PCRES 1994-014PLANNING COMMISSION RESOLUTION 94-014
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LA QUINTA, CALIFORNIA, ANNOUNCING
FINDINGS AND APPROVING A CONDITIONAL USE
PERMIT TO ALLOW CONSTRUCTION AND OPERATION OF
A RECREATIONAL VEHICLE/TRAVEL TRAILER RESORT
CASE NO. CUP 94-012
WHEREAS, the Planning Commission of the City of La Quinta, California, did,
on the 14th day of June, 1994, hold duly noticed Public Hearings to consider the request of
THOMAS BIENEK for approval of a Conditional Use Permit to allow construction and
operation of a recreational vehicle/travel trailer resort R-3 Zone, located at the south east comer
of Miles Avenue and Washington Street, more particularly described as:
PORTIONS OF APN'S 604-004-004, 006, 009, and 011
WHEREAS, said request has complied with the requirements of "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 has determined that
after an Initial Study, the project will not have any significant adverse effect on the environment
and that a Negative Declaration should be adopted; and,
WHEREAS, at said Public Hearing, 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 recommendation for approval of said
Conditional Use Permit.
1. The proposed use will not be detrimental to the health, safety, and welfare of the
community.
2. The Conditional Use Permit, as conditioned, is consistent with the existing zoning and
Change of Zone 94-076, of which this site is a part of.
3. The Conditional Use Permit, as conditioned, is consistent with the zoning requirements
and intent of the R-3 Zone.
4. That the environmental impacts associated with the development of this project can be
mitigated through the approval conditions imposed upon it.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the
City of La Quinta, California as follows:
RESOPC.139 1
1. That the above recitations are true and correct and constitute the findings of the
Commission in this case.
2. That it does approve Conditional Use Permit 94-012 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 14th day of June, 1994, by the following vote, to wit:
AYES: Commissioners Adolph, Ellson, Abels
NOES: Chairwoman Barrows
ABSENT: Commissioner Marrs
ABSTAIN: None
KATIE BARROWS, Chairwoman
City of La Quinta, California
ATTEST:
tY *RMAN, Planning
of Ea Quinta, California
RESOPC.139 2
PLANNING COMMISSION RESOLUTION 94-014
CONDITIONS OF APPROVAL - ADOPTED EXHIBIT "A"
CONDITIONAL USE PERMIT 94-012
RECREATIONAL VEHICLE/TRAVEL TRAILER RESORT- THOMAS BIENEK
JUNE 14, 1994
* Modified by Planning Commission June 14, 1994
PLANNING & DEVELOPMENT DEPARTMENT
The development of a Recreational Vehicle/Travel Trailer Resort and associated uses
shall comply with the approved exhibits and the following conditions, which shall take
precedence in the event of any conflicts.
2. The approved conditional use permit shall be used within one year of the approval date;
otherwise, it shall become null and void and 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 therefore diligently
pursued to completion. Extensions of time may be requested prior to expiration pursuant
to Municipal Code requirements.
3.* Outside path lighting shall be limited to a maximum seven feet high, be shielded and
directed so as not to shine directly upon surrounding adjoining property, or public rights -
of -way. Lighting plans including light pole heights and light types shall be reviewed and
approved by the Planning Director prior to issuance of a building permit. Lighting shall
comply with the Outdoor Lighting Control Ordinance.
4. Plan for adequate trash and recycling provisions shall be approved by the Planning and
Development Department and Waste Management of the Desert prior to issuance of
building permits.
5. Comprehensive sign program for the resort (business identification, directional and
monument signs, etc.) shall be approved by the Planning and Development Department
prior to issuance of a sign permit.
6. Prior to the issuance of a building permit for construction of any building or use
contemplated by this approval, the Applicant shall obtain applicable permits and/or
clearances from the following public agencies:
o City Fire Marshal
o City of La Quints Public Works Department
o Planning and Development Department, & Building & Safety Department
o Coachella Valley Water District
o Desert Sands Unified School District
CONAPRVL.129
Conditions of Approval
Conditional Use Permit 94-012 - Thomas Bienek
June 14, 1994
o Imperial Irrigation District
o Riverside County Health Department
o California Regional Water Quality Control Board (NPDES Permit)
Evidence of said permits or clearances from the above -mentioned agencies shall be
presented to the Building Division at the time of the application for a building permit or
grading permit for the use contemplated herewith.
7. 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 a building permit.
