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PCRES 2001-079PLANNING COMMISSION RESOLUTION 2001-079 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, APPROVING DEVELOPMENT OF A 65,300 SQUARE FOOT SHOPPING CENTER, INCLUDING A 23,000 SQUARE FOOT "99 CENT STORE" LOCATED WITHIN THE JEFFERSON PLAZA SPECIFIC PLAN. CASE NO.: SITE DEVELOPMENT PERMIT 2001-693 APPLICANT: JR PROPERTIES WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 8th 22nd day of May, 2001, hold duly noticed Public Hearings for JR Properties for review of a Site Development Permit to allow a 65,300 square foot shopping center, including a 23,000 square foot 99 Cent Store within the Jefferson Plaza Specific Plan area, more particularly described as: APN 649-040-013 WHEREAS, the Architecture and Landscape Review Committee for the City of La Quinta did, on the 2nd day of May, 2001 recommend approval of the proposed project, by adoption of Minute Motion 2001-024, subject to conditions of approval; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did make the following mandatory findings recommending approval of said Site Development Permit: and 1. The proposed Site Development Permit is consistent with the General Plan goals, policies and programs relating to the Regional Commercial land use designation, and supports the development of larger scale commercial opportunities on Highway 111. 2. The proposed Site Development Permit is consistent with the standards of the Zoning Ordinance and is consistent with the Jefferson Plaza Specific Plan, as conditioned, which establishes development standards for the project. The project, as conditioned meets the City's standards for height, parking, lighting, and land use. 3. The proposed Site Development Permit will not be detrimental to the public health, safety and welfare, as it has been designed to be compatible with surrounding development, and conform with the City's standards and requirements, as conditioned. G\W PDOCS\PCReso99. W PD Planning Commission Resolution 2001-079 Site Development Permit 2001-693 The 990 Store - JR Properties May 22, 2001 4. The proposed Site Development Permit, as conditioned, complies with the architectural design standards for the Jefferson Plaza Specific Plan, and implements the standards and guidelines included in that document. 5. The proposed Site Development Permit, as conditioned, is consistent with the landscaping standards and palette in the Jefferson Plaza Specific Plan and implements the standards for landscaping and aesthetics established in the General Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1 . That the above recitations are true and constitute the findings of the Planning Commission in this case; and 2. That it does hereby approve Site Development Permit 2001-693, for the reasons set forth in this Resolution, and subject to the Conditions of Approval attached hereto; and 3. That the request has been assessed in conjunction with Environmental Assessment 96-325 prepared for Specific Plan 96-027. No changed circumstances or conditions and no new information provided would trigger the preparation of subsequent environmental analysis pursuant to Public Resources Code Section 21166. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 22nd day of May, 2001, by the following vote, to wit: AYES: Commissioners Abels, Butler, Tyler, and Chairman Robbins NOES: Commissioner Kirk ABSENT: None ABSTAIN: None STEVE ROBBINS, Chairman City of La Quinta, California G:A W PDOCS\PCReso99. W PD Planning Commission Resolution 2001-079 Site Development Permit 2001-693 The 99¢ Store - JR Properties May 22, 2001 ATTEST: JE'jRY HERMAN, Community Development Director Cit of La uinta, California G:\W PDOCS\PCReso99. WPD PLANNING COMMISSION RESOLUTION 2001-079 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2001-693 - 99 CENT STORE MAY 22, 2001 GENERAL 1 . The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this development application or any application thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 2. Prior to the issuance of a grading, construction or building permit, 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 Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) 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. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. Projects disturbing 5 or more acres, or smaller projects which are part of a larger project disturbing 5 or more acres require a project -specific NPDES permit. The applicant shall submit a copy of the CWQCB acknowledgment of the applicant's Notice of Intent (NO]) prior to issuance of a grading or site construction permit. The applicant shall ensure that the required Storm Water Pollution Protection Plan (SWPPP) is available for inspection at the project site. PROPERTY RIGHTS 3. The applicant shall dedicate easements necessary for placement of and access to utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas. PLANNING COMMISSION RESOLUTION 2001-079 CONDITIONS OF APPROVAL SITE DEVELOPMENT PERMIT 2001-693 - 99 CENT STORE MAY 22, 2001 4. The applicant shall furnish proof of easements or written permission, as appropriate, from owners of any abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments are to occur. 5. If the applicant proposes vacation or abandonment of any existing rights of way or access easements which will diminish access rights to any properties owned by others, the applicant shall provide approved alternate rights of way or access easements to those properties or notarized letters of consent from the property owners 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. 6. