PCRES 1998-061PLANNING COMMISSION RESOLUTION 98- 061
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF LA QUINTA, CALIFORNIA,
RECOMMENDING APPROVAL OF A CONDITIONAL
USE PERMIT TO ALLOW CONSTRUCTION OF 28
RESORT RESIDENTIAL UNITS AT THE RETREAT AT
THE QUARRY
CASE NO.: CONDITIONAL USE PERMIT 98-040
WHEREAS, the Planning Commission of the City of La Quinta, California,
did on the 28" day of July, 1998, hold a duly noticed Public Hearing to consider the
request of LA QUINTA GOLF PROPERTIES, for approval of a Conditional Use Permit
to allow construction of 28 resort residential units, located at the northeast corner of
Tom Fazio Lane North and Quarry Lane in The Quarry at La Quinta , more particularly
described as:
APNS: 761-070-007 AND 761-070-009
WHEREAS, said Conditional Use Permit has complied with the
requirements of "The Rules to Implement the California Environmental Quality Act of
1970" as amended (Resolution 83-63) in that the Community Development
Department has conducted an Initial Study (Environmental Assessment 98-359) and
determined that the proposed Conditional Use Permit will not have a significant impact
on the environment and a Mitigated Negative Declaration of Environmental Impact is
recommended for certification, and;
WHEREAS, at said Public Hearing, upon hearing and considering all
testimony and arguments, if any, of all interested persons wanting to be heard, said
Planning Commission did make the following Mandatory Findings of approval to justify
a recommendation for approval of said Conditional Use Permit:
A. The project is consistent with the General Plan in that these types of units are
permitted in residential zones with a Conditional Use Permit and the project is
within the 2-4 dwelling units per acre range allowed by the Low Density
Residential land use designation..
B. This project has been designed to be consistent with the provisions of the
Zoning Code and applicable Specific Plan or will be conditioned to be so in areas
of design development standards, parking, etc.
B. Processing and approval of this project is in compliance with the requirements
of the California Environmental Quality Act in that the La Quinta Community
Development Department has determined that this Conditional Use Permit will
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Planning Commission Resolution 98- 061
July 28, 1998
not have a significant impact on the environment and a Mitigated Negative
Declaration of Environmental Impact is recommended for certification.
C. The site design of the project is appropriate for the use in that the cottages
comply with applicable design requirements and are providing adequate
landscaping and are compatible with surrounding development.
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 constitute the findings of the Planning
Commission in this case;
2. That it does hereby recommend that a Mitigated Negative Declaration of
Environmental Impact be certified for this project.
3. That it does hereby approve Conditional Use Permit 9-040 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 28' day of July, 1998, by the following
vote, to wit:
AYES: Commissioners Abels, Butler, Kirk, Robbins, and Chairman Tyler.
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
HERMAN', Community Development Director
La Quinta, California
1-11/;
R BERT T. TYLER, Chairman
City of La Quinta, California
cApc res cup 98-040
PLANNING COMMISSION RESOLUTION 98-061
CONDITIONS OF APPROVAL - ADOPTED
CONDITIONAL USE PERMIT 98-040
LA QUINTA GOLF PROPERTIES
JULY 28, 1998
* Added by Planning Commission July 28, 1998
1. The use of this site for resort residential uses shall be in conformance with the
approved exhibits contained in Conditional Use Permit 98-040 and Specific
Plan 98-032, unless otherwise amended by the following conditions.
2. The approved Conditional Use Permit shall be used within two years of the
effective date of approval, otherwise, it shall become null and void and of no
effect whatsoever.
"Used" means the issuance of a building permit. A time extension may be
requested as permitted in Municipal Code Section 9.200.080D.
3. Developer agrees to indemnify, defend, and hold harmless the City of La
Quinta in the event of any legal claim or litigation arising out of the City's
approval of this project. The City of La Quinta shall have the right to select its
defense counsel in its sole discretion.
4. The applicant shall obtain permits and/or clearances from the following public
agencies; as needed:
- Fire Marshal
- Public Works Department (Grading Permit, Improvement Permit)
- Community Development Department
- Riverside Co. Environmental Health Department
- Desert Sands Unified School District
- Coachella Valley Water District (per letter of June 1,1998, on file in
Community Development Department)
- Imperial Irrigation District
- California Regional Water Quality Control Board (NPDES Permit)
The applicant is responsible for any requirements of the permits or clearances
from those jurisdictions. If the requirements include approval of improvement
plans, applicant shall furnish proof of said approvals prior to obtaining City
approval of the plans.
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RESOLUTION 98-061
CONDITIONS OF APPROVAL -ADOPTED
CONDITIONAL USE PERMIT 98-040
JULY 28, 1998
For projects requiring NPDES construction permits, the applicant shall include
a copy of the application for the Notice of Intent with grading plans submitted
for plan checking. Prior to issuance of a grading or site construction permit,
the applicant shall submit a copy of the proposed Storm Water Pollution
Protection Plan for review by the Public Works Department.
5. 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.
6. All applicable conditions of Specific Plan 98-032 shall be met.
7. Exterior lighting shall to be low profile, down shining, and comply with
Municipal Code and not cause annoyance to surrounding properties. Plans to
be approved by Community Development Department prior to issuance of each
building permit.
8. Upon their approval by the City Council, the City Clerk is authorized to file
these Conditions of Approval with the Riverside County Recorder for
recordation against the property to which they apply.
9. Landscape and irrigation plans shall be approved by the Community
Development Department. Landscape and irrigation construction plans shall
be submitted to the Public Works Department for review and approval by the
City Engineer. The plans are not approved for construction until they have
been approved and signed by the City Engineer, the Coachella Valley Water
District, and the Riverside County Agricultural Commissioner.
10. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape
areas outside the right of way.
11. Landscape areas shall have permanent irrigation improvements meeting the
requirements of the City Engineer. Use of lawn shall be minimized with no
lawn or spray irrigation within 5-feet of curbs along public streets.
12. The applicant shall ensure that landscaping plans and utility plans are
coordinated to provide visual screening of above -ground utility structures.
13. All 24" box trees shall have a minimum 2'%" caliper.
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RESOLUTION 98-061
CONDITIONS OF APPROVAL -ADOPTED
CONDITIONAL USE PERMIT 98-040
JULY 28, 1998
FIRE MARSHAL
14. Plans shall be submitted to the Fire Marshal for approval prior to issuance of
Building permits for the cottages and any future resort residential units.
15." This Conditional Use Permit shall not be valid until Ordinance 325 (Zoning
Code update) becomes effective.
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