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PCRES 2014-033PLANNING COMMISSION RESOLUTION 2014 - 033 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL THAT THE PROJECT BE DEEMED EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND FURTHER RECOMMENDING APPROVAL OF A SPECIFIC PLAN AMENDMENT AND A SITE DEVELOPMENT PERMIT FOR THE AMERICAN TIRE DEPOT PROJECT CASE NUMBERS: SPECIFIC PLAN 1996-027, AMENDMENT 2; SITE DEVELOPMENT PERMIT 2013-936 APPLICANT: BEDROS DARKJIAN WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 9th day of December, 2014, hold a duly noticed Public Hearing to consider a request by Bedros Darkjian for approval of the American Tire Depot, generally located on the north side of Highway 1 1 1, west of Jefferson Street, more particularly described as: APN: 600-010-023 WHEREAS, the Community Development Department published a public hearing notice in The Desert Sun newspaper on November 28, 2014 as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and, Specific Plan 1996-027 Amendment 2 WHEREAS, per SB-18 consultation requirements, the Community Development Department has forwarded information regarding the proposed amended Specific Plan to those Tribes referenced on the Tribal Consultation List provided by the Native American Heritage Commission and has followed up with all Tribes requesting information or consultation and placed their recommendations for monitoring in the Conditions of Approval; 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 9.240.010 of the La Quinta Municipal Code to justify recommending to the City Council approval of said Specific Plan Amendment: Planning Commission Resolution 2014 - 033 Specific Plan 1996-027 Amendment 2; Site Development Permit 2013-936 American Tire Depot (Bedros Darkjian) Adopted: December 9, 2014 Page 2 of 5 1 . Consistency with General Plan The proposed Specific Plan amendment is consistent with the goals and policies of the La Quinta General Plan in that it incorporates an additional land use to a plan that already offers a full range of commercial retail uses. 2. Public Welfare Approval of the proposed Specific Plan amendment will not create conditions materially detrimental to public health, safety and general welfare. The Community Development Department has determined that this project is exempt from environmental review pursuant to Section 15332 (Class 32) of the Guidelines implementing CEQA California Environmental Quality Act in that the proposed project can be characterized as in -fill development. The project is consistent with all applicable general plan and zoning regulations, occurs on a project site less than five acres in size substantially surrounded by urban uses, has no value as habitat for endangered, rare, or threatened species, would not result in any significant effects relating to traffic, noise, air/water quality, and can be adequately served by all required utilities and public services. 3. Land Use Compatibility The proposed Specific Plan amendment incorporates a land use that is compatible with zoning on adjacent properties. The design regulations specified in the Specific Plan for commercial uses are compatible with the existing commercial retail located near the project area and surrounding properties. 4. Property Suitability The uses permitted in the specific plan amendment are suitable and appropriate for the subject property in that the property is located within an existing commercial center with similar existing uses. The current specific plan area is served without adverse impact by all necessary public services and utilities. Site Development Permit 2013-936 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 Planning Commission Resolution 2014 - 033 Specific Plan 1996-027 Amendment 2; Site Development Permit 2013-936 American Tire Depot (Bedros Darkjian) Adopted: December 9, 2014 Page 3 of 5 Section 9.210.010 of the Municipal Code to justify approval of said Site Development Permit: 1 . Consistency with General Plan The proposed development is consistent with the General Plan land use designation of General Commercial. The City's General Plan policies relating to General Commercial encourage a full range of commercial retail uses within the City, and the proposed use maintains those policies. 2. Consistency with Zoning Code and Jefferson Square Specific Plan The proposed development, as conditioned, is consistent with the development standards of the City's Zoning Code and the Jefferson Square Specific Plan as amended, in terms of architectural style, building height, building mass, and landscaping. The site development permit has been conditioned to ensure compliance with the zoning standards of the Regional Commercial zoning district and other supplemental standards as established in Title 9 of the La Quinta Municipal Code and the Jefferson Square Specific Plan. 3. Compliance with CEQA Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act (CEQA). The Community Development Department has determined that this project is exempt from environmental review pursuant to Section 15332 (Class 32) of the Guidelines implementing CEQA in that the proposed project can be characterized as in -fill development. The project is consistent with all applicable general plan and zoning regulations, occurs on a project site less than five acres in size substantially surrounded by urban uses, has no value as habitat for endangered, rare, or threatened species, would not result in any significant effects relating to traffic, noise, air/water quality, and can be adequately served by all required utilities and public services. 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 Jefferson Square Specific Plan. The building is concluded to be appropriate for the proposed building location, and supplemental design Planning Commission Resolution 2014 - 033 Specific Plan 1996-027 Amendment 2; Site Development Permit 2013-936 American Tire Depot (Bedros Darkjian) Adopted: December 9, 2014 Page 4 of 5 elements (stone veneer, metal awnings, trellises, etc.) appropriately enhance the architecture of the building. 