CC Resolution 2006-013RESOLUTION 2006-013
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA, CALIFORNIA, APPROVING THE
DEVELOPMENT OF A ± 19,433 GROSS SQUARE
FOOT COMMERCIAL OFFICE BUILDING WITH 935
SQUARE FOOT COFFEE BAR, INCLUSIVE OF A
DEVELOPMENT AGREEMENT
VILLAGE USE PERMIT 2005-032
NISPERO PROPERTIES, INC.
WHEREAS, the City Council of the City of La Quinta, California, did on
the 7th day of February, 2006, consider Village Use Permit 2005-032 for a
± 19,433 gross square -foot commercial office building, to include a 935 square -
foot coffee bar use, inclusive of a Development Agreement (DA 2005-009), to be
located at the northwest corner of Main Street and Avenida La Fonda, more
particularly described as:
LOTS 68 & 77, MB 021 /060, DESERT CLUB TRACT UNIT #4
WHEREAS, the Planning Commission of the City of La Quinta,
California, did on the 10th day of January, 2006, adopt Planning Commission
Resolution 2006-002, recommending City Council approval of Village Use Permit
2005-032; and
WHEREAS, the Architecture and Landscape Review Committee of the
City of La Quinta, California, did on the 7th day of December, 2005, adopt Minute
Motion 2005-036, recommending approval of Village Use Permit 2005-032 to the
Planning Commission, subject to recommended conditions; and,
WHEREAS, said Village Use Permit application has complied with the
requirements of "The Rules to Implement the California Environmental Quality Act
of 1970" as amended (Resolution 83-63), in that the Community Development
Department has determined that the proposed Village Use Permit is exempt from
CEQA review under Guidelines Section 15332 (Infill Development); and,
WHEREAS, said Village Use Permit application has been filed in
conjunction with Development Agreement 2005-009, which requires approval by
the City Council, thereby requiring approval of the Village Use Permit by said City
Council as stipulated under Section 9.200.030.2, LQMC; and,
Resolution No. 2006-013
Village Use Permit 2005-032
Nispero Properties, Inc
February 7, 2006
Page 2
WHEREAS, at said Public Hearing, upon hearing, and considering all
testimony and arguments of all interested persons desiring to be heard, the City
Council did make the following mandatory findings to justify approving said Village
Use Permit.
1. The proposed. Village Use Permit 2005-032 is consistent with the La Quinta
General Plan, as it will not be developed in any manner inconsistent with the
General Plan land use designation of Village Commercial and other current
City. standards when considering the conditions to be imposed.
2. The proposed Village Use Permit 2005-027 is consistent with the
requirements and/or intent of the La Quinta Zoning Code, as the project
contemplates land . uses that. are substantially equivalent to those permitted
under existing zoning of permitted uses, and which were. previously
addressed in_ the EIR pertified for the General Plan. Specifically, development
of existing Village Commercial land is considered to implement zoning
consistency with the .General Plana Parking as provided, and secured through
the associated Development Agreement for this project, is consistent with
parking reduction allowances authorized in Section 9.15.0.050.D of the
Municipal Zoning Code.
3. The. proposed Village Use Permit 2005-032 complies with the requirements
of ."The Rules to Implementthe California Environmental Quality Act of
1970" as amended (City. Council Resolution 83-63), as. it has been
determined. that said Village Use Permit is exempt from CEQA review under
Guidelines Section 15332 (Infill Development), and that a Notice of
.Exemption. will be filed.
4. Approval of the proposed Village Use Permit 2005-032 will not create
conditions materially detrimental to the public health, safety and general
welfare, nor injurious to or incompatible with, other properties or land uses in
the vicinity. All immediately surrounding property is zoned for Village
Commercial Development, and .existing vacant properties to the north, south
and west are similarly zoned for Village Commercial uses. Property to the
east is developed with the City Library and Senior Center facilities.
Development of office and retail uses proximate to residential use in the
area. will not significantly impact the quality of life for area residents The
project uses, will provide services to area residents within walking distance,
and will augment existing City services at the Civic Center Campus area
Resolution No. 2006-013
Village Use Permit 2005-032
Nispero Properties, Inc
February 7, 2006
Page 3
Any credit for parking exercised should the applicant provide any parking on
Main Street will achieve the intent of providing additional parking in the
immediate area within the Village at La Quinta.
