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CC Resolution 1998-137d_W RESOLUTION 98-137 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SITE DEVELOPMENT PERMIT 97-603, AMENDMENT #1 FOR THE DEVELOPMENT PLANS FOR THREE AUTOMOBILE DEALERSHIPS CASE NO.: SITE DEVELOPMENT PERMIT 97-603, AMENDMENT #1 APPLICANT: STAMKO DEVELOPMENT CO. WHEREAS, the City Council of the City of La Quinta, California, did on the 1 7th day of November, 1 998, hold a duly noticed Public Hearing to review the amended development plans for three auto dealerships located at the southeast corner of Adams Street and Highway 111; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 1 3th day of October, and 1 0th day of November, 1 998, hold a duly noticed Public Hearing to review the amended development plans for three auto dealerships located at the southeast corner of Adams Street and Highway 111, more particularly described as: A PORTION OF THE SOUTHWEST AND NORTHWEST 1/4 SECTION OF 29, T5S, R7E WHEREAS, the City Council of the City of La Quinta, California did on the 1 5th day of July, 1997, under Resolution 97-66 approve and adopt the development plans for five auto dealerships located at the southeast corner of Adams Street and Highway 111; and, WHEREAS, said amended Site Development Permit has complied with the requirements of The Rules to Implement the California Environmental Quality Act of 1 970" as amended Resolution 83-63). The Community Development Department completed Environmental Assessment 97-337 for the original project. An Environmental Impact Report, State Clearinghouse No.97011 055 was certified by the City Council in 1 997, for this project. A Supplemental EIR has been prepared for the proposed Specific Plan, Site Development Permit and Development Agreement amendments; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings of approval to justify approving said Site Development Permit 97-603, Amendment #1: BIB] 03-12-1999-U01 09:58:23AM-U01 ADMIN-U01 CCRES-U02 98-U02 137-U02 d_WCity Council Resolution 98-137 Adopted: 11/17/98 Psge 2 1. The proposed car dealerships are consistent with the City's General Plan in that the property is designated Mixed/Regional Commercial MIRC). The Land Use Element Policy 2-3.1) of the 1992 General Plan Update allows automobile sales/services as a conditional use. The project is consistent with the goals, policies and intent of the La Quinta General Plan Land Use Element Chapter 2) provided conditions are met. 2. The proposed auto dealerships are consistent with the goals and objectives of the La Quinta Centre Specific Plan in that the project is a permitted use and will comply with the development standards and design guidelines provided conditions are met. 3. The development of auto dealerships will be consistent with the City's Zoning Code and the La Quinta Centre Specific Plan provided conditions are met. 4. The site design of the proposed project is compatible with the high quality of commercial development on Highway 111 provided conditions are met. 5. The landscape design along Highway 111 will conform with the City's Highway 111 Landscape Design Guidelines, subject to conditions. The Adams Street landscape setback is also of a high quality landscape design provided conditions are met. 6. The architectural design of the project is compatible with development on Highway 111 in that it is a similar scale of other developments in the area; the building materials will be aesthetically pleasing, and provide a blend of varied surfaces and variety of textures, provided conditions are met. 7. The sign design of the project will provide building identity using common elements of size, color, and materials. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; 2. That it does hereby approve Site Development Permit 97-603, Amendment #1 for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on the 1 71h day of November, 1 998, by the following vote, to wit: BIB] 03-12-1999-U01 09:58:23AM-U01 ADMIN-U01 CCRES-U02 98-U02 137-U02 d_W City Council Resolution 98-137 Adopted: 11117198 Page 3 AYES: Council Members Adolph, Henderson, Perkins, Sniff NOES: None ABSENT: Mayor Pena ABSTAIN: None JOHN J. PENA,ayor City of La Quinta, California ATTEST: %(. /SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWE1L?, City Attorney City of La Quinta, California BIB] 03-12-1999-U01 09:58:23AM-U01 ADMIN-U01 CCRES-U02 98-U02 137-U02 d_W CITY COUNCIL RESOLUTION 98-137 CONDITIONS OF APPROVAL FINAL SITE DEVELOPMENT PERMIT 97-603, AMENDMENT #1 THREE AUTO DEALERSHIPS NOVEMBER 17,1998 GENERAL CONDITIONS OF APPROVAL 1. The development shall comply with the La Quinta Centre Specific Plan, Specific Plan Amendment #1 97-029 on file in the Community Development Department), the approved exhibits and the following conditions, which shall take precedence in the event of any conflicts with