5. Site Design The site design of the project, including project entries, interior circulation, pedestrian access and amenities, screening of equipment and trash enclosures, exterior lighting, and other site design elements are compatible with surrounding development and with the quality of design prevalent in the city. 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. Additionally, the assorted species of plants, which are taken from the approved plant list in the Jefferson Square Specific Plan, provide diversity and add character to the proposed building. 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 while adequately screening the parking lot from public view. 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 the above project be determined by the City Council to be exempt from CEQA pursuant to Section 15332 (Class 32) of the CEQA Guidelines. SECTION 3. That it does hereby recommend to the City Council approval of Specific Plan 1996-027, Amendment 2, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. Planning Commission Resolution 2014 - 033 Specific Plan 1996-027 Amendment 2; Site Development Permit 2013-936 American Tire Depot (Bedros Darkjian) Adopted: December 9, 2014 Page 5 of 5 SECTION 4. That it does hereby recommend to the City Council approval of Site Development Permit 2013-936, 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 9th day of December, 2014, by the following vote: AYES: Commissioner Bettencourt, Blum, Fitzpatrick, Wilkinson, and Chairperson Wright. NOES: None ABSENT: None ABSTAIN: None ROBVT W GHT, Chairperson City of La inta, California ATTEST: O SON, Community Development Director of La Quinta, California PLANNING COMMISSION REOLUTION NO. 2014-033 CONDITIONS OF APPROVAL - ADOPTED SPECIFIC PLAN 1996-27, AMENDMENT NO. 2 AMERICAN TIRE DEPOT (BEDROS DARKJIAN) DECEMBER 9, 2014 PAGE 1 OF 1 GENERAL 1 . The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Site Development Permit, 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. Specific Plan 1996-027 Amendment No. 2 shall be developed in compliance with these conditions, and the approved Specific Plan document. In the event of any conflicts between these conditions and the provisions of Specific Plan 1996-027 Amendment No. 2, these conditions shall take precedence. 3. Specific Plan 1996-027 Amendment No. 2 shall comply with all applicable conditions and/or mitigation measures for the following related approvals: Site Development Permit 2013-936 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Community Development Director shall adjudicate the conflict by determining the precedence. 4. Within 30 days of City Council approval, applicant shall provide five copies of the Final Specific Plan document, as amended by this action, to the Community Development Department. The Final Specific Plan shall include all text and graphics except as amended by this action, all amendments per this action, and correction of any typographical errors, internal document inconsistencies, and other amendments deemed necessary by the Community Development Director. PLANNING COMMISSION REOLUTION NO. 2014-033 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2013-936 AMERICAN TIRE DEPOT (BEDROS DARKJIAN) DECEMBER 9, 2014 PAGE 1 OF 16 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 Site Development Permit. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. Site Development Permit 2013-936 shall comply with all applicable conditions and/or mitigation measures for the following related approval: Tentative Parcel Map 28573 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Community Development Director shall adjudicate the conflict by determining the precedence. 3. The Site Development Permit shall expire on January 6, 2017 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 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) PLANNING COMMISSION REOLLITION NO. 2014-033 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2013-936 AMERICAN TIRE DEPOT (BEDROS DARKJIAN) DECEMBER 9, 2014 PAGE 2 OF 16 • 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 improvement 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 Waste Discharge 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. 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). PLANNING COMMISSION REOLUTION NO. 2014-033 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2013-936 AMERICAN TIRE DEPOT (BEDROS DARKJIAN) DECEMBER 9, 2014 PAGE 3 OF 16 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 construction until all improvements are completed and accepted by the City Council. F. The applicant shall execute and record an agreement that provides for the perpetual maintenance and operation of all post -construction BMPs as required. 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 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. 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 PLANNING COMMISSION REOLUTION NO. 2014-033 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2013-936 AMERICAN TIRE DEPOT (BEDROS DARKJIAN) DECEMBER 9, 2014 PAGE 4 OF 16 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 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 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. 13. Direct vehicular access to Highway 111 is restricted, except for those access points identified on the approved Site Development Permit. 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. 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. PLANNING COMMISSION REOLUTION NO. 2014-033 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2013-936 AMERICAN TIRE DEPOT (BEDROS DARKJIAN) DECEMBER 9, 2014 PAGE 5 OF 16 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 so that ADA accessibility issues can be evaluated. 