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PCRES 1998-071PLANNING COMMISSION RESOLUTION 98-071 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A VILLAGE USE PERMIT TO ALLOW THE USE OF A COMMERCIAL BUILDING AS A DAY SPA AND BEAUTY SALON CASE NO.: VILLAGE USE PERMIT 98-001 APPLICANT: JAMES LEWIS WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 27`" day of, October, 1998, hold a duly noticed Public Hearing to consider the request of James Lewis (JTL Property, Inc.) for approval of a Village Use Permit to allow remodeling and construction of a 1,050 square foot addition to a 2,438 square foot commercial building for use as day spa and beauty salon, Located on the east side of Eisenhower Drive, between Avenida Montezuma and Avenida Martinez (51-230 Eisenhower Drive) more particularly described as: Lots 9, 10, 11, and 12, Block 128, Santa Carmelita at Vale La Quinta No. 14 WHEREAS, said Village 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 determined this Village Use Permit request is categorically exempt from further environmental review pursuant to Section 15301, Class 1(E) of the Guidelines for Implementation of the California Environmental Quality Act, 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 approval of said Village Use Permit: A. The project is consistent with the General Plan and Zoning Code in that the use is permitted in the VC District and has been designed to comply with the applicable VC District development standards and provisions. B. This Village Use Permit has been determined to be categorically exempted from California Environmental Quality Act requirements under Section 15301, Class 1 (E) of the Guidelines for Implementation. C. The project will not create conditions materially detrimental to the public health, safety, and general welfare in that the use is contained in a structure that for the most part exists, and the use will operate in conformance with all applicable requirements. c:\pc res vup 98-001 Planning Commission Resolution 98-071 Village Use Permit 98-001 January 27, 1998 D. The architectural design of the building with the addition, is compatible with the surrounding uses and quality of design illustrated in the Village at La Quinta Design Guidelines, provided the recommended revisions to the building are implemented. E. The site design of the project including entries, circulation, screening, is compatible with the surrounding project, provided the recommended revisions to the site are implemented. F. The majority of the landscaping exists and will be retained. New planting will be provided as needed to complete the landscaping of the site. 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 approve Village Use Permit 98-001 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 27t" day of October, 1998, by the following vote, to wit: AYES: Commissioners Butler, Kirk, Robbins and Chairman Tyler. NOES: None. ABSENT: Commissioner Abels. ABSTAIN: None. 6 C11i - ROBERT T. TYLE , Chairman City of La Quinta, California ATTEST: HERMA , Community Development Director La Qui ta, California Opc res vup 98-001 PLANNING COMMISSION RESOLUTION 98-071 CONDITIONS OF APPROVAL -ADOPTED VILLAGE USE PERMIT 98-001 JAMES LEWIS OCTOBER 27, 1998 GENERAL 1. The use of this site shall be in conformance with the approved exhibits contained in Village Use Permit 98-001, unless otherwise amended by the following conditions. 2. The approved Village Use Permit shall be used within two years of the date of approval, otherwise, it shall become null and void and of no effect whatsoever. "Used" means the issuance of a building permit, completion of the work in a timely manner, and the beginning of operation of the business. 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 project shall incorporate the latest technology in recycling and other means of reducing the amount of waste requiring disposal (land filing), during demolition. Construction, and upon site development/operation. A) prior to issuance of a demolition/building permit, the applicant shall provide proof to the Community Development Department that a recycling company and program has been established for the recycling of construction/demolition debris. B) If the applicant can successfully demonstrate that current provisions exist to meet the requirements of the California Solid Waste Reuse and Recycling Access Act of 1991, the Community Development Director may waive, modify, or delete the requirements of this condition. 5. 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 p:\pc coa res vup 98-001 PLANNING COMMISSION RESOLUTION 98-071 CONDITIONS OF APPROVAL - ADOPTED VILLAGE USE PERMIT 98-001 OCTOBER 27, 1998 - Riverside Co. Environmental Health Department - Desert Sands Unified School District - Coachella Valley Water District - Imperial Irrigation District 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. 