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PCRES 2001-032PLANNING COMMISSION RESOLUTION 2001-032 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING REMODELING PLANS AND CHANGE OF USE FOR A ART GALLERY AND PROFESSIONAL STUDIO CASE NO.: VILLAGE USE PERMIT 2001-008 APPLICANT: JOSEPH ROUNAGHI WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 131h and 27`h days of March, 2001, hold duly noticed Public Hearings to consider the request of Joseph Rounaghi for approval of a Village Use Permit to allow exterior remodeling and change of use for a new art gallery and professional studio on approximately 0.33 acres located at 51-230 Eisenhower Drive, more particularly described as: APN: 773-072-019 (Lot Nos. 9-12, Block #128, SC@VLQ #14); Portion of Section #1, T6S, R6E, SBBM 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 (a and g) of the Guidelines for Implementation of the California Environmental Quality Act, as amended (Resolution 83-63); and WHEREAS, the Architecture and Landscape Review Committee reviewed this request at its meeting of March 21, 2001, and on a 3-0 vote, recommended approval of the applicant's Commercial Property Improvement Program (CPIP) funding request. 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 exempt from California Environmental Quality Act requirements under Section 15301, Class 1 (a and g) of the Guidelines for Implementation in that the applicant is remodeling an existing commercial building and signs. C. The project will not create conditions materially detrimental to the public health, safety, and general welfare in that the use will operate in an existing structure and parking lot that complies with applicable Zoning Code requirements, and be conducted in concert with applicable environmental and health regulations. VUP008 pc reso - 47 Greg (SS form) Planning Commission Resolution 2001- 032 Village Use Permit 2001-008, Joseph Rounaghi March 27, 2001 Page 2 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, as recommended. The proposed fixed glass windows and doors are similar in design to the existing windows and doors on other elevations, and the proposed open visibility fencing for the courtyard is visually attractive. E. The site design of the project including parking and signing is compatible with surrounding commercial developments and consistent with Chapters 9.150 (Parking) and 9.160 (Signs) of the Zoning Code. F. Existing project landscaping provides shading for the building and parking areas consistent with other commercial facilities in The Village. No new landscaping improvements are required by this permit. 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 constitute the Findings of the Planning Commission in this case; and 2. That it does hereby approve Village Use Permit 2001-008 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 271h day of March, 2001, by the following vote, to wit: AYES: Commissioners Abels, Butler, Kirk, Tyler, and Chairman Robbins ABSENT: None ABSTAIN: None STEVE ROBSI S, Chairman City of La Quinta, California ATTEST: JERMAN, Community Development Director CitJ of Va Quinta, California p:\stan\vup 2001-006 pc res.wpd PLANNING COMMISSION RESOLUTION 2001-032 CONDITIONS OF APPROVAL - FINAL VILLAGE USE PERMIT 2001-008, JOSEPH ROUNAGHI MARCH 27, 2001 GENERAL 1. 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 Village Use Permit. 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. 2. 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. FIRE DEPARTMENT 3. Final conditions will be addressed when building plans are reviewed. All questions regarding the meaning of this condition should be referred to the Fire Department Planning and Engineering staff at (760) 863-8886. P:\CAROLYN\Cond vup 2001-006 pc .wpd - 47 Greg Page 1 of 2 FEES AND DEPOSITS 4. 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. 5. Provisions shall be made to comply with the terms and requirements of the City's adopted Development Impact Fee program in effect at the time of issuance of building permits, unless otherwise determined by the Building and Safety Department. MISCELLANEOUS 6. Prior to beginning of work authorized by this approval, final working drawings shall be approved by the Community Development Department including the following: A. Building color samples shall be approved by the Community Development Department prior to being applied. B. A sign permit shall be obtained. 7. Parking spaces shall be restriped and completed before the business opens. 8. Any major changes to the existing landscaping and irrigation plans shall be submitted to the Community Development Department for approval. P:\CAROLYN\Cond vup 2001-008 pc .wpd -47 Greg Page 2 of 2