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PCRES 1998-084PLANNING COMMISSION RESOLUTION 98-084 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AN AMENDMENT TO A PLOT PLAN TO ALLOW BUILDING ELEVATION MODIFICATIONS FOR A 550+ SQUARE FOOT EXPANSION OF AN EXISTING BUILDING (FORMERLY SESAME') FOR USE AS A RESTAURANT CASE NO.: PLOT PLAN 94-543, AMENDMENT #1 APPLICANT: DAVID CHAPMAN WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 241h day of, November, 1998, hold a duly noticed Public Hearing to consider the request of David Chapman for approval of an amendment to a previously approved Plot Plan to allow building elevation modifications for a 550+ square foot expansion of an existing building (formerly Sesame') for use as a restaurant, located at 50981 Washington Street at the northwest corner of Washington Street and Calle Tampico in the La Quinta Village Shopping Center, more particularly described as: APN 769-030-062 WHEREAS, said Plot Plan amendment 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 Plot Plan amendment 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, the Architecture and Landscaping Review Committee, on the 201h day of November, 1998, did review and unanimously recommend to the Planning Commission approval of this request, subject to conditions; 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 Plot Plan amendment: A. Consistency with the General Plan- The General Plan indicates the shopping center site as Neighborhood Commercial. This designation includes restaurants, as is proposed by this application. p:\stan\pc res pp 94-543 am #1 Planning Commission Resolution 98-084 November 24, 1998 B. Consistency with the Zoning Code- The restaurant was constructed in compliance with then existing Code requirements. This addition complies with applicable Code requirements and Plot Plan requirements of the center. C. Compliance with the California Environmental Quality Act requirements- This addition to the restaurant is categorically exempted pursuant to the Guidelines for Implementation of the California Environmental Quality Act, Section 15301, Class 1 (e), and therefore, in compliance with the requirements. D. Compatibility with Surrounding Uses- The architectural design of the building with the addition, is compatible with the surrounding uses, including other buildings in the center, and quality of design illustrated in the Village at La Quinta Design Guidelines E. Architectural Design- The architectural style, scale, building mass, materials, colors, architectural details, roof style, and other architectural elements are compatible with the surrounding development and with the quality of design illustrated in the Village at La Quinta Guidelines in that the proposed construction matches the existing building. The building will be painted to match the main shopping center. The revised project promotes the element of human scale and architectural variety, as desired in the Village at La. Quinta Design Guidelines. F. Landscape Design- Since the building is existing, the site is fully landscaped and has been maintained. Due to the location of the proposed additions to the existing building, new landscaping is not needed. Any new landscaping will be primarily to replace dead plants or upgrade the design. G. Sign Program- The plans indicate the existing signs will be removed and replaced with new signs which will be approved by the planning Commission. 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 Plot Plan 94-543, Amendment #1 for the reasons set forth in this Resolution and subject to the attached conditions. Planning Commission Resolution 98-084 November 24, 1998 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 241h day of November, 1998, by the following vote, to wit: AYES: Commissioners Butler, Kirk, Robbins, and Chairman Tyler NOES: None ABSENT: Commissioner Abels ABSTAIN: None U ROBERT T. TYLER, Chairman City of La Quinta, California ATTEST: iY HER RCN, Community Development Director of La uinta, California c:\pc res pp 94-543 am p1 PLANNING COMMISSION RESOLUTION 98-084 CONDITIONS OF APPROVAL - ADOPTED PLOT PLAN 94-543, AMENDMENT #1 DAVID CHAPMAN NOVEMBER 24, 1998 GENERAL 1. The use of this site shall be in conformance with the approved exhibits contained in Plot Plan 94-543, Amendment #1, unless otherwise amended by the following conditions. 2. The approved amended Plot Plan 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: p:\pc coa pp 94-543, am #1 PLANNING COMMISSION RESOLUTION 98-084 CONDITIONS OF APPROVAL - ADOPTED PLOT PLAN 94-543, AMENDMENT #1 NOVEMBER 24, 1998 - Fire Marshal - Public Works Department - Community Development Department - 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. Prior to issuance of a building permit, 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. Final architectural working drawings, substantially conforming to this approval shall be submitted to the Community Development Department for approval prior to submission of plans to the Building and Safety Department. 8. The exterior colors shall match those used in the shopping center. 9. Comprehensive sign program, in compliance with applicable code requirements and/or sign program shall be approved by the Planning Commission prior to any fabrication of the signs. 10. Fire Department 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 for their review. 11. No roof equipment shall be allowed to encroach above the height of the parapet or roof. -