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PCRES 1991-036PLANNING COMMISSION RESOLUTION 91-036 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, ANNOUNCING FINDINGS AND GRANTING A VARIANCE FROM THE FRONT YARD SETBACK REQUIREMENT CASE NO. VAR 91-016 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the loth day of September, 1991, hold a duly -noticed Public Hearing to consider the request of Louis Campagna for a Variance to Section 9.90.080 La Quinta Municipal Code (LQMC), to permit his proposed building 20 feet from the front property line instead of 35 feet for property located at the southwest corner of Calle Tampico and Avenida Navarro, more particularly described as: LOTS 1 & 2, SANTA CARMELITA AT VALE IN LA QUINTA, PAGE 14 IN MAP BOOK 18/82-83 WHEREAS, said Variance request has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" ( County of Riverside, Resolution 82-213, adopted by reference in City of La Quinta Ordinance 5) , in that the Planning Director conducted an initial study, and has determined that the proposed project will not have a significant adverse impact on the environment; and WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to justify the granting of said Variance: The strict application of the building setback requirements to the subject property will deprive it of privileges enjoyed by other previously built Riverside County structures in the area. Since the purpose and intent of the setback standard is to provide design guidelines, requirements may be reasonably attained by special conditions of approval. Approval of the Variance as conditioned will not constitute the granting of any special privileges inconsistent with limitations on other similarly zoned property in the area. The Conditions of Approval will assure that the integrity of the Village Specific Plan will be upheld and this action will not negatively affect adjacent parcels. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: That the above recitations are true and correct and constitute the findings of the Commission in this case. RESOPC.033 That it does hereby confirm the conclusion of the Environmental Assessment 91-209 which indicated that approval of the Variance would not constitute a significant impact on the environment and hereby approves a Negative Declaration of environmental impact. That it does hereby grant said Variance 91-016 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 Planning Commission, held on this loth day of September, 1991, by the following vote, to wit: AYES: Commissioners Mosher, Ladner, Ellson, Marrs, Chairwoman Barrows NOES: None ABSENT: None ABSTAIN: None k;ka-- KATIE BARROWS, Chairman City of La Quinta, California ATTEST: 7Y'ERM Planning Director f a Qui ta, California RESOPC.033 PLANNING COMMISSION RESOLUTION 91-036 VARIANCE 91-016 - APPROVED SEPTEMBER 10, 1991 The front yard setback for Plot Plan 91-464 shall be 20 feet. The approved plot plan shall be used within one year of the final approval date; otherwise it shall become null and void and of no effect whatsoever. "Be used" means the beginning of substantial construction which is contemplated by this approval, not including grading which is begun with the one year period and is thereafter diligently pursued until completion. A one year time extension may be requested as permitted the by Municipal Code. CONAPRVL.032 CONDITIONS OF APPROVAL PLOT PLAN 91-464 - APPROVED September 10, 1991 GENERAL The development of the property shall be generally be in conformance with the exhibits contained in the file for PP 91-464, unless amended otherwise by the following conditions. The approved plot plan shall be used within one year of the final approval date; otherwise it shall become null and void and of no effect whatsoever. "Be used" means the beginning of substantial construction which is contemplated by this approval, not including grading which is begun within the one year period and is thereafter diligently pursued until completion. A one year time extension may be requested as permitted by Municipal Code. There shall be no outdoor storage or sales displays on the premises. All exterior lighting shall be shielded and directed so as not to shine directly on surrounding adjoining properties or public rights -of -way. Light standard type with recessed light source shall also be reviewed and approved by the Planning Director. Exterior lighting shall comply with Outdoor Light Control Ordinance and off-street parking requirements. Light poles shall be limited to ten feet in height. 5. Adequate trash enclosures shall be opaque metal doors. Plans for trash enclosures to be reviewed and approved by the Planning Director prior to issuance of a building permit. Applicant shall contact local waste management company to insure that enclosure size is adequate. 6. Handicapped parking spaces and facilities shall be provided per Municipal Code and State requirements. 7. As required by the General Plan, Applicant shall provide noise study by qualified engineer to determine impacts on surrounding residential zones and uses. Noise study shall suggest mitigation measures which City can require. 8. The project shall comply with all existing off street parking requirements including but not limited to shading of parking lot areas, and bicycle parking spaces. 9. Landscaping planters along the south and west property lines shall be provided at maximum width possible with all unusable areas adjacent to property lines provided in landscaping. 10. The project shall comply with applicable Arts in Public Places Ordinance. 11. Prior to issuance of grading or building permits, a parcel merger shall be approved and recorded to merge the properties. CONAPRVL.026 Conditions of Approval Plot Plan 91-464 September 10, 1991 12. Prior to issuance of a building permit for construction of any building or use contemplated by this use, the Applicant shall obtain permits or clearances from the following agencies: 0 City Fire Marshal o City of La Quinta Public Works Department 0 City of La Quinta Planning & Development Department o Coachella Valley Water District 0 Desert Sands Unified School District o Imperial Irrigation District Evidence of said permits or clearances from the above mentioned agencies shall be presented to the Building Department at the time of application for a building permit for the proposed project. 