PCRES 1991-023PLANNING COMMISSION RESOLUTION 91-023
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF LA QUINTA, CALIFORNIA,
APPROVING PUBLIC USE PERMIT 91-010 TO
ALLOW THE CREATION OF A PRESCHOOL/CHILD
CARE CENTER ON A 1.8 ACRE SITE
CASE NO. PUP 91-010 - MICHAEL & GLENDA BANGERTER
(LA QUINTA LITTLE SCHOOL)
WHEREAS, the Planning Commission of the City of La
Quinta, did, on the 9th day of July, 1991, hold a duly noticed
Public Hearing and continued hearings on July 23, and August
13, 1991, to consider the request of Glenda & Michael Bangerter
to build a preschool/child care center generally located on the
south side of Sagebrush Avenue extension east side of Date Plalm
Drive, more particularly described as:
PARCELS 3 AND 4 TOGETHER WITH LETTERED
LOT "C" OF PARCEL MAP 20862, RECORDED
IN BOOK 133 PAGES 17 AND 18 OF MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID
RIVERSIDE COUNTY
WHEREAS, said Public Use Permit has complied with
the requirements of "The Rules to Implement the California
Environmental Quality Act of 1970" (County of Riverside,
Resolution No. 82-213, adopted by reference in City of La
Quinta Ordinance No. 5), in that the Planning Director has
determined after initial study that the preschool/child care
center will not have a significant adverse impact on the
environment; and,
WHEREAS, mitigation of various physical impacts
have been identified and incorporated into the approval
conditions for Public Use Permit 91-010, thereby requiring that
monitoring of those mitigation measures be undertaken to assure
compliance with them; and,
WHEREAS, at said public hearing and upon hearing
and considering all testimony and arguments of all interested
persons desiring to be heard, said Planning Commission did find
that the following facts exist to justify this approval of said
Public Use Permit:
1. That Public Use Permit 91-010, as conditionally approved,
is generally consistent with the goals, policies and
intent of the La Quinta General Plan for land use
density, unit type, circulation requirements, R-2 Zoning
District development standards, and design requirements
of the Subdivision Ordinance.
RESOPC.022/CS -I-
2. That the subject site is fairly level with the east being
the lowest part of the site. The proposed circulation
design and building layout, as conditioned, are,
therefore, suitable for development.
3. That the proposed buildings, as conditionally approved,
will be developed with adequate waste systems and water,
and therefore, are not likely to cause serious public
health problems.
4. That the site layout of Public Use Permit 91-010 will not
conflict with easements acquired by the public at large
for access through the project, since alternate easements
for access and for use have been provided that are
substantially equivalent to those previously acquired by
the public.
5. That the proposed Public Use Permit 91-010, as
conditioned, provides for adequate maintenance of the
landscape common areas.
6. That the proposed Public Use Permit 91-010, as
conditioned,. provides for storm water to be channeled
into the adjoining CVWD storm water channel, and noise
mitigation.
7. That the development of Public Use Permit 91-010, as
conditioned, will not be detrimental to the health,
safety and general welfare of the community.
8. That the traffic study done for this project concluded
that this project will not cause an excessive amount of
traffic in the surrounding area.
9. That general impacts from the proposed day care center
were considered within the MEA prepared and adopted in
conjunction with the La Quinta 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 correct and
constitute the findings of the Commission in this case;
2. That it does hereby confirm the conclusion of
Environmental Assessment 91-203, relative to the
environmental concerns of this Public Use Permit;
3. That the Planning Commission does hereby approve the
subject Public Use Permit 91-010 for the reasons set
forth in this Resolution and subject to the attached
conditions.
RESOPC.022/CS -2
PASSED, APPROVED and ADOPTED at a regular meeting
of the La Quinta Planning Commission, held on this 13th day of
August, 1991 by the following vote, to wit:
AYES: Commissioners Ellson, Ladner, Mosher, Chairwoman
Barrows
NOES: None
ABSENT: Commissioner Marrs
ABSTAIN: None
ATTEST:
N, Planning Director
o La Quinta, California
KATIE BARROWS, Chairwoman
City of La Quinta, California
RESOPC.022/CS
-3-
PLANNING COMMISSION RESOLUTION 91-023
CONDITIONS OF APPROVAL - FINAL
PUBLIC USE PERMIT 91-010; GLENDA & MICHAEL BANGERTER
AUGUST 13, 1991
* Amended by Planning Commission 8-13-91
** Added by Planning Commission 8-13-91
GENERAL CONDITIONS OF APPROVAL
1. Development of the site shall comply with approved
Exhibits as contained in the Planning Department's file
for Public use Permit No. 91-010 and the following
conditions which shall take precedence in the event of
any conflict with these exhibits.