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. 15. 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. Unused curb cuts on any lot shall be restored to standard curb height prior to final inspection of permanent building(s) on the lot. 16. 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. 17. 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 PLANNING COMMISSION REOLLITION NO. 2014-033 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2013-936 AMERICAN TIRE DEPOT (BEDROS DARKJIAN) DECEMBER 9, 2014 PAGE 6 OF 16 (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. 18. Improvements shall include appurtenances such as traffic control signs, markings and other devices, and sidewalks. 19. 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. 20. 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). 21. 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 " = 30' Horizontal B. PM 10 Plan 1 " = 40' Horizontal C. WQMP (Plan submitted in Report Form) NOTE: A and C to be submitted concurrently. D. On Site Sewer and Water Improvement Plan 1 " = 40' Horizontal Separate Storm Drain Plans if applicable PLANNING COMMISSION REOLUTION NO. 2014-033 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2013-936 AMERICAN TIRE DEPOT (BEDROS DARKJIAN) DECEMBER 9, 2014 PAGE 7 OF 16 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 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 2013 California Building Code accessibility requirements associated with each door. The assessment must comply with the 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 "Site Development" plan is required to be submitted for approval by the Building Official, Community Development Director and the City Engineer. "Site Development" 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. 22. 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. 23. The applicant shall furnish a complete set of all approved improvement plans on a storage media acceptable to the City Engineer (currently mylars). 24. 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 PLANNING COMMISSION REOLLITION NO. 2014-033 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2013-936 AMERICAN TIRE DEPOT (BEDROS DARKJIAN) DECEMBER 9, 2014 PAGE 8 OF 16 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. (;ROnINr 25. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 26. 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. 27. 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 a professional 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. A WQMP prepared by an authorized professional registered in the State of California. 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. PLANNING COMMISSION REOLLITION NO. 2014-033 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2013-936 AMERICAN TIRE DEPOT (BEDROS DARKJIAN) DECEMBER 9, 2014 PAGE 9 OF 16 28. 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. 29. 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. 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 (6') 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. 30. 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 Site Development Permit, the applicant shall submit the proposed grading changes to the City Engineer for a substantial conformance review. 31. 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 32. Stormwater handling shall conform with the approved hydrology and drainage report for SDP 2014-936 or as approved by the City Engineer. Nuisance water shall be disposed of in an approved manner. 33. Nuisance water shall be retained onsite and disposed of via an underground percolation improvement approved by the City Engineer. 34. 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 PLANNING COMMISSION REOLLITION NO. 2014-033 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2013-936 AMERICAN TIRE DEPOT (BEDROS DARKJIAN) DECEMBER 9, 2014 PAGE 10 OF 16 the historic drainage relief route. 35. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 36. 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. 137-2013-0011 and the State Water Resources Control Board's Order No. 2009-0009-DWQ and Order No. 2010-0014-DWQ. A. 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. R7-2013-0011. B. The applicant shall implement the WQMP Design Standards per (CRWQCB- CRB) Region Board Order No. 137-2013-0011 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. C. The developer shall execute and record a Stormwater Management/BMP Facilities Agreement that provides for the perpetual maintenance and operation of stormwater BMPs. UTII ITIFS 37. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 38. 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 PLANNING COMMISSION REOLUTION NO. 2014-033 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2013-936 AMERICAN TIRE DEPOT (BEDROS DARKJIAN) DECEMBER 9, 2014 PAGE 11 OF 16 purposes. 39. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 40. 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. LANDSCAPE AND IRRIGATION 41. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans) 42. Landscape and irrigation plans shall be signed and stamped by a licensed landscape architect. 43. All new 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). 44. All landscaping shall consist of, at minimum, 36" box trees (i.e., a minimum 2.5 inch caliper measured three feet up from grade level after planting), 5-gallon shrubs, and groundcover. Double lodge poles (two-inch diameter) shall be used to brace and stake trees. 45. 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 as a minor final landscape plan. 