13. Provisions shall be made to comply with the terms and requirements of the City adopted infrastructure fee program in affect at the time of issuance bf building permits. 14. Final landscaping plans shall include approval stamps and signatures from the Riverside County Agricultural Commissioners office and Coachella Valley Water District. 15. Prior to issuance of any grading permits, the Applicant shall submit to the Planning and Development Department an interim landscape program for the entire site which shall be for the purpose of wind and erosion and dust control. The land owner shall institute blow sand and dust control measures during grading and site development. These shall include but not be limited to: a.) use of irrigation during construction and grading activities; b. ) areas not constructed on during first phase shall be planted in temporary ground cover or wildflowers and provided with temporary irrigation system; and c.) provision of wind breaks or wind rolls, fencing, and or landscaping to reduce the effects upon adjacent properties and property owners. The landowner 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 emission of dust and blow sand. 16. Construction shall comply with all local and State Building Code requirements in affect at time of issuance of building permit as determined by the Building Official. 17. Prior to 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 which must be satisfied prior to issuance of a building permit. Prior to a final building inspection approval, the Applicant shall prepare and submit a written report demonstrating compliance with all remaining conditions of approval and mitigation measures. CONAPRVL.026 Conditions of Approval Plot Plan 91-464 September 10, 1991 The Planning and Development Director may require inspection or other monitoring to assure such compliance. 18. A parking lot striping plan including directional arrows, stop signs, no parking areas, and parking spaces shall be approved by Planning and Development and Engineering Departments prior to issuance of a building permit. All roof equipment shall be screened from view by parapet walls of building or other architecturally matching materials. 19. That all conditions of the Design Review Board shall be complied with as follows: A. A detailed complete sign program shall be approved by the Director of Planning prior to issuance of first sign permit. B. The architecture materials and colors of the pad building shall be architecturally compatible (i.e. , identical architecture, colors, and%r materials) with the Village Specific Plan. C. Cement plaster texture used on building shall be of a decorative nature and approved by the Planning Department prior to issuance of a building permit. D. Additional architectural treatment to the rear of the main building shall be provided in those areas that would be most exposed to adjacent properties and approved by the Planning and Development Department. E. Along the street perimeters, the amount of turf utilized shall be reduced (i.e., eliminate on back sides of slopes, and between sidewalk and curb areas). F. A final landscaping plan indicating specific trees, shrubs, and ground covers, and irrigation system type shall be reviewed and approved by the Design Review Board prior to preparation of final working drawings. H. Water efficient irrigation system including bubblers and emitters shall be utilized wherever possible. I. Landscaping adjacent to south and west property lines shall be heavily planted to provide screening and buffering with adjacent properties. J. All planting materials shall be water efficient to maximum extend feasible. K. The two-way on -site aisleway shall be 26-feet wide. L. Masonry S-tile shall be use for the roofing material for this proposal. CONAPRVL.026 3 Conditions of Approval Plot Plan 91-464 September 10, 1991 M. The exposed roof beams shall be either glu-lams or heavy timber rough - sawn members and include decorative end cut treatments (e.g., rounded and jagged end, etc.). N. Decorative concrete paving shall be used to accent the two-way driveway entryway on Avenida Navarro. The textured paving should be concrete and colored to add attention to this area. The texturing should be the width of the driveway and 15-feet in length (on -site only). O. Barrier wheel stops shall be installed along the southerly portion of the parking lot to insure that vehicles will not damage the landscaping in the small planter nor damage the proposed 6-inch raised curbing. P. The accent street tree for this project which will complement the Palm tree program will be: Jacaranda, Willow, Olive or another similar species. The parking lot shade tree should be: Fruit Fie", Bottlebrush, California Pepper, Bottle Tree, etc. Q. The building shall be sited so that it is located on the westerly property line (zero setback) as requested by the Village Specific Plan standards and commercial Village Tampico zone requirements. The property line building wall shall be reviewed by the Design Review Board prior to submittal of the construction drawings to the Building and Safety Department for plan check consideration. R. The Developer shall be obligated to provide adequate on -site parking space on the property as required by La Quinta Municipal Code or the Applicants shall either post cash monies with the City to develop off - site parking spaces in the Downtown area or construct an off -site parking lot for the project which meets all the minimum requirements of the City. If the Developer chooses to post cash money for this obligation, the amount shall be reviewed and approved by the Director of Planning and Development and the City Engineer. 