2. Public Use Permit 91-010 shall comply with the
requirements and standards of the State Subdivision Map
Act and the City of La Quinta Land Division and Zoning
Ordinance, unless otherwise modified by the following
conditions.
3. This approval shall be used within two (2) years after
final approval. Otherwise, it shall become null and void
and of no effect whatsoever. The term "use" shall mean
the beginning of substantial construction of permanent
buildings (not including grading) authorized by this
permit, which construction shall thereafter be pursued
diligently to completion.
Prior to expiration of the permit, the Applicant may
apply to the Planning & Development Department for an
extension of time in which to use the permit, with the
total time of approval not to exceed a period of three
(3) years.
4. Construction of the future buildings and facilities
authorized under this permit shall begin within five
years after the final approval by the La Quinta City
Council, which construction shall thereafter be pursued
diligently to completion; otherwise, approval of those
unobstructed or uncompleted portions of the development
authorized under Public Use Permit 91-010 shall become
null and void and of no effect whatsoever. Application
for reapproval can be made to the Planning & Development
Department.
5. The City shall retain a qualified archaeologist, with the
Developer to pay costs, to prepare a mitigation and
monitoring plan for artifact location and recovery.
Prior archaeological studies for this site as well as
other unrecorded information shall be analyzed prior to
the preparation of the plan.
CONAPRVL.019/CS -1
At a minimum, the plan shall: (1) identify the means for
digging test pits; and (2) provide for further testing if
the preliminary results show significant material are
present. The final plan shall be submitted to the
Planning and Development Department for final review and
approval.
Prior to the issuance of a grading permit, the Developer
shall have retained a qualified cultural resources
management firm and completed the testing and data
recovery as noted in the plan. The management firm shall
monitor the grading activity as required by the plan or
testing results.
A list of the qualified archaeological monitor(s),
cultural resources management firm employees, and any
assistant s)/representative(s), shall be submitted to the
Planning and Development Department. The list shall
provide the current address and phone number for each
monitor. The designated monitors may be changed from
time to time, but no such change shall be effective
unless served by registered or certified mail on the
Planning and Development Department.
The designated monitors or their authorized
representatives shall have the authority to temporarily
diver, redirect, or halt grading activity to allow
recovery of resources. In the event of discovery or
recognition of any human remains, there shall be no
further grading, excavation, or disturbance of the site
or any nearby area reasonably suspected to overlie
adjacent human remains until appropriate mitigation
measures are completed.
Upon completion of the data recovery, the Developer shall
cause three copies of the final report containing the
data analyses to be prepared and published and submitted
to the Planning and Development Department.
6. A noise study shall be prepared by a qualified acoustical
engineer, to be submitted to the Planning & Development
Department for review prior to building permit issuance.
The study shall concentrate on noise impacts from this
project, particularly noise from the outdoor play areas
on surrounding areas and on this project from perimeter
arterial streets, and recommend alternative mitigation
techniques. Recommendations of the study shall be
incorporated into the project layout. The study shall
consider use of building setbacks, engineering design,
building orientation, noise barriers (berming, walls, and
landscaping, etc.), and other noise retention
techniques. Noise study and mitigation techniques shall
be approved by the Planning Commission.
CONAPRVL.019/CS -2-
7. Prior to grading permit issuance, the Applicant shall pay
the required mitigation fees for the Coachella Valley
Fringe -Toed Lizard Habitat Conversion Program, as adopted
by the City, in the amount of $600 per acre of disturbed
land.
8. Prior to the issuance of a building permit for
construction of any building or use contemplated by this
approval, the Applicant shall obtain permits and/or
clearances from the following public agencies:
o City Fire Marshall
o City of La Quinta Public Works Department
o Planning & Development Department
o Coachella Valley Water District
o Desert Sands Unified School District
o Imperial Irrigation District
o Riverside County Office of Education
Evidence of said permits or clearances from the
above -mentioned agencies shall be presented to the
Building and Safety Department at the time of the
application for a building permit for the use
contemplated herewith.
9. Provisions shall be made to comply with the terms and
requirements of the City's adopted Infrastructure Fee
Program in effect at the time of issuance of building
permits.
10. The appropriate Planning approval shall be secured prior
to establishing any signs other that the sign approved as
part of the Public Use Permit.