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and landscape architects, as appropriate. Plans shall be submitted on 24" x 36" media in the categories of "Rough Grading," "Precise Grading," "Streets & Drainage," and "Landscaping." Precise grading plans shall have signature blocks for Community Development Director and the Building Official. All other plans shall have signature blocks for the City Engineer. Plans are not approved for construction until they are signed. "Streets and Drainage" plans shall normally include signals, sidewalks, bike paths, entry drives, gates, and parking lots. "Landscaping" plans shall normally include irrigation improvements, landscape lighting and entry monuments. "Precise Grading" plans shall normally include perimeter walls. Plans for improvements not listed above shall be in formats approved by the City Engineer. 7. 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 from the City. 8. When final plans are approved by the City, the applicant shall furnish accurate AutoCad files of the complete, approved plans on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. At the completion of construction and prior to final acceptance of improvements, the applicant shall update the files to reflect as -constructed conditions. G:\WPDOCS\PC Reso 99 COAS D P.WPD 2 PLANNING COMMISSION RESOLUTION 2001-079 CONDITIONS OF APPROVAL SITE DEVELOPMENT PERMIT 2001-693 - 99 CENT STORE MAY 22, 2001 If the plans were not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the plans. GRADING 9. This development shall comply with Chapter 8.11 of the LQMC (Flood Hazard Regulations). If any portion of any proposed building lot in the development is or may be located within a flood hazard area as identified on the City's Flood Insurance Rate Maps, the development shall be graded to ensure that all floors and exterior fill (at the foundation) are above the level of the project (100-year) flood and building pads are compacted to 95% Proctor Density as required in Title 44 of the Code of Federal Regulations, Section 65.5(a) (6). Prior to issuance of building permits for lots which are so located, the applicant shall furnish certifications as required by FEMA that the above conditions have been met. 10. Prior to issuance of a grading permit, the applicant shall furnish a preliminary geotechnical ("soils") report and an approved grading plan prepared by a qualified engineer. The grading plan shall conform with the recommendations of the soils report and be certified as adequate by a soils engineer or engineering geologist. A statement shall appear on final maps (if any are required of this development) that a soils report has been prepared pursuant to Section 17953 of the Health and Safety Code. Slopes shall not exceed 3:1 in landscape areas unless otherwise approved by the City Engineer. 12. Prior to occupation of the project 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. 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. 13. The applicant shall maintain graded, undeveloped land to prevent wind and water erosion of soils. The land shall be planted with interim landscaping or provided with other erosion control measures approved by the Community Development and Public Works Departments. G:\WPDOCS\PC Reso99 COASDP.WPD 3 PLANNING COMMISSION RESOLUTION 2001-079 CONDITIONS OF APPROVAL SITE DEVELOPMENT PERMIT 2001-693 - 99 CENT STORE MAY 22, 2001 14. Prior to issuance of building permits, the applicant shall provide building pad certifications stamped and signed by qualified engineers or surveyors. For each pad, the certification shall list the approved elevation, the actual elevation, the difference between the two, if any, and pad compaction. The data shall be organized by lot number and listed cumulatively if submitted at different times. DRAINAGE 15. Applicant will provide an extension of the south bank Coachella Valley Storm Channel lining to the westerly property line as required by Coachella Valley Water District. 16. Stormwater handling shall conform with the approved hydrology and drainage plan for Jefferson Plaza, Specific Plan 96-027. Nuisance water shall be retained on -site and disposed of in an approved method. 17. The applicant shall indemnify the City from the costs of any sampling and testing of the development's drainage discharge which may be 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. The indemnification shall be executed and furnished to the City prior to issuance of any grading, construction or building permit and shall be binding on all heirs, executors, administrators, assigns, and successors in interest in the land within this tentative map excepting therefrom those portions required to be dedicated or deeded for public use. The form of the indemnification shall be acceptable to the City Attorney. UTILITIES 18. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within the right of way and all above -ground utility structures including, but not limited to, traffic signal cabinets, electrical vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. STREET AND TRAFFIC IMPROVEMENTS 19. Parking facilities shall conform to the requirements of LQMC Chapter 9.150 20. Improvements shall include appurtenances such as traffic control signs, markings and other devices. G:\WPDOCS\PC Reso99COASDP.WPD 4 PLANNING COMMISSION RESOLUTION 2001-079 CONDITIONS OF APPROVAL SITE DEVELOPMENT PERMIT 2001-693 - 99 CENT STORE MAY 22, 2001 21. The applicant may be required to extend improvements beyond development 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). 22. Improvements shall be designed and constructed in accordance with the LQMC, adopted standards, supplemental drawings and specifications, and as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 23. The applicant shall design street pavement sections using Caltrans' design procedure (20-year life) and site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows (or approved equivalents for alternate materials): Parking Areas 3.0" a.c./4.0" c.a.b. 24. 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. 