the provisions of the Specific Plan. 2. Exterior lighting for the project shall comply with the City's Dark Sky" Lighting Ordinance. Lighting Plans shall be approved by the Community Development Department Director prior to issuance of building permits. All exterior lighting shall be down-shining and provided with shielding to screen glare from adjacent streets and residential property to the west and south, to the satisfaction of the Community Development Department Director. Parking lot light standards shall be a maximum of 24-feet in height. All parking lot lights shall be shielded along the west property line Parcels 5, 6, & 7) and landscape lighting shall be installed adjacent to Adams Street. Prior to the issuance of building permits, the site plan shall be modified to show the relocation of the light poles along the regular display areas adjacent to Highway 111 has been moved to the interior corners of the special display areas as shown on the marked up Exhibit dated November 17, 1998. 3. Provide adequate trash and recycling areas for each phase for approval by the Community Development Department Director prior to issuance of the first building permit per phase. The plan will be reviewed for acceptability by applicable trash company prior to review by the Community Development Department Director. 4. Prior to issuance of any grading or building permits, or ground disturbance, mitigation measures as recommended by the Archaeological Assessment for the site shall be completed at the applicant/developer's expense. This consists of having an archaeological monitor on site during grading and earth disturbance operations. A final report shall be submitted for acceptance by the Historic Preservation Commission prior to issuance of the Certificate of Occupancy of the first building. 5. Handicap access, facilities and parking shall be provided per Federal, State, and local requirements. s:\cdev\cc-COA-sDP97603.wpd BIB] 03-12-1999-U01 09:58:23AM-U01 ADMIN-U01 CCRES-U02 98-U02 137-U02 d_WCity Council Resolution 98-137 Conditions of Approval Recommended Site Development Permit 97-603, Amendment #1 November 17.1998 Page 2 6. Prior to any site disturbance being permitted, including construction, preliminary site work and/or archaeological investigation, the project developer shall submit and have approved a Fugitive Dust Control Plan FDCP), in accordance with Chapter 6.16 of the La Quinta Municipal Code. The plan shall define all areas proposed for development and shall indicate time lines for phasing of the project, and shall establish standards for comprehensive control of both anthropogenic and natural creation of airborne dust due to development activities on site. If the project is phased a plan shalt be prepared that addresses control measures over the entire build-out of the project e.g., for disturbed lands pending future development). 7. Construction shall comply with all local and State building code requirements as determined by the Building and Safety Director. 8. Prior to issuance of any land disturbance permit, the applicant shall pay the required mitigation fees for the Coachella Valley Fringe-Toed Lizard Habitat Conservation Program, as adopted by the City, in the amount of $600 per acre of disturbed land. 9. Prior to the issuance of a grading permit, the applicant shall prepare and submit a written report to the Community Development Director demonstrating compliance with those Conditions of Approval and mitigation measures of Site Development Permit, Amendment #1 97-603, and Environmental Assessment 97-337. Prior to the issuance of a building permit, the applicant shall prepare and submit a written report to the Community Development Director demonstrating compliance with those Conditions of Approval and mitigation measures of SDP, Amendment #1 97- 603 and EA 97-337. The Community Development Director may require inspection or other mitigation monitoring measures to assure such compliance. 10. All roof and wall mounted mechanical-type equipment shall be installed or screened with architecturally compatible material so as not to be visible from surrounding properties and streets to the satisfaction of the Community Development Director and/or Planning Commission. Working drawings showing all proposed equipment and how they will be screened shall be submitted and approved prior to issuance of a building permit. GENERAL 11. Upon their approval by the City Council, the City Clerk is directed to file these Conditions of Approval with the Riverside County Recorder for recordation against the properties to which they apply. s:\Cdev\cc-coA-8DP97603.wpd BIB] 03-12-1999-U01 09:58:23AM-U01 ADMIN-U01 CCRES-U02 98-U02 137-U02 d_W City Council Resolution 98-137 Conditions of Approval Recommended Site Development Permit 97-603. Amendment #1 November 17, 1998 Page 3 12. The applicant shall comply with all Conditions of Approval of the underlying Tentative Parcel Map 28525 which conditions are included herein by reference. As expressly modified by Specific Plan 97-029. 