6. Provisions shall be made to comply with the terms and requirements of the City's adopted Infrastructure Fee program and the school mitigation fee in effect at the time of issuance of building permits. 7. Plant materials used shall match or be compatible to those used on the site. 8. Exterior colors and materials of the existing and proposed building shall match. 9. Provide architectural treatment on the east (right elevation) and north (front elevation) sides of the building. This could include windows (full length or clerestory), false plaster window treatment, wainscot (around the building) or some similar exterior design treatment. 10. Provide screening of parking from Avenida Montezuma per Zoning Code requirements. 11. The new roof shall be revised to not encroach over property line. 12. A trellis, arcade, entry statement, or other similar structure shall be provided over the patron entrance in the parking lot. 13. Revised plans shall be submitted to the Community Development Department for review and approval prior to exterior remodeling beginning. Plans to include those items referred to in Conditions #7 through 12. 14. Comprehensive sign program, in compliance with applicable code requirements shall be approved by the Planning Commission prior to any exterior remodeling beginning. p:\pc coa res vup 98-001 PLANNING COMMISSION RESOLUTION 98-071 CONDITIONS OF APPROVAL - ADOPTED VILLAGE USE PERMIT 98-001 OCTOBER 27, 1998 15. The applicant shall repair existing site improvements as follows: a. On Ave Martinez, replace deteriorated curb and gutter at the driveway. As necessary, remove and replace the drive apron, sidewalk and parking lot pavement to correct the drainage problem underlying the deterioration of the curb and gutter. b. On Ave Montezuma, repair easterly driveway as above. Remove palm tree at this drive and another at the east end of the Ave Montezuma frontage and replace the curbing, sidewalk and pavement which were displaced by the trees. Replace or grind the offset sidewalk joint near the southeasterly corner of the building. If grinding is utilized, the resulting surface shall be lightly scored, etched or otherwise textured to prevent a slipping hazard. Repair methods and results shall be as approved by the City Engineer. FIRE MARSHAL 16. The required fire flow shall be available from a Super fire hydrant(s), (6" x 4" x 2-1 /2" x 2-1 /2") located not less than 25' or more than 165' from any portion of the building as measured along approved vehicular travel ways. 17. Blue retro-reflective pavement markets shall be mounted on private streets, public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers must be approved by the Riverside County Fire Department. 18. Prior to the issuance of a building permit, applicant/developer shall furnish one blue line copy of the water system plans to the Fire Department for review. Plans shall conform to the fire hydrant types, location and spacing, and the system shall meet the fire flow requirements. Plans must be signed by a registered Civil Engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department". 19. The required water system, including fire hydrants shall be installed and operational to the start of construction. p:\pc coa res vup 98-001 PLANNING COMMISSION RESOLUTION 98-071 CONDITIONS OF APPROVAL - ADOPTED VILLAGE USE PERMIT 98-001 OCTOBER 27, 1998 20. Install portable fire extinguishers per NFPA, Pamphlet #10, but not less than 2A1013C in rating. Contact certified extinguisher company for proper placement of equipment. 21. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within twelve (12) months. 22. The 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 fire hydrant and existing water system is capable of delivering 1500 gpm fire flow for a two hgour 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. 23. Install Knox Key Lock boxes, Models 4400, 3200 or 1300, mounted per recommended standard of the Knox Company. Plans must be submitted to the Fire Department for approval of mounting location/position and operating standards. Special forms are available from this office for the ordering of the Key Switch, this form must be authorized and signed by this office for the correctly coded system to be purchased. 24. If the building/ facility is protected with a fire alarm system or burglar alarm system, the lock boxes will require "tamper" monitoring. 25. If the facility requires Hazardous Reporting (Material Safety Data Sheets), the Knox Haz Mat Data and Key Storage Cabinet, Model 1220 or 1300 with tamper switches shall be used. 26. Final conditions will be addressed when building plans are reviewed. A plan check fee must be paid to the Fire Department at the time building plans are submitted. p:\pc coa res vup 98-001