25. The City will conduct final inspections of homes and other habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly -maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the tract or when directed by the City, whichever comes first. LANDSCAPING 26. Landscape and irrigation plans for landscaped areas shall be signed and stamped by a licensed landscape architect. The applicant shall submit plans for approval by the Community Development Department prior to plan checking by the Public Works Department. When plan checking is complete, the applicant shall obtain the signatures of CVWD and the G:\WPDOCS\PCReso99COAS D P.WPD 5 PLANNING COMMISSION RESOLUTION 2001-079 CONDITIONS OF APPROVAL SITE DEVELOPMENT PERMIT 2001-693 - 99 CENT STORE MAY 22, 2001 Riverside County Agricultural Commissioner prior to submitting for signature by the City Engineer. Plans are not approved for construction until signed by the City Engineer. 27. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn shall be minimized with no lawn or spray irrigation within 18 inches of curbs along public streets. QUALITY ASSURANCE 28. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 29. The applicant shall employ or retain qualified civil engineers, geotechnical engineers, surveyors, or other appropriate professionals to provide sufficient construction supervision to be able to furnish and sign accurate record drawings. The applicant shall arrange and bear the cost of measurement, sampling and testing procedures not included in the City's inspection program but required by the City as evidence that construction materials and methods comply with plans, specifications and applicable regulations. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all improvement plans which were signed by the City. Each sheet shall be clearly marked "Record Drawings," "As -Built" or "As - Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. The applicant shall revise the CAD or raster -image files previously submitted to the City to reflect as -constructed conditions. MAINTENANCE 32. The applicant shall make provisions for continuous, perpetual maintenance of all on -site improvements. FEES AND DEPOSITS 33. The applicant shall pay the City's established fees for plan checking and construction inspection. Fee amounts shall be those in effect when the applicant makes application for plan checking and permits. G:\WPDOCS\PC Reso 99 COASDP. WPD 6 PLANNING COMMISSION RESOLUTION 2001-079 CONDITIONS OF APPROVAL SITE DEVELOPMENT PERMIT 2001-693 - 99 CENT STORE MAY 22, 2001 34. Prior to approval of a final map or completion of any approval process for modification of boundaries of the property or lots subject to these conditions, the applicant shall process a reapportionment of any bonded assessment(s) against the property and pay the cost of the reapportionment. COMMUNITY DEVELOPMENT DEPARTMENT 35. Prior to issuance of the first building permit the building elevations shall be revised as follows (99 Cent Store excluded): A. The pilasters flanking the store fronts of each building shall be extended to the edge of sidewalk, and columns shall replace the pilasters to create a true arcade along the entire building facade. The roof of the arcade shall be equivalent in height to that shown for the 99 Cent Store, and shall be covered grey concrete tile, and echo the arcade of the Home Depot building. B. In order to provide a safe environment, the project proponent shall construct a wall from the northeast corner of Building "C" to the northwestern portion of the 99 Cent Store. This wall shall be 26 feet in height, and shall be integrated into the elevations as described above. C. Step the parapet along the entire rear elevation of all buildings. 36. The trash enclosure attached to Building "D" shall be relocated to ensure that it is adequately accessible to Waste Management of the Desert's vehicles. The revised location and design shall be reviewed and approved be the Community Development Department prior to the issuance of building permits for Building „D, 37. Amended elevations, landscaping, and site plan for retail Buildings "A", "B", "C" & "D" shall be submitted to the Planning Commission for review and approval prior to the issuance of building permits 38. Prior to the issuance of any building permit on the project site, the applicant shall submit to the Community Development Department, for review and approval, a photometric study which demonstrates that the parking lot lighting conforms to the Development Code. 39. All parking lot, landscaping and perimeter improvements shall be complete prior to the issuance of any final inspection for any building included in this approval. ...._�................nnnnncno anion 7 PLANNING COMMISSION RESOLUTION 2001-079 CONDITIONS OF APPROVAL SITE DEVELOPMENT PERMIT 2001-693 - 99 CENT STORE MAY 22, 2001 40. The maximum dimensions of the building -mounted sign of the 99 Cent Store shall not exceed 50 square feet with a maximum height of seven feet. 41. No other signage is permitted with this approval. Signage for other buildings and/or tenants shall be submitted as part of a master sign program prior to issuance of building permits for Buildings "A", "B", "C" and "D". COACHELLA VALLEY WATER DISTRICT 42. The project proponent shall install suitable facilities to prohibit public access to the Coachella Valley Stormwater Channel. 43. The project proponent shall obtain an encroachment permit from the District prior to any construction within the right-of-way of the Coachella Valley Stormwater Channel. This includes, but is not limited to, surface improvements, drainage inlets, landscaping and roadways. 44. This project shall be annexed to Improvement District Nos. 55 and 82 of the District for sanitation service. 45. Plans for grading, landscaping and irrigation systems shall be submitted to the District for review. G:\WPDOCS\PCReso99COASDP.WPD 8