PCRES 1994-007PLANNING COMMISSION RESOLUTION 94- 007
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LA QUINTA, CALIFORNIA, ANNOUNCING FINDINGS
AND APPROVING A CONDITIONAL USE PERMIT TO ALLOW
A TEMPORARY OUTDOOR NURSERY AT 79-410 HIGHWAY III
CONDITIONAL USE PERMIT 93-009
MR. MIKE PINO (DESERT GARDENS)
WHEREAS, the Planning Commission of the City of La Quinta, California, did
on the 22nd day of March, 1994, hold a duly noticed Public Hearing to consider the request of
Mr. Mike Pino for approval of a Conditional Use Permit to allow a temporary outdoor nursery
in conjunction with the existing office on a portion of a 2.7 acre site, pursuant to Chapter
9.88.020(B21) of the La Quinta Municipal Code located at 79-410 Highway 111, more
particularly described as:
A PORTION OF THE NORTH HALF OF SECTION 29
T5S, R7E, S.B.B.M. (APN 649-020-012)
WHEREAS, said Conditional Use Permit has complied with the requirements of
"The Rules to Implement the California Environmental Quality Act of 1970" (Resolution 83-63),
in that the Planning Director has determined that the project will not have a significant adverse
effect on the environment per Public Resources Code Section 21084 and Section 15303c
(Categorical Exemption) of the State CEQA Guidelines; 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, findings, and reasons to justify approval of said Conditional Use Permit:
The proposed use will not be detrimental to the health, safety, or general welfare of the
community.
2. The Conditional Use Permit, as conditioned, is consistent with the approval and
conditions of which this site is a part of.
3. The Conditional Use Permit, as conditioned, is consistent with the zoning requirements
of the City.
4. That the proposed project is exempt from the provisions of the California Environmental
Quality Act Public Resources Code Section 21084 and State CEQA Guidelines (Section
15303c), but mitigation measures have been included to address the Fringe -Toed Lizard
Habitat Conservation Plan and Archaeological Impacts (Appendix "K") which have
occurred because a portion of the site was graded without City approval.
RESOPC.130 1
Planning Commission Resolution 94-
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 approve Conditional Use Permit 93-009 for the reasons set forth in
this Resolution and subject to the attached conditions, labeled Exhibit "A".
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta
Planning Commission, held on this 22nd day of March, 1994, by the following vote, to wit:
AYES: Commissioners Adolph, Ellson, Marrs, Abels, Chairwoman Barrows
NOES: None
ABSENT: None
ABSTAIN: None
KATIE BARROWS, Chairwoman
City of La Quinta, California
ATTEST:
tY RMAN, Planning Director
of a Quinta, California
RESOPC.130 2
PLANNING COMMISSION RESOLUTION 94-007
CONDITIONS OF APPROVAL - ADOPTED EXHIBIT "A"
CONDITIONAL USE PERMIT 93-009 - MR. MIKE PING
MARCH 22, 1994
PLANNING & DEVELOPMENT DEPARTMENT:
The development of this site shall be generally in conformance with the exhibits
contained in the file for Conditional Use Permit 93-009, unless otherwise amended by
the following conditions.
2. The approved Conditional Use Permit shall expire on September 22, 1995. The applicant
may request an extension of the permit provided the information is received two months
prior to its expiration. An extension request shall identify all improvements proposed
for the site, and the time frame necessary to complete each task.
3. That all the provisions of Chapter 9.88 of the Municipal Code shall be met or adhered
to during the operation of the business. A City business license shall be obtained to
conduct business from the existing on -site building.
4. Any on -site construction shall comply with all local and State building code requirements
in effect at the time of issuance of a building permit.
5. Within 72 hours after review of the case by the City Council, the applicant or owner
shall pay the required mitigation fees for the Coachella Valley Fringe -Toed Lizard
Habitat Conservation Program, as adopted by the City in the amount of $600 per acre
of distributed land (i.e., ±$1,200). If the fee is not paid, the City will have the
authority to revoke the applicant's business license.