5. The architectural design aspects of the proposed Village Use Permit 2005-
032, including but not limited to, architectural style, scale, building mass,
materials, colors, architectural detailing, roof style and other elements, are
compatible with surrounding development and quality of design illustrated in
the Village at La Quinta Design Guidelines, past approved Village area
projects, and with the overall design quality prevalent in the City, with the
incorporation of the recommended conditions of approval.
6. The site design aspects of the proposed Village Use Permit 2005-032,
including but not limited to, project entries, parking provisions, interior
circulation, pedestrian access and amenities, screening and other elements,
are compatible with surrounding development and quality of design
illustrated in the Village at La Quinta Design Guidelines, and with the overall
design quality prevalent in the City, with the conditions to be incorporated.
7. The project landscaping for the proposed Village Use Permit 2005-032,
including but not limited to, location, size, type and coverage of plant
materials, has been reviewed to insure it is designed to provide visual relief,
complement the building, unify and enhance visual continuity of the site with
surrounding development, and is consistent with the concepts in the Village
at La Quinta Design Guidelines, with the conditions to be incorporated.
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 Village Use Permit 2005-032 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
Council, held on this the 7th day of February, 2006, by the following vote, to wit:
JU CREEK, CMC, Cit. erk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
M.. K THE NE JENSON, City Attorney
City of La Quinta, California
CITY COUNCIL RESOLUTION NO. 2006-013 EXHIBIT "A"
CONDITIONS OF APPROVAL - FINAL
VILLAGE USE PERMIT 2005-032
NISPERO PROPERTIES, INC.
FEBRUARY 7, 2006
GENERAL CONDITIONS OF APPROVAL
1. Village Use Permit 2005-032 (VUP 2005-032) shall be developed in compliance
with these conditions and all approved site plan, elevation, color, materials and
other approved exhibits submitted for this application, and any subsequent
amendment(s). In the event of any conflicts, these conditions shall take
precedence. In the event the Development Agreement referenced in Condition
#55 is not entered into, this Village Use Permit approval is null and void.
2. This approval shall expire two years after its effective date, as determined
pursuant to Section 9.200.060.0 of the Zoning Code, unless extended pursuant
to the provisions of Section 9.200.080.
3. 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 developer of any claim, action or proceeding
and shall cooperate fully in the defense.
4. Prior to the issuance of any permit by the City, the applicant shall obtain the
necessary permits and/or clearances from the following agencies:
• Riverside County Fire Marshal
• La Quinta Building and Safety Department
• La Quinta Public Works Department (Grading/ Improvement/Encroachment
Permits)
• La Quinta Community Development Department
Riverside County Environmental Health Department
• Desert Sands Unified School District
• Coachella Valley Water District (CVWD)
• Southern California Gas Company
• Imperial Irrigation District (IID)
• California Water Quality Control Board (CWQCB)
• Waste Management of the Desert
Resolution No. 2006-013
Conditions of Approval -Final
Village Use Permit 2005-032
February 7, 2006
Page 2
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.
5. The applicant shall comply with applicable provisions of the. _City's NPDES
stormwater discharge permit, Sections 8.70.01.0 et seq. (Stormwater
Management and Discharge Controls) and 13.24.170 (Clean Air/Clean Water);
LQMC; Riverside County. Ordinance No. 457; and the State Water Resources
Control Board's Order No. 99-08-DWQ.
6. Handicap access and facilities:. shall be. provided in accordance with Federal
(ADA), State and local requirements. Handicap accessible parking shall generally
conform to the approved exhibits for VUP 2005-032.
7. All parking area civil plans and improvements shall be developed in accordance
with the standards set forth in applicable portions of Section 9.150.080 of the
Zoning Code, and these conditions, which shall take precedence in the event of
any conflicts with said Section. Any on -street parking/street improvement plans
for Main Street, if submitted, shall be reviewed and approved by the Public Works
Department, as to acceptable design standards. Any deviation from standards as
applicable under Section 9.150.080 of the Zoning Code, may be approved by the
Community Development and Public Works Departments, as part of the
improvement plan review process.
PROPERTY RIGHTS
8. 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 rightsshall include irrevocable offers to
dedicate or grant access easements to the City for emergency services and for
maintenance, construction and reconstruction of essential improvements.
9. The applicant shall offer for dedication all public street right-of-ways in
conformance with the City's General Plan, Municipal Code, applicable specific
plans, and/or as required by the City Engineer.
