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PCRES 2001-013PLANNING COMMISSION RESOLUTION 2001-013 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING EXTERIOR REMODELING PLANS AND A NEW VALET PARKING LOT FOR A RESTAURANT CASE NO.: VILLAGE USE PERMIT 2001-006 DESERT SAGE II, LLC WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 13`h day of, February, 2001, hold a duly noticed Public Hearing to consider the request of Desert Sage II, LLC, for approval of a Village Use Permit to allow exterior remodeling and construction of s valet parking lot for a restaurant, located at 78-085 Avenida La Fonda, more particularly described as: APN's 770-122-002 through -008 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 and Section 15311, Class 11 of the Guidelines for Implementation of the California Environmental Quality Act, as amended (Resolution 83-63), 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 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, guidelines, and provisions. B. This project has been determined to be categorically exempted from California Environmental Quality Act requirements under Section 15301, Class 1 and Section 15311, Class 11 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 an existing structure and parking lot that complies with applicable requirements provided the lots are merged, and the use will operate in conformance with all applicable requirements. n:\stan\vup 2001--006.wpd Planning Commission Resolution 2001-013 Village Use Permit 2001-006 February 13, 2001 D. The architectural design of the building with the remodeling, is compatible with the surrounding uses and quality of design illustrated in the Village at La Quinta Design Guidelines, provided the recommended exhaust hood screen is provided to the building as recommended. E. The site design of the project including entries, circulation, screening, is compatible with the surrounding project, provided the recommended drive aisle is provided as recommended. F. The landscaping plans provide an attractive appearance surrounding the existing building and new parking lot provided additional trees are installed between the double row of parking to comply with the tree shading requirements of the Zoning Code as recommended. 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 2001-006 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 13`h day of February, 2001, by the following vote, to wit: AYES: Commissioners Abels, Butler, Kirk, Tyler, and Chairman Robbins NOES: None. ABSENT: None. ABSTAIN: None. STEVE ROBBINS, Chairman City of La Quinta, California ATTEST: l �RY HE AN, Community Development Director it of La uinta, California nAstan\vuo 2001-006 pc res.wpd Planning Commission Resolution 2001-013 Conditions of Approval - Adopted Village Use Permit 2001-006 Desert Sage II, LLC February 13, 2001 GENERAL 1. Upon conditional approval by the Planning Commission of this development application, the City Clerk shall prepare and record, with the Riverside County Recorder, a memorandum noting that conditions of approval for development of the property exist and are available for review at City Hall. 2. The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this tentative map or any final map thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 3. Prior to the issuance of a grading, construction or building permit, the applicant shall obtain permits and/or clearances from the following public agencies: • 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 (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) 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. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. For projects requiring project -specific NPDES construction permits, the applicant shall submit a copy of the CWQCB acknowledgment of the applicant's Notice of Intent prior to issuance of a grading or site construction permit. The applicant shall ensure that the required Storm Water Pollution Protection Plan is available for inspection at the project site. P:\STAN\vup 2001-006 pc coa.wpd Printed August 22, 2001 Page 1 of 7 Planning Commission Resolution 2001-013 Conditions of Approval - Adopted Village Use Permit 2001-006 Desert Sage II, LLC February 13, 2001 PROPERTY RIGHTS 4. The applicant shall vacate abutter's rights of access to public streets and properties from all frontage along the streets and properties except access points shown on the approved plans. 5. The applicant shall furnish proof of easements or written permission, as appropriate, from owners of any abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments are to occur. 6. If the applicant proposes vacation or abandonment of any existing rights of way or access easements which will diminish access rights to any properties owned by others, the applicant shall provide approved alternate rights of way or access easements to those properties or notarized letters of consent from the property owners. IMPROVEMENT PLANS As used throughout these conditions of approval, professional titles such as "engineer," "surveyor," and "architect" refer to persons currently certified or licensed to practice their respective professions in the State of California. 7. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and landscape architects, as appropriate. Plans shall be submitted on 24" x 36" media in the categories of "Rough Grading," "Precise Grading," "Streets & Drainage," and "Landscaping." Precise grading plans shall have signature blocks for Community Development Director and the Building Official. All other plans shall have signature blocks for the City Engineer. Plans are not approved for construction until they are signed. "Streets and Drainage" plans shall normally include signals, sidewalks, bike paths, entry drives, gates, and parking lots. "Landscaping" plans shall normally include irrigation improvements, landscape lighting and entry monuments. "Precise Grading" plans shall normally include perimeter walls. Plans for improvements not listed above shall be in formats approved by the City Engineer. P:\STAN\vup 2001-006 pc coa.wpd Printed August 22, 2001 Page 2 of 7 Planning Commission Resolution 2001-013 Conditions of Approval - Adopted Village Use Permit 2001-006 Desert Sage II, LLC February 13, 2001 8. The City may maintain standard plans, details and/or construction notes for elements of construction. For a fee established by City resolution, the applicant may acquire standard plan and/or detail sheets from the City. 9. When final plans are approved by the City, the applicant shall furnish accurate AutoCad files of the complete, approved plans on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. At the completion of construction and prior to final acceptance of improvements, the applicant shall update the files to reflect as -constructed conditions. If the plans were not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the plans. IMPROVEMENT AGREEMENT 10. The applicant shall construct improvements and/or satisfy obligations, or furnish an executed, secured agreement to construct improvements and/or satisfy obligations required by the City prior to approval of a final map or parcel map or issuance of a certificate of compliance for a waived parcel map. For secured agreements, security provided, and the release thereof, shall conform with Chapter 13, LQMC. Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 11. If improvements are secured, the applicant shall provide estimates of improvement costs for checking and approval by the City Engineer. Estimates shall comply with the schedule of unit costs adopted by City resolution or ordinance. For items not listed in the City's schedule, estimates shall meet the approval of the City Engineer. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies. Security is not required for telephone, gas, or T.V. cable improvements. However, development -wide improvements shall not be agendized for final acceptance until the City receives confirmation from the telephone authority that the applicant has met all requirements for telephone service to lots within the development. P \RTAN\vun 2001-006 oc coa.wod Printed August 22, 2001 Page 3 of 7 Planning Commission Resolution 2001-013 Conditions of Approval - Adopted Village Use Permit 2001-006 Desert Sage II, LLC February 13, 2001 12. If the applicant fails to construct improvements or satisfy obligations in a timely manner or as specified in an approved phasing plan or in an improvement agreement, the City shall have the right to halt issuance of building permits or final building inspections, withhold other approvals related to the development of the project or call upon the surety to complete the improvements. GRADING 13. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape areas outside the right of way unless otherwise approved by the City Engineer. 14. Prior to occupation of the project site for construction purposes, the applicant shall submit and receive approval of a fugitive dust control plan prepared in accordance with Chapter 6.16, LQMC. The Applicant shall furnish security, in a form acceptable to the city, in an amount sufficient to guarantee compliance with the provisions of the permit. 15. The applicant shall maintain graded, undeveloped land to prevent wind and water erosion of soils. The land shall be planted with interim landscaping or provided with other erosion control measures approved by the Community Development and Public Works Departments. DRAINAGE 16. Nuisance water shall be retained on site and disposed of in an approved manner. UTILITIES 17. The applicant shall coordinate with Imperial Irrigation District for the removal or relocation of the power pole and guy wire conflicting with the westernmost entrance to the valet parking facility from the alley. 18. Utilities shall be installed prior to overlying hardscape. For installation of utilities in existing, improved streets, the applicant shall comply with trench restoration requirements maintained or required by the City Engineer. The applicant shall provide certified reports of trench compaction for approval of the City Engineer. P:\STAN\vup 2001-006 pc coa.wpd Printed August 22, 2001 Page 4 of 7 Planning Commission Resolution 2001-013 Conditions of Approval - Adopted Village Use Permit 2001-006 Desert Sage II, LLC February 13, 2001 STREET AND TRAFFIC IMPROVEMENTS 19. Improvements shall include removal of two approaches from Ave. La Fonda and construction of two new approaches from Ave. La Fonda. Improvements to agree and match with planned improvements as part of the Improvement District plans for Ave. La Fonda. 