PCRES 1994-015PLANNING COMMISSION RESOLUTION 94-015
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 GOLF
DRIVING RANGE
CASE NO. CUP 94-013
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 golf driving range in the R-3 Zone, located on the
south side of Miles Avenue, approximately 1,000+ feet east of Washington Street,
more particularly described as:
PORTIONS OF APN'S 604-004-006, 011, 009
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.
The proposed use will not be detrimental to the health, safety, and welfare of
the community.
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.
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:
That the above recitations are true and correct and constitute the findings of
the Commission in this case.
That it does approve Conditional Use Permit 94-013 for the reasons set forth
in this Resolution and subject to the attached conditions, labeled Exhibit "A".
iiESOPc . 138
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quints Planning Commission, held on this 14th day of June, 1994, by the following
vote, to wit:
AYES: Commissioners Adolph, Ellson, and Abels
NOES: Chairwoman Barrows
ABSENT: Commissioner Marrs
ABSTAIN: None
KATIE BARROWS, Chairwo
City of La Quinta, California
ATTEST:
I
uw—
JERTRY HWRMAN, Planning Director
Clty of L Quinta, California
RESOPC _ 138
PLANNING COMMISSION RESOLUTION 94-015
CONDITIONS OF APPROVAL - ADOPTED EXHIBIT "A"
CONDITIONAL USE PERMIT 94-013 - DRIVING RANGE
THOMAS BIENEK
JUNE 14, 1994
Modified by Planning Commission June 14, 1994
PLANNING & DEVELOPMENT DEPARTMENT
The development of a golf driving range, (with Commons Building,
maintenance facility, and small ancillary facilities) shall comply with the
approved exhibits and the following conditions, which shall take precedence
in the event of any conflicts.
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.
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 Quinta Public Works Department
o Planning and Development Department, & Building & Safety Department
o Coachella Valley Water District
o Desert Sands Unified School District
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 and Safety Department at the time of the
application for a building permit or grading permit for the use contemplated
herewith.
4. 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.
5.• 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
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Conditions of Approval
Conditional Use Permit 94-013 - Thomas Bienek
June 14, 1994
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).
Handicap access, facilities and parking shall be provided per Federal, State
and local requirements.
7. Construction shall comply with all local and State building code requirements
as determined by the Building and Safety Director.
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 94-013 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 94-013
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 94-013. The Planning and Development Director may
require inspection or other monitoring to assure such compliance.
9. Approval of this conditional use permit shall be subject to final approval of
Change of Zone 94-076 by the City Council.
10. Prior to issuance of a grading or land clearing permit a PM10 Dust Control
permit shall be obtained from the Planning and Development Department.
11. All mitigation measures of Environmental Assessment 94-276 shall be met.
12. As a conditions of approval of this permit a waiver of the Dark Sky Ordinance
is granted. However, lighting shall be designed in a manner which strives to
comply with the Dark Sky Ordinance as much as possible.
13. • The parking lot and building lighting on the north side shall be limited to a
height of ten feet and shall be designed with a recessed light source which will
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Conditions of Approval
Conditional Use Permit 94-013 - Thomas Bienek
June 14, 1994
not create glare on adjacent properties. The lighting plan is to be reviewed
and approved by the Planning and Development Department prior to issuance
of a building permit.
14. That the height of the driving range netting shall be subject to review and
approval of the Planning and Development Department prior to issuance of a
building permit. The applicant shall provide justification for the need for 80-
foot maximum height netting. If specific justification cannot be shown, the
Planning and Development Department may approve lower height netting.
15. * That in the area shown as "Park Site" 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. The lighting of the driving range shall be limited to 10:00 P.M., seven days
a week.
18. 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.
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
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Conditions of Approval
Conditional Use Permit 94-013 - Thomas Bienek
June 14, 1994
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.
19.• That a parcel map or parcel merger, if necessary, shall be processed and
recorded to separate the subject property from the surrounding properties.
This shall be done prior to issuance of a building permit.
20. The applicant shall participate in recycling materials as requested by Waste
Management of the Desert. The trash enclosure shall be large enough to
accommodate both trash and recycling bins and be approved by the Planning
and Development Department and Waste Management of the Desert prior to
issuance of a building permit. The trash enclosure shall consist of masonry
enclosures with opaque metal doors with said design to comply with Waste
Management of the Desert standards.