8.* Prior to issuance of any building permits, the applicant shall submit to the Planning
Commission for review and approval, a preliminary plan (or plans) based on approved
conceptual plans showing the following:
a. Landscaping, including plan types, sizes, spacing, locations, and irrigation system
for all landscape areas. Desert or native plant species, drought resistant planting
materials, and drip emitter irrigators shall be incorporated into the landscape plan.
Plans shall conform with requirements of Ordinance 220 regarding water
conservation.
b. Location and design detail of any proposed and/or required walls.
Preparation of the detailed landscape and irrigation plans shall be in substantial
conformance with the approved conceptual landscape plan on file with the Planning and
Development Department. The final plans submitted shall include the acceptance
stamps/signatures from the Riverside County Agricultural Commissioner's Office and
Coachella Valley Water District (CVWD).
9. 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.
The plan shall be submitted to the Coachella Valley Archaeological Society (CVAS) for
a two -week review and comment period. At a minimum, the plan shall: 1) identify the
means for testing; 2) allow sharing the information with the CVAS; and 3) provide for
further testing if the preliminary results show significant materials are present.
The final plan shall be submitted to the Planning and Development Department for final
review and approval.
CONAPRVL.129
Conditions of Approval
Conditional Use Permit 94-012 - Thomas Bienek
June 14, 1994
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 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 areas 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 analysis to be prepared and published and submitted to the
Planning and Development Department.
10. Handicap access, facilities and parking shall be provided per Federal, State and local
requirements.
11. Construction shall comply with all local and State building code requirements as
determined by the Building and Safety Director.
13. Prior to the issuance of a grading permit or building permit, whichever comes first, 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 CUP 94-012 and EA 94-276 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 EA 94-276 and CUP 94-012 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 mitigation measures of EA
94-276 and CUP 94-012. The Planning and Development Director may require
inspection or other monitoring to assure such compliance.
CONAPRVL.129
Conditions of Approval
Conditional Use Permit 94-012 - Thomas Bienek
June 14, 1994
14. Additional off-street parking spaces shall be relocated to areas near the north end of the
project.
15. * That in the area shown as "Park Site" (future recreational vehicle amenities or parking
area) adjacent to Miles Avenue, the area shall be retained for a period of one year after
the opening of the golf driving range. At the end of this one year period or at any time
prior to that time, the Planning and Development Department may request that the
applicant install additional off-street parking up to 84 spaces should it be deemed
necessary. Should the applicant fail to install the required parking, the Planning
Commission shall have the right to review said permit and if necessary revoke it. This
limitation does not prohibit the applicant from submitting plans for future use of this area
should it be determined that parking is not needed.
16. That the applicant shall submit a fee equivalent to the improvement cost for providing
lawn, irrigation, and a number of trees in the "Park Site" area. The fee shall be used
for in -lieu park fees in other areas as deemed necessary by the City.
17. Use of the property within the Whitewater River Storm Channel shall be subject to
approval of the Coachella Valley Water District.
18. At the emergency entrance, a walkway leading to Washington Street for pedestrians shall
be provided.
19. Final location of the emergency entrance on Washington Street shall be subject to the
Engineering Department and the Planning and Development Department.
20. The tennis court lighting shall be limited to a height of ten feet. The applicant may
lower the surface of the tennis court should additional height be needed.
21. The perimeter landscaping plans shall be reviewed to determine whether retaining walls
shall be required. Any retaining wall design shall be reviewed and approved by the
Engineering Department and Planning and Development Department in conjunction with
the landscaping plans.
22. All mitigation measures of Environmental Assessment 94-276 shall be met.
23. Mitigation fees of $600 per acre shall be paid for the Fringe -Toed Lizard mitigation prior
to issuance of a ground clearing or grading permit whichever occurs first.
24. No recreational vehicle generators shall be used at any time.
CONAPRVL.129
Conditions of Approval
Conditional Use Permit 94-012 - Thomas Bienek
June 14, 1994
25. This project shall comply with any future recreational vehicle/travel trailer requirements
as stipulated in Zoning Ordinance Amendment 94-043.
26. Prior to issuance of a grading or land clearing permit, a PM10 Dust Control Permit shall
be obtained from the Planning and Development Department.
27. * A parcel map or parcel merger, if required, shall be processed and recorded to separate
the subject property from surrounding properties. This shall be done prior to issuance
of a building permit.
28. As required by the General Plan, the applicant shall provide a noise study by a qualified
noise engineer to determine the impacts on the surrounding residential properties and
uses. The noise study shall suggest mitigation measures which the City can require.
