building Code.
89. Electrical room doors if applicable shall be posted "ELECTRICAL ROOM" on outside
of door.
90. Fire Alarm Control Panel room doors if applicable shall be posted "FACP" on outside
of door.
91. Fire Riser Sprinkler room doors if applicable shall be posted "Fire Riser" on outside of
door.
92. Roof Access room door if applicable shall be posted "Roof Access" on outside of
door.
93. Access shall be provided to all mechanical equipment located on the roof as required
by the Mechanical Code.
94. 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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