13. Unless otherwise provided herein, these conditions shall apply to development of both the overall site and to individual sites within the auto mall and commercial center 14. Prior to the issuance of grading, improvement or building permits, the applicant shall obtain permits and/or clearances from the following public agencies: Fire Marshal Public Works Department Grading Permit, Improvement Permit) Community Development Department Riverside County Environmental Health Department Desert Sands Unified School District Coachella Valley Water District CVWD) Water & Sewer) Imperial Irrigation District lID) Electricity) California Regional Water Quality Control Board NPDES Permit) Caltrans The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. For projects requiring NPDES construction permits, the applicant shall include a copy of the application for the Notice of Intent with grading plans submiffed for plan checking. The applicant shall make Storm Water Pollution Protection Plan available at the construction site for review by City representatives. IMPROVEMENT PLANS 15. Project improvement plans submitted to the City for plan checking shall be submitted on 24" x 36" media in the categories of Rough Grading, Precise Grading," Streets & Drainage," and Landscaping." All plans except precise grading plans, shall have signature blocks for the City Engineer. Precise grading plans shall have signature blocks for the Community Development Director and the Building Official. Plans are not approved unless, and until, they are signed. s'\cdev\cc-coA-sDP97603 wpd BIB] 03-12-1999-U01 09:58:23AM-U01 ADMIN-U01 CCRES-U02 98-U02 137-U02 d_WCity Council Resolution 98-137 Conditions of Approval Recommended Site Development Permit 97-603 Amendment #1 November 17, 1998 Page 4 Street and Drainage" plans shall normally include signals, sidewalks, bike paths, gates and entryways, and parking lots. If water and sewer plans are included on the street and drainage plans, the plans shall have an additional signature block for the CVWD. The combined plans shall be signed by CVWD prior to their submittal for the City Engineer's signature. Landscaping" plans shall normally include landscape improvements, irrigation, lighting. and perimeter walls. Plans for improvements not listed above shall be in formats approved by the City Engineer. 16. Individual site improvement plans not including street or public facility construction) shall be submitted on 24" x 36" media. Plans for individual site improvements may be combined on a single plan provided excess clutter doesn't affect readability. Individual site plans shall include all hardscape, drainage and landscape improvements. Plans for parking areas and interior circulation routes shall include traffic striping and pavement markings, signing, pedestrian facilities, trash receptacles, and other features which may affect the safe flow of vehicles and pedestrians. All plans except precise grading plans, if separate) shall have signature blocks for the City Engineer. Precise grading plans shall have signature blocks for Community Development Director and the Building Official. Plans are not approved for construction until they are signed. 17. The City may maintain standard plans, details and/or construction notes for elements of construction. For a fee established by City Resolution, the applicant may acquire standard plan and/or detail sheets form the City. IMPROVEMENT AGREEMENT 18. Improvements to be made or agreed upon, shall include removal of any existing structures or obstructions which are not part of the proposed improvements. s:\cdev\cc-COA-sDP97603.wpd BIB] 03-12-1999-U01 09:58:23AM-U01 ADMIN-U01 CCRES-U02 98-U02 137-U02 d_WCity Council Resolution 98-137 Con ditions of Approval Recommended Site Development Permit 97-603, Amendment #1 November 17. 1998 Page 5 GRADING 19. Prior to occupation of the project site or any individual site for construction purposes, the applicant shall submit and receive approval of a Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, LQMC. In accordance with said Chapter, the applicant shall furnish security, in a form acceptable to the City, in an amount sufficient to guarantee compliance with the provisions of the permit. 20. Graded, undeveloped land shall be maintained to prevent dust and blowsand nuisances. The land shall be planted with interim landscaping or provided with other wind and water erosion control measures approved by the Community Development and Public Works Departments. 