29. The applicant shall comply with applicable Art in Public Places Ordinance requirements.
30.* That 75% of the trees along the perimeter landscaping shall be a minimum 24-inch box
in size for canopy or Columnar type trees.
31. All conditions of the Coachella Valley Water District in their letter dated April 15, 1994,
on file in the Planning and Development Department shall be met.
26. All conditions of the Fire Marshal in his letter dated April 7, 1994, on file in the
Planning and Development Department shall be met.
27. If the applicant desires to phase improvements, phasing plans shall be submitted for
review and approval by the City Engineer and the Planning and Development Department
prior to issuance of a grading permit.
The applicant shall develop phases in the order of the approved phasing plan.
Improvements required of each phase shall be complete prior to issuance of Certificates
of Occupancy within the phase unless otherwise approved by the City Engineer.
IMPROVEMENT AGREEMENT
28. The applicant shall enter into a secured agreement to construct, the on- and off -site
grading, streets, utilities, landscaping, on -site common area improvements, and any other
improvements required by these conditions before issuance of a grading permit.
Improvements to be made or agreed to shall include removal of any existing structures
or obstructions which are not part of the proposed improvements.
CONAPRVL.129
Conditions of Approval
Conditional Use Permit 94-012 - Thomas Bienek
June 14, 1994
29. If improvements are phased, off -site improvements (i.e., streets) and development -wide
improvements (i.e., perimeter walls, common -area and setback landscaping, and gates)
shall be constructed or secured prior to approval of a grading permit for the first phase
unless otherwise approved by the engineer.
30. The applicant shall pay cash or provide security in guarantee of cash payment for
required improvements which are deferred for future construction by others.
Deferred improvements for this development include:
A. 18' raised landscape median on Washington - 50% cost participation
B. 18' raised landscape median on Miles - 50% cost participation
The applicant's responsibility for deferred improvements may be satisfied through
participation in a City major thoroughfare improvement program if this development
becomes subject to such a program.
DEDICATIONS
31. The applicant shall dedicate public street right of way and utility easements in
conformance with the City's General Plan, Municipal Code, applicable specific plans,
and as required by the City Engineer. Applicant shall dedicate or grant required right
of way parcels no later than 60 days following written request by the City. All right of
way dedications or grants shall be made prior to issuance of the first grading permit for
the development.
Dedications required of this development include:
A. Washington Street - 60' half -width right of way from the Washington Street
Specific Plan centerline plus corner cutbacks at entryways
B. Miles Avenue - 55' half -with right of way plus corner cutbacks at entryways
C. Miles and Washington - right of way sufficient to provide a 12-foot right of way
setback behind the 70-foot curb radius at the southeast corner
D. Bikepath easement along the Coachella Valley Water District (CVWD) storm
channel - 12 feet wide if outside development fence or wall. 15 feet if enclosed
in development's property. This dedication may be waived if the applicant and
the development to the east are able to construct the required bikepath within the
CVWD easement on the south side of the channel.
CONAPRVL.129
Conditions of Approval
Conditional Use Permit 94-012 - Thomas Bienek
June 14, 1994
Street right of way geometry for cul-de-sacs, knuckle turns and corner cut -backs shall
conform with Riverside County Standard Drawings #800, #801, and #805 respectively
unless otherwise approved or directed by the City Engineer.
32. The applicant shall dedicate public utility easements as approved by the respective utility
authorities and the City Engineer
33.* The applicant shall dedicate common -area setback easements, of minimum width as
noted, adjacent to the following street rights of way:
A. Washington Street - 20 feet
B. Miles Avenue - 20 feet
Minimum widths may be used as average widths for meandering wall designs.
Where sidewalks, bikepaths, and/or equestrian trails are required, the applicant shall
dedicate blanket easements over the setback easements for those purposes.
34. The applicant shall vacate vehicle access rights to the following streets from lots abutting
the streets:
A. Washington Street
B. Miles Avenue
Access to these streets shall be restricted to street intersections and approved emergency
access locations.
35. * The applicant shall dedicate any easements necessary for placement of and access to
utility lines and structures, drainage basins, common areas, and mailbox clusters.
36. * The applicant shall cause no easements to be granted or recorded over any portion of this
property unless such easements are approved by the City Engineer.
GRADING
37. Graded but undeveloped land shall be maintained in a condition so as to prevent dust and
blowsand nuisances and shall be 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.