21. 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 zoning and uses. The noise study shall suggest mitigation
measures which the City can require.
22. The applicant shall comply with applicable Art in Public Places Ordinance requirements.
23. All trees along the perimeter landscaping shall be a minimum 24-inch box in
size for canopy or Columnar type trees.
24. Either berms or berm/wall combinations shall be provided along the perimeter
to screen the parking lot from view of the street. The screening plan shall be
reviewed and approved by the Planning and Development Department prior to
issuance of a building permit.
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Conditions of Approval
Conditional Use Permit 94-013 - Thomas Bienek
June 14, 1994
25. 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. • Plans for the driving range lighting shall be reviewed and approved by the
Planning and Development Department prior to issuance of a building permit.
Lighting shall be designed in a manner which does not shine or glare towards
any residential properties or streets. Should pole mounted lighting not
achieve this requirement, then ground mounted lighting and building mounted
lighting shall be required. Limited pole mounted lighting may be utilized for
lighting the golf tee area. Modifications to the installed lighting shall be
made, if deemed necessary by the Planning Commission within one year of the
beginning of operation.
28. 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
29. 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.
30. 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.
31. 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 Miles - 50% cost participation
The applicant's responsibility for deferred improvements may be satisfied
through participation in a City major thoroughfare improvement program if
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Conditions of Approval
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June 14, 1994
this development becomes subject to such a program.
DEDICATIONS
32. 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. Miles Avenue - 55' half -with right of way plus corner cutbacks at
entryways
B . 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
C. 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.
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.
33. The applicant shall dedicate public utility easements as approved by the
respective utility authorities and the City Engineer
34.* The applicant shall dedicate common -area setback easements, of minimum
width as noted, adjacent to the following street rights of way:
A. 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.
35. The applicant shall vacate vehicle access rights to the following streets from
lots abutting the streets:
A. Miles Avenue
Access to this street shall be restricted to street intersections.
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Conditions of Approval
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June 14, 1994
36. The applicant shall dedicate any easements necessary for placement of and
access to utility lines and structures, park lands, drainage basins, common
areas, and mailbox clusters.
37. * 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
38. 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.
39. The applicant shall comply with the City's flood protection ordinance.
40. 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.
41. 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
42. 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.
43. * The tributary drainage area for which the applicant is responsible shall
include the future recreational vehicle amenities or parking area and shall
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Conditions of Approval
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June 14, 1994
extend to the centerline of all adjacent public streets.
44. 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.
45. 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
spaces, 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.
46. The design of the development shall not cause any change in flood boundaries,
levels or frequencies in any area outside the development.
UTILITIES
47. 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.
48. 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
49. 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.14.50" a.b.
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Conditions of Approval
Conditional Use Permit 94-013 - Thomas Bienek
June 14, 1994
Collector 4.011/5.00"
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.
50. 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.
51. 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.
52. The following street improvements shall be constructed to conform with the
General Plan street type noted in parentheses:
A. OFF -SITE STREETS & TRAFFIC
1. Miles Avenue (Primary Arterial) - 86 feet curb to curb - the
applicant shall construct the south half of the street.
2. 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
3. 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.
53. 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.
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Conditions of Approval
Conditional Use Permit 94-013 - Thomas Bienek
June 14, 1994
LANDSCAPING
54.* The applicant shall provide grading and landscape improvements in the
following areas:
A. Miles Avenue setback lots;
B . 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.
55. The applicant shall insure that landscaping plans and utility plans are
coordinated to provide visual screening of above -ground utility structures.
56. 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.
57. The applicant shall provide public transit amenities as required by Sunline
Transit and/or the City Engineer.
UALITY ASSURANCE
58. 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.
59. 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.
60. 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
61. The applicant shall make provisions for continuous maintenance of landscaping
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Conditions of Approval
Conditional Use Permit 94-013 - Thomas Bienek
June 14, 1994
and related improvements.
FEES AND DEPOSITS
62. 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
63. 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.
64. 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.
65. The applicant shall secure the approval of CVWD prior to construction of
improvements within or affecting the Whitewater Storm Evacuation Channel.
66. Comprehensive sign program shall be approved by the Planning and
Development Department prior to issuance of a building permit.
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