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 justify an alternative processing schedule. NOTE: Plans are not approved for construction until signed by the appropriate City PLANNING COMMISSION REOLLITION NO. 2014-033 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2013-936 AMERICAN TIRE DEPOT (BEDROS DARKJIAN) DECEMBER 9, 2014 PAGE 12 OF 16 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. 46. The following items shall be incorporated as part of the Final Landscape Plan: • At the front entrance, replace the California Pepper tree with a palm tree • Reduce the density of trees, while maintaining shading requirements • Utilize a climbing vine (bougainvillea) along the south -facing elevation 47. 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. MAINTENANCE 48. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 49. The applicant shall make provisions for the continuous and perpetual maintenance of perimeter landscaping up to the curb, access drives, sidewalks, and stormwater BMPs. FEES AND DEPOSITS 50. 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 PLANNING COMMISSION REOLLITION NO. 2014-033 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2013-936 AMERICAN TIRE DEPOT (BEDROS DARKJIAN) DECEMBER 9, 2014 PAGE 13 OF 16 51. The required fire flow shall be available from 2 Super hydrant(s) (6" x 4" x 21 /2" x 21 /2") spaced not more than 300 apart and shall be capable of delivering a fire flow 1750 GPM per minute for four hours duration at 20 psi residual operating pressure, which must be available before any combustible material is placed on the construction site. 52. 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. 53. 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. 54. Blue dot retro-reflectors pavement markers on private streets, public streets and driveways to indicated location of the fire hydrant. 06-05 (located at www.rvcfire.org) 55. 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. 56. 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. 57. 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. PLANNING COMMISSION REOLLITION NO. 2014-033 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2013-936 AMERICAN TIRE DEPOT (BEDROS DARKJIAN) DECEMBER 9, 2014 PAGE 14 OF 16 58. Install a complete commercial fire sprinkler system. 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. 59. The PIV and FCD shall be located to the front of building within 50 feet of approved roadway and within 200 feet of an approved hydrant. 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 60. 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. 61. Install a portable fire extinguisher, with a minimum rating of 2A-10BC, for every 3,000 sq. ft. and/or 75 feet of travel distance. Fire extinguishers shall be mounted 3.5 to 5 ft above finished floor, measured to the top of the extinguisher. Where not readily visible, signs shall be posted above all extinguishers to indicate their locations. Extinguishers must have current CSFM service tags affixed. 62. No hazardous materials shall be stored and/or used within the building, which exceeds quantities listed in 2013 CBC. No class I, II or IIIA of combustible/flammable liquid shall be used in any amount in the building. 63. Exit designs, exit signs, door hardware, exit markers, exit doors, and exit path marking shall be installed per the 2013 California Building Code. 64. Electrical room doors, if applicable, shall be posted "ELECTRICAL ROOM" on outside of door. 65. Fire Alarm Control Panel room doors, if applicable, shall be posted "FACP" on outside of door. 66. Fire Riser Sprinkler room doors, if applicable, shall be posted "FIRE RISER" on outside of door. 67. Roof Access room door, if applicable, shall be posted "ROOF ACCESS" on outside of door. PLANNING COMMISSION REOLUTION NO. 2014-033 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2013-936 AMERICAN TIRE DEPOT (BEDROS DARKJIAN) DECEMBER 9, 2014 PAGE 15 OF 16 68. Access shall be provided to all mechanical equipment located on the roof as required by the Mechanical Code. 69. 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 70. 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. 2013 CIVIC 71. This building has not been reviewed or approved for high pile/rack storage. Prior to such use, building(s) shall be approved for high -piled storage (materials in closely packed piles or on pallets, or in racks where the top of storage exceeds 12 feet in height, 6 feet for Group A plastics and/or certain other high hazard commodities) or aerosols products. High -piled and aerosol stock shall be approved prior to materials being stored on site. A licensed Fire Protection Engineer or a Fire Department approved consultant must prepare plans for high -piled storage or aerosol storage in accordance with the California Fire Code and adopted standards. 72. The minimum dimension for gates is 20 feet clear and unobstructed width and a minimum vertical clearance of 13 feet 6 inches in height. Any gate providing access from a road shall be located at least 35 feet setback from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Where a one-way road with a single traffic lane provides access to a gate entrance, a 38-foot turning radius shall be used. 73. Gate(s) shall be automatic or manual operated. Install Knox key operated switches, with dust cover, mounted per recommended standard of the Knox Company. Building plans shall include mounting location/position and operating standards for Fire Department approval. 74. 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, MISCELLANEOUS PLANNING COMMISSION REOLLITION NO. 2014-033 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2013-936 AMERICAN TIRE DEPOT (BEDROS DARKJIAN) DECEMBER 9, 2014 PAGE 16 OF 16 75. A darker color palette shall be incorporated. The final color palette shall be reviewed and approved by the Community Development Department prior to issuance of a building permit.