38. The applicant shall comply with the City's flood protection ordinance.
CONAPRVL.129
Conditions of Approval
Conditional Use Permit 94-012 - Thomas Bienek
June 14, 1994
39. A thorough preliminary engineering, geological and soils engineering investigation shall
be conducted. The report of the investigation ("the soils report") shall be submitted with
the grading plan.
40. A grading plan shall be prepared by a registered civil engineer. The plan must meet the
approval of the City Engineer prior to approval of any grading permit.
The grading plan shall conform with the recommendations of the soils report and shall
be certified as adequate by a soils engineer or an engineering geologist.
Prior to issuance of any building permit the applicant shall provide a separate document
bearing the seal and signature of a California registered civil engineer, geotechnical
engineer, or surveyor that lists actual building pad elevations. The document shall, for
each building pad in the development, state the pad elevation approved on the grading
plan, the as -built elevation, and shall clearly identify the difference, if any. The data
shall be organized by development phase and shall be cumulative if the data are
submitted at different times.
DRAINAGE
41. The development shall be graded to permit storm flow in excess of retention capacity to
flow out of the development through a designated overflow outlet and into the historic
drainage relief route. The development shall be graded to receive storm flow from
adjoining property at locations that have historically received flow.
42.* The tributary drainage area for which the applicant is responsible shall include the future
recreational vehicle amenities or parking area and shall extend to the centerline of all
adjacent public streets.
43. Runoff from the 100-year storm may be retained on site or, if approved by the Coachella
Valley Water District (CVWD), may drain directly to the Whitewater Storm Evacuation
Channel. If drainage is to flow to the Whitewater Channel, the applicant shall design
and implement stormwater pollution mitigation measures consistent with the City's
proposed NPDES Permit and as approved by the City Engineer.
44. In design of retention facilities, the percolation rate shall be considered to be zero unless
the applicant provides site -specific data that indicates otherwise.
A trickling sand filter and leachfield of a design approved by the City Engineer shall be
installed to percolate nuisance water. The sand filter and leach field shall be sized to
percolate 22 gallons per day per 1,000 square feet of drainage area.
Retention basin slopes shall not exceed 3:1. If retention is on individual lots, the
retention depth shall not exceed two feet. If retention is in one or more common
retention basins, the retention depth shall not exceed six feet.
CONAPRVL.129
Conditions of Approval
Conditional Use Permit 94-012 - Thomas Bienek
June 14, 1994
45. The design of the development shall not cause any change in flood boundaries, levels or
frequencies in any area outside the development.
UTILITIES
46. All existing and proposed utilities adjacent to or within the proposed development shall
be installed underground. Power lines exceeding 12,500 volts are exempt from this
requirement.
47. In areas where hardscape surface improvements are planned, underground utilities shall
be installed prior to construction of the surface improvements. The applicant shall
provide certified reports of utility trench compaction tests for approval of the City
Engineer.
STREET AND TRAFFIC IMPROVEMENTS
48. Improvement plans for all on- and off -site streets and access gates shall be prepared by
a registered civil engineer. Improvements shall be designed and constructed in
accordance with the La Quinta Municipal Code, adopted Standard Drawings, and as
approved by the City Engineer.
Street pavement sections shall be based on a Caltrans design procedure for a 20-year life
and shall consider soil strength and anticipated traffic loading, including construction
traffic. The minimum pavement sections shall be as follows:
Residential& Parking Areas 3.0" a.c./4.50" a.b.
Collector 4.0"/5.00"
Secondary Arterial 4.0"/6.00"
Primary Arterial 4.5"/6.00"
Major Arterial 5.5"/6.50"
If the applicant proposes to construct a partial pavement section for use during
development, the partial section shall be designed with a strength equivalent to the 20-year
design strength for the traffic anticipated.
49. Improvements shall include all appurtenances such as traffic signs, channelization
markings, raised medians if required, street name signs, sidewalks, and mailbox clusters
approved in design and location by the U.S. Post Office and the City Engineer. Mid -block
street lighting is not required.
50. The City Engineer may require miscellaneous incidental improvements and enhancements
to existing improvements as necessary to integrate the new work with existing
improvements and provide a finished product conforming with City standards and
practices. This may include, but is not limited to, street width transitions extending
beyond development boundaries.