21. Prior to issuance of building permits, the applicant shall provide a separate document, bearing the seal and signature of a California registered civil engineer or surveyor, that lists actual building pad elevations for the building lots. The document shall list the pad elevation approved on the grading plan, the as-built elevation, and the difference between the two, if any. The data shall be organized by lot number and shall be listed cumulatively if submitted at different times. DRAINAGE The applicant shall comply with the provisions of Engineering Bulletin No. 96.03 and the following: 22. Stormwater falling on site during the peak 24-hour period of a 100-year storm shall be retained within the development unless otherwise approved by the City Engineer. The tributary drainage area shall include streets within the development and extend to the centerline of public streets adjacent to the development. Adams Street run off may not be retained in the landscape setback. 40% of the stormwater runoff from Parcels 1, 2, and 3 shall be allowed within the Highway 111 setback. All other drainage shall be retained on site. 23. 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. s:\cdev\cc?coA-sDP976o3.wpd BIB] 03-12-1999-U01 09:58:23AM-U01 ADMIN-U01 CCRES-U02 98-U02 137-U02 d_WCity Council Resolution 98-137 Conditions of Approval Recommended Site Development Permit 97-603, Amendment #1 November 17, 1998 Pege 6 24. Retention basin slopes shall not exceed 3:1 on private property, 5:1 on public property. Retention depth shall not exceed six feet on private property, two feet on public property. 25. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 26. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow outlet and into the historic drainage relief route. 27. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 28. If the applicant proposes drainage of stormwater to off-site locations, the applicant may be required to design and install first-flush storage, oil/water separation devices, or other screening or pretreatment method(s) to minimize conveyance of contaminants to off-site locations. If the drainage will directly or indirectly enter public waterways, the applicant and, subsequently, the Property Owners Association, shall be responsible for any sampling and testing of effluent which may required under the City's NPDES Permit, or other City- or area-wide pollution prevention program and for any other obligations and/or expenses which may arise from such discharge of the development's stormwater or nuisance water. The CC & Rs for the development shall reflect the existence of this potential obligation. 29. For individual auto sales & service sites and other sites where stormwater contaminants are typically produced or deposited, all washdown water and runoff from service, and fueling shall be routed through oil/water separation devices approved by the City prior to disposal in retention/percolation facilities. The applicant and, eventually, the Property Owner's Association, shall schedule regular inspections of the separation devices to ensure that accumulations of petroleum products and contaminated runoff are pumped from the devices and disposed of in accordance with Coachella Valley Water District. STREETS AND TRAFFIC 30. All new streets in this development shall be constructed to their full width including curb, guffer, and sidewalk on both sides with the exception of the sidewalk along the south side of Auto Center Drive and the east side of La Quinta Drive. S:\Cdev\CC-COA-SDP97603.wpd BIB] 03-12-1999-U01 09:58:23AM-U01 ADMIN-U01 CCRES-U02 98-U02 137-U02 d_WCity Council Resolution 98-137 Conditions of Approval Recommended Site Development Permit 97-603. Amendment #1 November 17, 1998 Page 7 31. The geometry of the round about proposed at the intersection of Auto Centre Drive and Auto Centre North shall be approved by the City Engineer including crosswalk locations. LANDSCAPING 32. Landscape and irrigation plans for landscaped lots, landscape setback areas, medians, and retention basins shall be prepared by a licensed landscape architect. Landscape and irrigation plans shall be approved by the Community Development Department. Landscape and irrigation construction plans shall be submifted to the Public Works Department for review and approval by the City Engineer. The plans are not approved for construction until they have been approved and signed by the City Engineer, the Coachella Valley Water District, and the Riverside County Agricultural Commissioner. 33. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape areas outside the right of way. 34. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn shall not have spray irrigation along five feet of curbs on public streets. 35. The applicant shall ensure that landscaping plans and utility plans are coordinated to provide visual screening of above-ground utility structures. 