6. Graded but undeveloped land shall be maintained in a condition so as to prevent a dust
and blowsand nuisance and shall be either planted with interim landscaping or provided
with other wind and water erosion control measures as approved by the Planning and
Development and Public Works Departments. The applicant shall prepare a Fugitive
Dust Control Plan (FDCP) and submit it along with any grading plan(s). The FDCP will
be required irregardless of any grading requirements.
7. Applicant/developer shall work with Waste Management of the Desert and City staff to
implement provisions of AB 939 and AB 1462. The applicant/developer is required to
work with Waste Management and/or City staff in setting up the following programs for
this project:
CONAPRVL.118 1
Conditions of Approval
Conditional Use Permit 93-009
March 22, 1994
A. Developer shall prepare a plan to provide trash enclosures for green waste
generated from business activities which shall be recycled at a State licensed
facility so that the City receives division credits. Contact Mr. Fred Baker, the
City's recycling coordinator, at 619-777-7065 for more information.
B. All on -site recycling or trash bins shall be enclosed by approved masonry walls
or other architectural features.
8. The applicant shall retain a qualified archaeologist 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.
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.
The archaeologist(s) shall complete the testing and data recovery as noted in the plan.
The archaeologist 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)hepresentative(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 divert, 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. Failure to begin the plan or work activities
within three U months of the above approval date will be grounds to begin revocation
proceedings of the Conditional Use Permit.
CONAPRVL.118 2
Conditions of Approval
Conditional Use Permit 93-009
March 22, 1994
9. Parking lot striping plan including directional arrows, stop signs, no parking areas, and
parking spaces shall be approved by the Planning and Development and Engineering
Departments. The plan shall be submitted within two weeks. One handicap parking
space shall be provided (e.g., 16-feet wide by 19-feet).
10. All display merchandise which is not stored within the temporary shade structure
(greenhouse) shall be located a minimum distance of 100 feet from the front property
line.
11. A sign program shall be reviewed and approved by the Planing Director for any on -site
sign(s) within 30 days of this Conditional Use Permit approval.
12. The applicant shall be limited to 10,000 square feet of outdoor areas devoted to landscape
merchandise. The temporary shade structure/greenhouse is included in this area
calculation.
13. All dry goods or landscape flat displays shall not be stacked any higher than 42-inches
if located outside the shade structure enclosure.
14. The temporary shade structure/greenhouse shall not be expanded or enlarged unless
approved by the Director of the Planning and Development Department.
15. All required on -site parking spaces shall remain open for use by employees or patrons
during regular business hours of operation.
16. A chain link fence shall be installed between the existing improvements and the graded,
undeveloped area to the rear of the site. No improvements shall be made to this area
(e.g., nursery storage, parking, etc.) unless approved by the Planning Commission.
FIRE DEPARTMENT:
17. Install portable fire extinguishers per NFPA, Pamphlet #10, but not less than 2A1013C
in rating. Contact certified extinguisher company for proper placement of equipment.
18. A durable sign stating "This door to remain unlocked during business hours" shall be
placed on or adjacent to the front exit doors. The sign shall be in letters not less than
one inch high on a contrasting background.
ENGINEERING DEPARTMENT:
19. The requirements of the City's Off -Street Parking Ordinance shall be met.
CONAPRVL.118 3
Conditions of Approval
Conditional Use Permit 93-009
March 22, 1994
20. All lighting facilities shall comply with Chapter 9.210 (Outdoor Light Control) and be
designed to minimize light and glare impacts to surrounding property. All lighting to be
installed shall be subject to review and approval by the Planning and Development
Department.
21. Traffic flow along the existing "U" shaped drive shall be restricted to one-way in a
westerly direction. The applicant shall post appropriate signs, as approved by the City
Engineer, at the interior and exterior ends of each access point to Highway 111.
22. Landscaping along the Highway I I I perimeter shall be maintained to extend no further
than 30-inches from the ground surface.
23. The applicant shall, through an appropriate legal instrument, make an irrevocable offer
to dedicate to the City sufficient Highway II I right-of-way to effect an 86-foot half
width from the existing centerline of the street.
24. The applicant acknowledges that future improvements on Highway III will restrict
access to this development to right-in/right-out access.
CONAPRVL.118 4