11. Prior to the issuance of a grading permit, the Applicant
shall prepare and submit a written report to the Planning
and Development Director demonstrating compliance with
those conditions of approval and mitigation measures of
Environmental Assessment 91-203 and Public Use Permit
91-010 which must be satisfied prior to the issuance of a
grading permit. Prior to the issuance of a building
permit, the Applicant shall prepare and submit a written
report to the Planning and Development Director
demonstrating compliance with those conditions of
approval and mitigation measures of Environmental
Assessment 91-203 and Public Use Permit 91-010, which
must be satisfied prior to the issuance of a building
permit.
Prior to final building inspection approval, the
Applicant shall prepare and submit a written report to
the Planning and Development Director demonstrating
compliance with all remaining conditions of approval and
mitigating measures of Environmental Assessment 91-203
and Public Use Permit 91-010. The Planning and
Development Director may require inspection or other
monitoring to assure such compliance.
CONAPRVL.019/CS -3-
BUILDING DESIGN
12. The proposed building complex shall comply with all the
R-2 zoning requirements, including parking requirements
and setback restrictions.
13. Approval plans for Phase 2 & 3 shall follow the public
use permit approval procedure.
Prior to the submittal of any application for building
permits for Phase 2 & 3 construction, the Applicant shall
submit to the Planning and Development Department, the
following plans:
o Floor and elevation plans of the structures
o Site plan delineating locations of the
building(s), walkways, walls, etc.
o Landscaping and irrigation plan delineating
plant type, size, spacing and location.
o Exterior lighting plan showing the type and
location of all exterior lights.
Based upon this review, additional parking may be
required as a condition for issuance of a building permit.
WALLS, FENCING SCREENING, AND LANDSCAPING
14. Prior to issuance of any grading permits, the Applicant
shall submit to the Planning and Development Department
an interim landscape program for the entire parcel, which
shall be for the purpose of wind erosion and dust
control. The land owner shall institute blowsand and
dust control measures during the grading and site
development. These shall include, but not be limited to:
a. The use of irrigation during any construction
activity.
b. Planting of cover crop or vegetation upon
previously graded but undeveloped portions of the
site.
C. Provisions of wind breaks or wind rows, fencing,
and/or landscaping to reduce the effects upon
adjacent properties and property owners. The land
owner shall comply with requirements of the
Directors of Public Works and Planning and
Development. All construction and graded areas
shall be watered at least twice daily while being
used to prevent the emission of dust and blowsand.
CONAPRVL.019/CS -4-
15. Prior to building permit issuance, the Applicant shall
submit to the Planning Department for review and approval
by the Design Review Board final plan (or plans) showing
the following:
a. Landscaping, including plant types, sizes, spacing,
location, and irrigation system for all retention
basin, landscape buffer, and entry areas. Desert
or native plant species and drought resistant
planting material shall be incorporated into the
landscape plan. Lawn use shall be minimized and
not used adjacent to curb. No spray heads shall be
used adjacent to curb. Areas for future Phases 2 &
3 shall be planted with wildflowers or other
appropriate cover.
b. Location and design detail of any proposed and/or
required wall and meandering sidewalk. Plans to
include 3 1/2 foot high decorative masonry wall
along Date Palm Drive to screen parking lot surface
from street.
C. Exterior lighting plan, emphasizing minimization of
light glare impacts to surrounding properties.
The lawn area of the project adjacent to streets shall be
reduced subject to review by the Planning and Development
Department.
16. The approved landscaping and improvements shall be
installed prior to the issuance of a Certificate of
Occupancy. The landscaping shall be maintained in a
healthy and viable condition for the life of the project.
17. Those portions of the site designated for future
buildings shall be planted with a perennial wildflower
mix which shall be maintained in a viable condition until
such time that construction occurs.
18. The Applicant shall comply with the La Quinta Outdoor
Light Control Ordinance. Parking lot and exterior
walkway lights shall be no higher than 6 feet, shielded &
pointed away from the residential areas to the west.
PUBLIC SERVICES AND UTILITIES
19. The applicant shall comply with all the requirements of
the City Fire Marshal as stated in the memo dated June 4,
1991, including the following:
a. Provide or show there exists a water system capable
of delivering 1500 gpm for a 2 hour duration at 20
psi residual operating pressure which must be
available before any combustible material is placed
on the job site. Fire flow is based upon building
begin equipped with automatic fire sprinklers.
CONAPRVL.019/CS -5-
b. The required fire flow shall be available from
_ Super hydrant(s) (6" x 4" x 2 1/2" x 2 1/2")
located not less than 25' nor more than 165' from
any portion of the building(s) as measured along
approved vehicular travelways.