20. The plaza areas as shown on the approved site plan shall be developed into shaded lounging areas with permanent seating provided. Said plans to be approved by the City at the time of landscaping plan review. CITY FIRE MARSHAL 21. Provide or show there exists a water system capable of delivering 3000 gpm for a 3 hour duration at 20 psi residual operating pressure which must be available before any combustible material is placed on the job site. 22. The required fire flow shall be available from a Super hydrant(s) (6" X 4" X 2-1/2 X 2-1/2") located not less than 25 feet nor more than 165 feet from any portion of the building(s) as measured along approved vehicular travelways. CONAPRVL.026 4 Conditions of Approval Plot Plan 91-464 September 10, 1991 23. Applicant/Developer shall be responsible to submit written certification from the water company noting the location of the existing fire hydrant and that the existing water system is capable of delivering 3000 gpm fire flow for a 3 hour duration at 20 psi residual operating pressure. If a water system currently does not exist, the Applicant/Developer shall be responsible to provide written certification that financial arrangements have been made to provide them. 24 Install 2AIOBC portable rating extinguishers ce tifiedFextinguissherPamphlet company for not less forproper placement of equipment. 25. Certain designated areas will be required to be maintained as fire lanes. ENGINEERING DEPARTMENT: 26. The Applicant shall dedicate public street right-of-way and utility easemepts in conformance with the City's General Plan, Municipal Code, applicable Specific Plans if any, and as required by the City Engineer, as follows: A. Calle Tampico - Primary Arterial, 50 foot half width; the Calle Tampico Specific Alignment applies; 27. The Applicant shall provide a fully improved landscaped setback area of noted width adjacent to the following street right-of-way(s): A. Calle Tampico, 20 feet wide; B. Avenida Navarro, 10 feet wide 28. Applicant shall landscape and maintain the right-of-way area between the curb and property line. Landscape and irrigation plans for the landscaped areas shall be prepared in conformance with the requirements of the Planning Director, and City Engineer, and approved by same officials prior to construction. 29. Applicant shall construct, or enter into agreement to construct, the street/alley improvements, site grading, on -site parking lot and other improvements before the building permit is issued. Applicant shall pay cash, in lieu of and equivalent to the respective fair -share construction cost, for those improvements that the Applicant has partial cost responsibility and construction must be deferred until the full complement of funding is available. Payment of cash may be deferred to a future date mutually agreed by Applicant and City, provided security for said future payment is posted by Applicant. 30. The on -site grading plan shall be prepared by a register civil engineer and approved by the City Engineer prior to issuance of the grading permit. CONAPRVL.026 Conditions of Approval Plot Plan 91-464 September 10, 1991 31. 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 grading of the site and construction of the 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 responsibility 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 building pad elevations conform with the approved grading plans. 32. Applicant shall construct on -site parking lot in accordance with LQMC. TAe parking lot shall be graded in a manner that keeps all nuisance water on site, but permits storm water to flow into the alley. A nuisance water percolation facility shall be installed and sized to handle 32 gallons per day per 1000 square feet of landscaped area. 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. Applicant shall pay a cash fee equivalent to the cost to design and construct the west half of Avenida Navarro (18-foot half width) and Calle Tampico (38- foot half width including raised median) where said street segments are contiguous to the site. The City will install the improvements at a later date in conjunction with the improvement of the entire street.' 35. The Applicant shall construct meandering or non -meandering sidewalk to be determined by the City, in the parkway and landscaped setback lot along Calle Tampico and Avenida Navarro (6 feet wide). 1 The requirement to build half of the street is a standard condition placed on developments in La Quinta and from a precedent point of view it is appropriate to continue the tradition of that requirement. However, because the property size is small relative to the scope of off -site improvements and since this development is commercial in nature, it is a candidate for public assistance. The applicant has the opportunity to claim a hardship caused by off -site improvement responsibilities and apply for assistance from the Redevelopment Agency. CONAPRVL.026 Conditions of Approval Plot Plan 91-464 September 10, 1991 36. The Applicant shall provide a blanket easement that covers the entire landscaped setback areas for the purpose of a meandering public sidewalk. 37. 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. 38. All existing and proposed telecommunications, television cable, and electric power lines with 12,500 volts or less, that are adjacent to the proposed site or on -site, shall be installed in underground facilities. 39. All underground utilities shall be installed, with trenches compacted to City standards, prior to construction of any street improvements. A soils engineer retained by the Applicant shall provide certified reports of soil compaction tests for review by the City Engineer. 40. 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. 41. The California Fish and Game Environmental filing fees shall be paid. The fee is $1250 plus $25 for the Riverside County document processing. The fee shall be paid within 24 hours after review by the City Council. 42. The vacation of the excess right-of-way on Calle Tampico shall be completed prior to the issuance of a building permit to the project proponent. 43. If the developer begins construction of the project prior to the City installation of the Calle Tampico Street improvements, the developer shall prepare a traffic safety plan for review by all Public Safety Departments prior to the issuance of a building permit. The plan can include concrete barriers, temporary street closures, or other measures deemed acceptable by City personnel. CONAPRVL.026