10. The public street right-of-way offers for dedication required for this development
include:
Resolution No. 2006-013
Conditions of Approval - Final
Village Use Permit 2005-032
February 7, 2006
Page 3
A. PUBLIC STREETS
1) Avenida La Fonda (Local Street, 60' ROW) — The standard 35 feet
from the centerline of Avenida La Fonda for a total 60-foot ultimate
developed right of way.
11. The applicant shall offer for dedication those easements necessary for the
placement of, and access to, utility lines and structures, drainage basins, mailbox
clusters, and common areas shown on the Village Use Permit.
12. Direct vehicular access from any portion of the site with frontage along Avenida
La Fonda and Main Street is restricted, except for those access points identified
on the approved site plan, or as otherwise conditioned in these conditions of
approval.
13. 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.
14. The applicant shall cause no easements to be granted, or recorded, over any
portion of the subject property, between the date of approval of this Village Use
Permit and the date of final acceptance of the on -site and off -site improvements
for this Village; Use Permit, unless such easements are approved by the City
Engineer.
15. Upon approval of this Village Use Permit, the applicant shall begin right-of-way
vacation of the; existing remnant public right-of-way at the corner of Avenida La
Fonda and Main Street (Avenida Buena Ventura).
16. Applicant shall process a parcel merger, in order to incorporate Lots 68 and 77
into one parcel. The merger shall have been recorded prior to issuance of a permit
for the main building.
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.
Resolution No. 2006-013
Conditions of Approval Final
Village Use Permit 2005-032
February 7, 2006
Page 4
17. 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 Section 13.24.04.0 (Improvement Plans), LQMC.
18. The following improvement .plans shall be prepared and submitted for review.. and
approval by the City. 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 Rough Grading Plans ill = 30' Horizontal
. B. PM10 Plan iff = 40' Horizontal
C. SWPPP 1' = 40' Horizontal
NOTE: A through C to be submitted concurrently.
D.On-Site Precise Grading Plans (Commercial Development)
ill 30' Horizontal
Other engineered improvement plans prepared for City approval: that are not listed
above shall be prepared in formats approved by the City Eng.ineer prior to
commencing plan preparation.
On -Site Precise Grading Plans shall normally include all on -site surface
improvements including but not necessarily limited to finish grades for curbs &
gutters, sidewalks, building floor elevations, parking lot improvements' and ADA
requirements for the parking. lot and access to the building; and showing the
existing street improvements out to at least the center lines of adjacent existing
streets, including ADA accessibility route to surrounding buildings, parking
facilities and public. streets.
19. The City maintains standard plans, details and/or construction notes for elements
of construction on the Public Works Online Engineering Library at the City
website (www.la-quinta.org). Navigate to the Public Works Department home
page and look for the Online Engineering Library hyperlink.
Resolution No. 2006-013
Conditions of Approval - Final
Village Use Permit 2005-032
February 7, 2006
Page 5
20. The applicant shall furnish a complete set of the AutoCAD files of all approved
improvement plans on a storage media acceptable to the City Engineer. The files
shall be saved in a standard AutoCAD format so they may be fully retrievable
through a basic AutoCAD program.
At the completion of construction, and prior to the final acceptance of the
improvements by the City, the applicant shall update the AutoCAD files in order
to reflect the as -built conditions.
Where the improvement plans were not produced in a standard AutoCAD format,
or a file format that can be converted to an AutoCAD format, the City Engineer
will accept raster -image files of the plans
�RAniNn
21. 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.
22. To obtain an approved grading permit, the applicant shall submit and obtain
approval of all of the following:
A. A precise grading plan prepared by a qualified engineer or architect,
B. A preliminary geotechnical ("soils") report prepared by a qualified
engineer,
C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16
(Fugitive Dust Control), LQMC.
All grading shall conform to the recommendations contained in the Preliminary
Soils Report, and shall be certified as being adequate by a soils engineer, or by an
engineering geologist.
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.
23. The applicant shall maintain all open graded, undeveloped land to prevent wind
and water erosion of soils. All such land shall be planted with interim landscaping
or provided with other erosion control measures as approved by the Public Works
Departments under the Fugitive Dust Control Plan.
Resolution No. 2006-013
Conditions of Approval Final
Village Use Permit 2005-032
February 7, 2006
Page 6
24. Prior to issuance of the .main building permit, the applicant shall provide a 16t pad
certification, stamped and signed by qualified engineers or surveyor.
DRAINAGE
25. Nuisance water. shall be retained onsite and disposed of in a manner acceptable
to the City Engineer.