36. The applicant shall provide landscape improvements in the perimeter setback areas along Highway 111 and on the east side of Adams Street from Highway 111 to 47th Avenue. Undulating mounding shall be a minimum of one to three feet in height including the setback along the CVWD well site as submifted by the applicant on November 17,1998. The applicant's landscape design plans shall delete any plant material not listed within the City's Highway 111 Landscape Design Guidelines. All trees proposed within the Highway 111 setback area shall be four inches in diameter, eight feet tall, with a six foot spread at the time of installation. If any tree dies within the Highway 111 setback area it shall be replaced within 14 days. No pruning of the trees within the Highway 111 setback area shall be allowed within four feet of the grade. Specify that all one gallon plants shall be planted three foot on center and five gallon plants used as appropriate within the Highway 111 setback area. All other plant material non-trees) must comply with the Highway 111 Landscape Guidelines. s:\cdev\cc-coA-sDP97603.wpd BIB] 03-12-1999-U01 09:58:23AM-U01 ADMIN-U01 CCRES-U02 98-U02 137-U02 d_WCity Council Resolution 98-137 Conditions of Approval Recommended Site Development Permit 97-603, Amendment #1 November 17.1998 Page 8 37. Prior to issuance of a building permit the landscaping plans shall be modified as submitted by the applicant on November 17,1998. QUALITY ASSURANCE 38. The applicant shall employ construction quality-assurance measures which meet the approval of the City Engineer. 39. The applicant shall employ or retain California registered civil engineers, geotechnical engineers, or surveyors, as appropriate, who will provide, or have their agents provide, sufficient supervision and verification of the construction to be able to furnish and sign accurate record drawings. FEES AND DEPOSITS 40. The applicant shall pay all deposits and fees required by the City for plan checking and construction inspection. Deposit and fee amounts shall be those in effect when the applicant applies for plan checking and permits. FIRE MARSHAL 41. Schedule E" fire protection approved Super fire hydrants, 6" x 4" x 21A" x 21A") will be located at each street intersection spaced not more than 330 feet apart in any direction with any portion of any frontage more than 165 feet from a fire hydrant. 42. The water mains shall be capable of providing a potential fire flow of 5000 g.p.m. and an actual fire flow available from any two hydrant shall be 2500 g.p.m. for a 2- hour duration at 20 p.s.i. residual operating pressure. 43. Prior to recordation of the final map, applicant/developer will furnish one blueline copy of the water system plans to Fire Department for review/approval. Plans will conform to the fire hydrant types, location and spacing, and the system will meet the fire flow requirements. Plans will be signed/approved by a registered civil engineer and the local water company with the following certification: I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." 44. The required water system including fire hydrants will be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. s:\cdev\cc-COA-sDP97603.wpd BIB] 03-12-1999-U01 09:58:23AM-U01 ADMIN-U01 CCRES-U02 98-U02 137-U02 d_W City Council Resoluton 98-137 Conditions of Approvel Recommended Site Development Permit 97-603, Amendment #1 November 17,1998 Page 9 BUILDINGS/FACILITIES 45. Install Knox Key Lock boxes, Models 4400, 3200 or 1300, mounted per recommended standard of the Knox Company. Plans must be submitted to the Fire Department for approval of mounting location/position and operating standards. Special forms are available from the Riverside County Fire Department for ordering the Key Switch. This form must be authorized and signed by that office for the correctly coded system to be purchased. MAINTENANCE 46. The applicant shall make provisions for continuous maintenance of drainage, landscaping and on-site improvements. MISCELLANEOUS 47?* Prior to issuance of building permits the building elevations shall be modified as follows: A. Torre Nissan: 1 Insert the window on the north elevation as shown on the floor plans. B. All dealerships shall add or expand landscape planters, or provide building upgrades such as tile insets along the north building elevations. 48. Developer or property owner) agrees to indemnify, defend and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's approval of this project. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. 49. In the event of a conflict between the conditions listed herein and the provisions of the Development Agreement between the applicant and the City, the provisions of the Development Agreement shall prevail unless such action or interpretation would result in violation of any applicable local, State, or federal law. s:\cdev\cc-coA-sDP976o3?wpd BIB] 03-12-1999-U01 09:58:23AM-U01 ADMIN-U01 CCRES-U02 98-U02 137-U02