C. Prior to issuance of building permit
applicant/developer shall furnish one blueline copy
of the water system plans to the Fire Department
for review/approval. Plans shall conform to the
fire hydrant types, location and spacing, and the
system shall meet the fire flow requirements.
Plans shall 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.
The required water system including fire hydrants
shall be installed and operational prior to the
start of construction. r
d. Install a complete fire sprinkler system per NFPA
13. The post indicator valve and fire Department
connection shall be located to the front, within 50
feet of a hydrant, and a minimum of 25 feet from
the building(s). System plans must be submitted
with a plan check/inspection fee to the Fire
Department for review. A statement that the
building(s) will be automatically fire sprinklered
must be included on the title page of the building
plans.
e. Install portable fire extinguishers per NFPA,
Pamphlet #10, but not less than 2AlOBC in rating.
Contact certified extinguisher company for proper
placement of equipment.
f. Comply with Title 19 of the California
Administrative Code.
g. Install Panic Hardware and Exit signs as per
Chapter 33 of the Uniform Building Code.
h. Certain designated areas will be required to be
maintained a fire lanes.
i. Install a Fire Alarm System per NFPA 71 & 72.
CONAPRVL.019/CS -6-
j. This project may require licensing and/or review
by State agencies. Applicant should prepare a
letter of intent detailing his proposed usage to
facilitate case review. Contact should be made
with the Office of the State Fire Marshal
(818-960-6441) for an opinion and a classification
of occupancy type. This information and a copy of
the letter of intent should be submitted to the
Fire Department so that proper requirements may be
specified during the review process.
20. The Applicant shall comply with all requirements of the
Coachella Valley Water District including the
construction of a fence along the La Quinta Storm Channel.
21. The trash enclosure shall be located in accordance with
Waste Management of the Desert, Engineering, and Planning
& Development Department requirements. The trash
enclosure shall be large enough to accommodate both
refuse and recycling bins.
ENGINEERING CONDITIONS
22. The Applicant shall construct off-street parking lot
improvements in accordance with the La Quinta Municipal
Code.
23. The Applicant shall landscape and maintain the parkway
area behind the curbs in accordance with plans approved
by the Planning Director and Public Works Director.
24. The Applicant shall submit a copy of the proposed
grading, landscaping and irrigation plans to the
Coachella Valley Water District for review and comment
with respect to the District's Water Management Program.
25. The Applicant shall dedicated the northerly 30 feet of
the site to the City of public right-of-way, as required
by the City Engineer for the extension of Sagebrush
Avenue into TT 25154, unless the access route to
Tentative Tract 25154 is revised and the map is recorded
accordingly. In lieu of recordation of Tract 25154 with
a revised access scenario, a waiver of access rights to
Sagebrush Avenue from the owner of said land may be
provided along with an access easement across the land
contiguous to the northerly or easterly boundary of
Tentative Tract 25154.
26. If the northerly 30 feet of the site is not needed for
access to Tentative Tract 25154, the Applicant shall
obtain an extinguishment of the road easements reserved
by the Desert Club and Harvey Karp across the site, or
provide a new access easement through the site to the
easement owners. The new easement, if provided, shall
geometrically conform to on -site improvements that
provide vehicular access.
CONAPRVL.019/CS -7-
The Applicant shall obtain extinguishments of the public
utility and pipe line easements or refrain from
installing any structure within the easement that would
prevent reasonable use of the easement by the easement
owner. The Applicant shall obtain, if required by the
City Engineer, a consent letter from the easement owner
to install a structure in the easement if in the event
the structure appears to prevent reasonable use of the
easement by the easement owner.
27. The Applicant shall have street improvement plans
prepared by a registered civil engineer. Street
improvements shall be designed and constructed as
required by these conditions of approval, the La Quinta
Municipal Code and adopted Standard Drawings, and City
Engineer and shall include all appurtenant components
required by same, except mid -block street lighting, such
as but not limited to traffic signs and channelization
markings, street name signs, sidewalks, and raised
medians where required by the City's General Plan.
Street design shall take into account the soil strength,
anticipated traffic loading, and design life. •The
minimum structural section for residential streets shall
be 3" AC over 4" Class 2 Base.
Miscellaneous incidental improvements and enhancements to
existing improvements where joined by the newly required
improvements shall be designed and constructed as
required by the City Engineer to assure the new and
existing improvements are appropriately integrated to
provide a finished product that conforms with City
standards and practices. This includes tapered
off-street transitions that extend beyond sit boundaries
and join the widened and unwidened street sections.