UTILITIES
26. 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.
27. 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 of the City Engineer.
28. Prior to issuance of any building permit, the applicant shall provide evidence to
the Public Works Department, ;of vacation of the existing 10-foot PUE along. the
common lot line of lots 68 and 77, along with any relocated easement(s) as may
be required. Any in -ground utilities shall be relocated to the satisfaction of the
purveyor of record, and the City Engineer
STREET AND TRAFFIC IMPROVEMENTS
29. The applicant. shall comply with the provisions of Sections 13.24.060 :(Street
Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For.
Individual Properties And Development), LQMC for public streets.
30 No additional street improvements are required, except for:
Resolution No. 2006-013
Conditions of Approval - Final
Village Use Permit 2005-032
February 7, 2006
Page 7
A. Avenida La Fonda
1) A five-foot wide sidewalk next to the curb along the property
boundary with corner improvements and curb ramp per Standard
250 — Case A.
B. Main Street
1) A minimum five-foot wide sidewalk next to the curb along the
property boundary, to consist of enhanced design materials (e.g.
colored/stamped concrete, pavers, etc.) and to include provision for
landscaped areas. The sidewalk design shall provide for minimum
clearances of 4 feet for ADA accessibility. It is acknowledged that
the applicant may submit street improvement plans for Main Street,
to accommodate on -street parking along the inside curve (west
side), but is not required to do so. Any such improvement plans
shall be subject to review and approval by the Community
Development and Public Works Departments, as specified in
Condition 7. Generally, said plans shall be based on a 4-foot curb
inset to the west from existing curb line along Main Street, for an
18-foot half -width pavement section, as measured from centerline
to gutter flow line, along the project frontage.
PARKING LOTS AND ACCESS POINTS
31. The applicant shall conform to LQMC Chapter 9.150, relating to drive isle width,
parking stall dimensions, and parking stall marking design requirements. Parking
space markings shall be double four inch wide hairpin stripes as specified in
LQMC Chapter 9.150. Exceptions to parking lot development standards shall be
as shown on the plans and as set forth in these Conditions, which shall take
precedence.
32. 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.
33. 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.
Resolution No. 2006-013
Conditions of Approval —Final
Village Use Permit 2005-032
February 7, 2006
Page 8
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.
34. General. access points and turning movements of traffic are limited to the
proposed access driveways on Main Street and Avenida La Fonda. All turn
movements are permitted.
35. The entry driveway throat and parking aisle shall be permitted to be constructed
as. designed on the approved plans, at the depths as shown and 26 feet in width
rather than the required28 feet, as permitted. under Section 9.65.030.A.3.a, in
order to retain the parking space count of 49 on -site spaces. Use of wheel stops
is not permitted.
36. A total space count of 49 parking stalls, including handicapped parking spaces,
shall be provided. A minimum of 16 spaces shall be maintained as covered
parking, to be designed and located as required under Section .9.150.080.B.5,
LQMC.
37. Design and final location of the two trash enclosures shall be reviewed and
approved by Waste Management., with the written and/or stamped plan
approval to be submitted during the building plan check process. No permits for
these facilities shall be issued without said approval.
38. A minimum four -foot high screen wall shall be provided at ' the west property
line. The wall design shall be consistent with the materials and colors used on
the main structure, subject to review and approval by Community Development
This shall be shown on the civil and landscape plans as submitted for plan
check. -
LANDSCAPING
39. On -site and off -site (streetscape) landscape, landscape lighting and irrigation
plans shall be submitted for approval by the Community Development
Department. Plans shall be in substantial conformance with the conceptual
landscaping as approved for the project by Planning Commission. When plan
checking is complete, the applicant shall obtain the signatures of CVWD and the
Resolution No. 2006-013
Conditions of Approval - Final
Village Use Permit 2005-032
February 7, 2006
Page 9
Riverside County Agricultural Commissioner prior to submitting for final
acceptance by the Community Development Department.
40. The Silk trees located along the west property line shall be replaced with a non -
deciduous (evergreen) variety, to be approved as part of the landscape plan
check process.
41. The Phoenix Dactylifera species (Date Palms) to be used shall be purchased from
within the Coachella Valley, per the requirement of the Riverside County
Agricultural Commissioner.
QUALITY ASSURANCE
42. The applicant shall employ construction quality -assurance measures which meet
the approval of the City Engineer.