20. The applicant may be required to extend improvements beyond development boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 21. Improvements shall be designed and constructed in accordance with the LQMC, adopted standards, supplemental drawings and specifications, and as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 22. The applicant shall design street pavement sections using Caltrans' design procedure (20-year life) and site -specific data for soil strength and anticipated traffic loading (including construction traffic)• Minimum structural sections shall be as follows (or approved equivalents for alternate materials): Residential & Parking Areas 3.0" a.c./4.50" c.a.b. 23. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 24. The City will conduct final inspections of homes and other habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly -maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the tract or when directed by the City, whichever comes first. P:\STAN\vup 2001-006 pc coa.wpd Printed August 22, 2001 Page 5 of 7 Planning Commission Resolution 2001-013 Conditions of Approval - Adopted Village Use Permit 2001-006 Desert Sage II, LLC February 13, 2001 25. General access points and turning movements of traffic are limited to the following: A. Westernmost Access off Ave. La Fonda - Right in, right out. B. Easternmost Access off Ave. La Fonda - Right in, Right out. Applicant's engineer to review the turning radius requirements for this access in conjunction with the plans for the Ave. La Fonda improvements, and make adjustments if appropriate, subject to the approval of the City Engineer. QUALITY ASSURANCE 26. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer, 27. The applicant shall employ or retain qualified civil engineers, geotechnical engineers, surveyors, or other appropriate professionals to provide sufficient construction supervision to be able to furnish and sign accurate record drawings. 28. The applicant shall arrange and bear the cost of measurement, sampling and testing procedures not included in the City's inspection program but required by the City as evidence that construction materials and methods comply with plans, specifications and applicable regulations. 29. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all improvement plans which were signed by the City. Each sheet shall be clearly marked "Record Drawings," "As -Built" or "As -Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. The applicant shall revise the CAD or raster -image files previously submitted to the City to reflect as -constructed conditions. MAINTENANCE 30. The applicant shall make provisions for continuous, perpetual maintenance of all on -site improvements, perimeter landscaping, access drives, and sidewalks. The applicant shall maintain required public improvements until expressly released from this responsibility by the appropriate public agency. P:\STAN\vup 2001-006 pc coa.wpd Printed August 22, 2001 Page 6 of 7 Planning Commission Resolution 2001-013 Conditions of Approval - Adopted Village Use Permit 2001-006 Desert Sage II, LLC February 13, 2001 FEES AND DEPOSITS 31. The applicant shall pay the City's established fees for plan checking and construction inspection. Fee amounts shall be those in effect when the applicant makes application for plan checking and permits. MISCELLANEOUS 32. Prior to final inspection by the Building and Safety Department and Community Development Department of the construction authorized by this approval, the lots used for the driveways and parking lot shall be merged (approved by the City and recorded by the Riverside County Recorder) with the restaurant site. 33. Prior to issuance of a grading permit for the new parking lot, a parking lot lighting plan, with a photometrics study, shall be submitted to the Community Development Department for approval. The plan shall utilize downshining fixtures with standards (poles) only high enough to meet footcandle requirements. 34. Prior to beginning of work authorized by this approval, final working drawings shall be approved by the Community Development Department and include the following revision: A. A screen shall be provided around the new exhaust hood on the roof near the rear of the building, and shall use stucco sides to match the building. B. The plans shall indicate a parapet around the new walk-in cooler at the rear of the building. 35. The parking lot shall be revised to provide a 20 foot wide drive aisle between the two north -south rows of parking at the south end of the parking lot, unless the power pole and guy wire adjacent to the westerly driveway to the alley is relocated or removed pursuant to Condition #17. 36. The final landscaping and irrigation plans have shall be submitted to the Community Development Department prior to the parking lot improvement plans being approved by the Public Works Department and include the following revision: A. Provide minimum 24" box size trees (1.5-2.5" caliper) in parking lot tree wells between double row of parking. Pdntcd Almost 99. 9001 Pane 7 of 7