CONAPRVL.129
Conditions of Approval
Conditional Use Permit 94-012 - Thomas Bienek
June 14, 1994
51. The following street improvements shall be constructed to conform with the General Plan
street type noted in parentheses:
A. OFF -SITE STREETS & TRAFFIC
1. Washington Street (Major Arterial) - 96 feet curb to curb - the applicant shall
construct remainder of east half and reimburse the City for costs incurred in
improvements previously made to the east half of the street.
2. Miles Avenue (Primary Arterial) - 86 feet curb to curb - the applicant shall
construct the south half of the street.
3. Traffic signal at Washington and Miles - 25 % cost responsibility for full signal
improvements. If the signal is constructed by others at no expense to the
applicant, the applicant shall, at applicant's expense, construct modifications
to the traffic signal made necessary by the applicant's improvements to and
along Washington Street and Miles Avenue
4. Traffic signal at Miles Avenue and Seeley Drive - the applicant shall design
and construct the signal subject to 50% cost reimbursement by the City.
B. ON -SITE STREETS & TRAFFIC
1. Streets shall be as shown on the Conditional Use Permit Site Plan received by
the City on March 28, 1994 except as modified for emergency vehicle access.
2. Eight foot wide bike path along the Whitewater Channel.
52. Access points and turning movements of traffic shall be restricted as follows:
A. Miles Avenue - 40-foot wide full -turn access aligned with Seeley Drive
B. Miles Avenue - 40-foot wide right-in/right-out access approximately 410' west of the
access described in 43A.
C. Washington Street - Emergency -vehicle -only access in a location approved by the
Fire Department and the City Engineer. If approved by Sunline Transit, this access
may be combined with a bus turnout along Washington Street.
LANDSCAPING
53.* The applicant shall provide grading and landscape improvements in the following areas:
A. Washington Street setback lots;
CONAPRVL.129
Conditions of Approval
Conditional Use Permit 94-012 - Thomas Bienek
June 14, 1994
B. Miles Avenue setback lots;
C. The future recreational vehicle amenities or parking area.
The applicant is encouraged to minimize steep slope designs within the perimeter
landscaping setback areas. Use of lawn shall be minimized with no lawn or spray
irrigation within 5-feet of curbs along public streets.
54. The applicant shall insure that landscaping plans and utility plans are coordinated to
provide visual screening of above -ground utility structures.
55. The applicant shall submit a copy of the proposed grading, landscaping and irrigation plans
to the Coachella Valley Water District for review and approval with respect to the
District's Water Management Program.
56. The applicant shall provide public transit amenities as required by Sunline Transit and/or
the City Engineer.
QUALITY ASSURANCE
57. The City is contemplating adoption of a quality -assurance program for privately -funded
construction. If the program is adopted prior to the issuance of permits for construction
of the improvements required of this map, the applicant shall fully comply with the
quality -assurance program.
If the quality -assurance program has not been adopted, the applicant shall employ
construction quality -assurance measures which meet the approval of the City Engineer.
58. The applicant shall employ or retain California registered civil engineers, geotechnical
engineers, or surveyors, as appropriate, who will provide, or have his or her agents
provide, sufficient supervision and verification of the construction to be able to furnish and
sign accurate record drawings and certify compliance of all work with approved plans,
specifications and applicable codes.
59. Upon completion of construction, the applicant shall furnish the City reproducible record
drawings of all plans signed by the City Engineer. Each sheet of the drawings shall have
the words "Record Drawings," "As -Built" or "As -Constructed" clearly marked on each
sheet and be stamped and signed by the engineer or surveyor certifying to the accuracy of
the drawings.
MAINTENANCE
60. The applicant shall make provisions for continuous maintenance of landscaping and related
improvements.
CONAPRVL.129
Conditions of Approval
Conditional Use Permit 94-012 - Thomas Bienek
June 14, 1994
FEES AND DEPOSITS
61. The applicant shall pay all deposits and fees required by the City for plan checking and
construction inspection. Deposit and fee amounts shall be those in effect when the
applicant makes application for the plan checks and permits.
MISCELLANEOUS
62. Plans for grading, drainage, streets, pedestrian/bike facilities, gates, common parking
areas, parks, lighting, landscaping & irrigation, and perimeter walls are not approved for
construction until they have been signed by the City Engineer.
63. Prior to issuance of Certificates of Occupancy for buildings within the development, the
applicant shall install traffic control devices and street name signs along access roads to
those buildings.
64. The applicant shall secure the approval of CVWD prior to construction of improvements
within or affecting the Whitewater Storm Evacuation Channel.
CONAPRVL.129