43. The applicant shall employ or retain qualified engineers, surveyors, or other
appropriate professionals as are required to provide the expertise with which to
prepare and sign accurate record drawings, and to provide adequate construction
supervision.
44. The applicant shall arrange for, and bear the cost of, all 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 employed
comply with plans, specifications and other applicable regulations.
45. Upon completion of construction, 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," "As -Built" or
"As -Constructed" 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 AutoCAD or raster -image files previously submitted to the City revised
to reflect the as -built conditions.
FEES AND DEPOSITS
46. 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.
Resolution No. 2006-013
Conditions of Approval -.Final
Village Use Permit 2005-032
February 7, 2006
Page 10
47. Provisions shall be made to comply with the terms and requirements of the City`s
adopted Art in Public Places program in effect at the time of issuance of building
permits.
48. Permit(s) issued under '.this approval shall be subject to the provisions of the
Development Impact Fee program in effect at the time said permit(s) are issued.
49. Prior to the issuance of any building permit for the Site, the applicant shall pay
the up -front parking fees, in the manner and amount as specified in the
Development Agreement for Village Use Permit 2005-032.
FIRE PROTECTION
50. 'Specific fire protection requirements will be determined when final building plans
are submitted for review. Final conditions will `.be addressed when building plans
are submitted. A plan check fee must be paid to the Fire Department at the time
building plans are submitted.
MISrFI I AN11= 11 1q
51. The applicant shall submit a detailed project area lighting plan. Parking lot lighting
is required, and shall meet the criteria set forth in Section 9.150.080.K, LQMC.
All pole -mounted light standards shall conform to lighting standards as in effect
when plans are reviewed. Under canopy Fighting for building areas shall
incorporate flush lens caps or similar recessed ceiling Fighting.
The lighting plan shall be submitted for review at the time construction plan
check for the permanent building permit is made to Building and Safety.
52. A comprehensive sign program shall be submitted for, review and approval by the
Planning Commission prior to establishment of any individual tenant signs for the
project. Provisions of the sign program shall be in compliance with applicable
sections of Chapter 9.160 of the Zoning Code. No signs shall be permitted to be
placed on any portion of the roof projections or balcony railings along Main
Street, and the west elevation.
53. All roof -mounted mechanical equipment must be internal to the roof design, or
screened as an integral part of the roof structure, in a manner so as not to be
visible from surrounding properties and streets. Working drawings showing all
such equipment and locations shall be submitted to the Building and Safety
Resolution No. 2006-013
Conditions of Approval - Final
Village Use Permit 2005-032
February 7, 2006
Page 11
Department along with the construction plan submittal for building permits. The
method and design must be approved by the Community Development
Department, prior to any issuance of the main structural building permit.
54. The building plans submitted for plan check shall incorporate the following
revisions:
A. The west elevation for the coffee shop portion of the building shall be
modified to lower the stone veneer work, and add arched windows, and/or
similar detailing, compatible with the main building.
B. Wrought iron railings used on the project shall reflect more of a hand-
crafted detailing, similar to the photo exhibit examples in the approved
plan set, as opposed to the standard appearance of railings as represented
in the architectural renderings and elevations.
C. The proposed sign monument shall be reviewed as part of the sign
program, as required by Condition 52. The monument shall be similar in
design to the photo exhibit example of the fountain, contained in the
approved plan exhibits.
55. It is understood by the Applicant that Nispero Properties, Inc, by payment of a
deposit in the amount of $5,000 on 12/21 /05, has entered into an Agreement
with the City relating to preparation and possible approval of a Development
Agreement for the purpose of clarifying the applicant's parking obligations
associated with development of Village Use Permit 2005-032. This Village Use
Permit shall not be effective unless and until the Development Agreement has
been approved by the City Council and recorded; the applicant further
understands that the City Council may choose to reject entering the Development
Agreement or modify its contents. While this approval will not be effective until
such time as a Development Agreement may become effective, the time limits
associated with approval of VUP 2005-032 shall be in effect with respect to
expiration, as stated under Condition #2.
56. The permitted office and coffee bar uses shall be limited to those of a general
intensity, consistent with the parking ratios of 1 space per 250 s.f. of office and
1 space per 150 s.f. of retail food with ancillary seating. This precludes use of
any office space as a medical office use, and retail food with ancillary seating
space for sit-down restaurant use, unless shared parking or tenant space
reductions are determined to maintain the approved parking ratios for this
building, or the Development Agreement is amended to allow payment of per -
space fees to increase any use intensity for the project.