The following specific street widths shall be constructed
to conform with the General Plan street type noted
therewith:
a) Date Palm Drive (portion contiguous to site):
20-foot wide half width Local Street.
b. Sagebrush Avenue (knuckle at intersection of Date
Palm Drive): Outer curb and half -width pavement
for Local Street.
28. Applicant shall obtain an irrevocable encroachment permit
from Coachella Valley Water District for the hammerhead
turnaround area located in the La Quinta Evacuation
Channel service road area.
29. The site grading plan shall be prepared by a registered
civil engineer and approved by the City Engineer prior to
issuance of a grading permit.
CONAPRVL.019/CS -8-
30. The site shall be graded in a manner that the building
pad elevations are less than three feet above the Date
Palm Drive top of curb.
31. The site and street improvement shall be graded to drain
into the La Quinta Evacuation Channel. Applicant shall
install outfall structure(s) to channel in accordance
with Coachella Valley Water District requirements.
32. The Applicant shall retain a California registered civil
engineer, or designate one who is on the Applicant's
staff, to exercise sufficient supervision and quality
control during construction of the site grading and
improvements to insure compliance with the plans,
specifications, applicable codes, and ordinances. The
engineer retained or designated by the applicant and
charged with the compliance responsibilities shall make
the following certifications upon completion of
construction:
a) All grading and improvements were properly
monitored by qualified personnel during
construction for compliance with the plans,
specifications, applicable codes, and ordinances
and thereby certify the grading to be in full
compliance with those documents.
b) The finished elevations conform with the approved
grading plans.
33. A thorough preliminary engineering, geological, and soils
engineering investigation shall be conducted with a
report submitted for review along with grading plan. The
report recommendations shall be incorporated into the
grading plan design prior to grading plan approval. The
soils engineer and/or the engineering geologist must
certify to the adequacy of the grading plan.
34. All proposed electric power lines adjacent to the
proposed site or on -site shall be installed in
underground facilities.
35. All underground utilities shall be installed, with
trenches compacted to City standards, prior to
construction of any street improvements. A soil engineer
retained by the Applicant shall proved certified reports
of soil compaction tests for review by the City Engineer.
36. The Applicant shall pay all fees charged by the City as
required for processing, plan checking and construction
inspection. The fee amount(s) shall be those which are
in effect at the time the work is undertaken and
accomplished by the City.
37. An encroachment permit for work in any abutting local
jurisdiction shall be secured prior to constructing or
joining improvements.
CONAPRVL.019/CS -9-
38. The Applicant shall construct or enter into a secured
agreement to construct the street improvement prior to
issuance of a grading permit.
*39. The Applicant shall pay a proportional share of the cost
to design and install the traffic signal proposed at
Sagebrush Avenue and Washington Street when average daily
traffic (ADT) reaches 850 as determined by the Engineer
Department. The proportional share shall be commensurate
with the estimated traffic generated by the proposed
development and the estimated traffic generated by the
surrounding neighborhood.
40. The following recommendations regarding on -site
circulation from the traffic study conducted by Robert
Kahn, John Kain & Associates shall be implemented:
a) Eliminate parking spaces in front of northern
driveway.
b) Designate 45 degree parking spaces located adjacent
to Administration Building as short term parking.
c) Eliminate 3 parking spaces in southwest corner of
project to prevent conflict with southern driveway.
d. Stop signs should be constructed within the site at
exit points to control traffic. Internal traffic
signing/striping should be implemented in
conjunction with detailed construction plans for
the project.
e) Sight distance at each intersection should be
reviewed with respect to standard City of La Quinta
sight distance standards at the time of preparation
of final grading, landscape and street improvement
plans.
f) Curb -return type driveways should be constructed at
each of the access points on Date Palm Drive to
facilitate ingress/egress to the site.
* g) The City shall restrict parking along the north
side of Sagebrush Avenue and post appropriate speed
limits.
** h) Along the south side of Sagebrush Avenue between
Washington Street and Date Palm Drive and on the
west side of Date Palm Drive between Sagebrush
Avenue and Saguaro Drive, the Applicant/Developer
shall install standard City sidewalks.
**41. The number of children shall be limited to 150 with 30
infant/toddler allowed in the future phase.
CONAPRVL.019/CS -10-
**42. The City of La Quinta shall install full street
improvements on Sagebrush Drive and Bottlebrush Avenue,
Saguaro Drive and Date Palm Drive as needed, and
cul-de-sac Bottlebrush Drive and Saguaro Avenue at
Washington Street (per the Washington Street Specific
Plan) prior to the opening of the child care center.
CONAPRVL.019/CS -11-