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PCRES 2001-089PLANNING COMMISSION RESOLUTION 2001-089 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, ALLOWING THE USE AND DEVELOPMENT PLANS OF A TWO-STORY MULTI - TENANT GENERAL OFFICE BUILDING, LOCATED AT 78- 099 CALLE ESTADO. CASE NO. VILLAGE USE PERMIT 2001-009 STARLIGHT MANAGEMENT, INC. WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 26`h day of June, 2001, hold a duly noticed Public Hearing, at the request of Starlight Management, Inc., to consider a Village Use Permit for a two-story multi -tenant general office building, more particularly described as: LOT 7, BLOCK 9, UNIT NO. 1 DESERT CLUB TRACT, LA QUINTA APN: 770-152-007 WHEREAS, at the Public Hearing upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, said Planning Commission did make the following findings to justify the approval of said Village Use Permit: 1. Con i encv with General Plan As designed and conditioned, the design and improvements are consistent with the current goals and objectives of La Quinta General Plan, and the Village at La Quinta Design Guidelines, in that the two-story, multi -tenant office building meets the policies and goals for small businesses offering goods and services in the Village Commercial area. 2. Consistency with Zoning Code As designed and conditioned, the proposal is consistent with most current standards of the Zoning Code in that the existing VC (Village Commercial) Zoning District provides for approval of certain uses deemed desirable in the Village downtown for the convenience of residents, visitors, and businesses but have impacts which must be mitigated by conditions specific to each proposed use. The shortage of required on -site parking is allowable through the approval of the Planning Commission due to the size of the lot and the existence of other parking in the area designed to compensate for the parking shortage. 3. Compliance —with CEQA This proposed project has been determined to be exempt from environmental assessment pursuant to Section 15303 of the California Environmental Quality Act which exempts office buildings not involving the use of significant amounts of hazardous substances and not exceeding 10,000 square feet in floor area on sites zoned for such use, and where all necessary public services and facilities are available, and the surrounding area is not environmentally Page 1 sensitive. Considering the record as a whole, there is no evidence before the City that the proposed project will have potential for adverse effect on wildlife resources or the habitat on which the wildlife depends. 4. Surrounding Uses As designed and conditioned, the design of the two-story multi - tenant office building is not likely to cause serious public health problems, or adversely impact the general public welfare or safety, in that the Fire Department, Community Development Department, and the City's Building & Safety Department have reviewed the project for these issues with no concerns identified. rchi ctural Design As designed and conditioned, the proposed building architecture does comply with the architectural guidelines of the adopted Village at La Quinta Design Guidelines with respect to design, scale, mass, place, and appropriate architectural detailing including the wrought iron banister and smooth troweled stucco finish. 6. it _ esion. As designed and conditioned, the proposed office building is consistent with the development standards for the Village Commercial Zoning District with respect to setbacks, building height of 30' 6", parking and traffic circulation with access from the service alley, trash facility, location of landscaping planters in the rear parking lot, shading for parking provided by the cantilevering of the building, and required street improvements to the service alley and Calle Estado. Lan s a Design As designed and conditioned, the proposed project is consistent with the Village at La Quinta Design Guidelines with respect to the design of the landscaping for the parking lot, appropriate plant species, and the tree in a tree -well in the front sidewalk to provide pedestrian shading and soften the appearance of the building. sign Program. As designed and conditioned, the proposed locations and design for signs provides balance and aesthetic appeal while communicating necessary information about tenants. 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 correct and constitute the findings of said Planning Commission in this case; That it does hereby approve the above described Village Use Permit, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. Page 2 PASSED, APPROVED, AND ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 261h day of June, 2001, by the following vote, to wit: AYES: Commissioners Abels, Butler, Tyler, and Chairman Robbins NOES: None ABSENT: Commissioner Kirk ABSTAIN: None STEVE ROBBINS, Chairman City of La Quinta, California ATTEST: JE HERMta, , Community Development Director C v La Qui California Page 3 PLANNING COMMISSION RESOLUTION 2001.089 CONDITIONS OF APPROVAL • APPROVED VILLAGE USE PERMIT 2001-009 STARLIGHT MANAGEMENT, INC. JUNE 26, 2001 GENERAL ONDITIONS OF APPROVAL 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 preceeding and shall cooperate fully in the defense. 2. Approval of this Village Use Permit is subject to compliance with Sections 9.65 and 9.150.050(D) of the Zoning Code, as applicable. Development of this site shall be in substantial conformance with Exhibits approved and contained in the file for Village Use Permit 2001-009, unless amended by the following conditions. 4. The approved Village Use Permit shall be used within two years from City approval date of June 26, 2001; otherwise, it shall become null and void and of no effect whatsoever. "Be used" means beginning of substantial construction as allowed by this approval. A one year time extension may be requested pursuant to Section 9.200.080(D) of the Zoning Code. Prior to 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 County 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. Page 1 PLANNING COMMISSION RESOLUTION 2001.089 CONDITIONS OF APPROVAL - APPROVED VILLAGE USE PERMIT 2001.009 STARLIGHT MANAGEMENT, INC. JUNE 26, 2001 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. Prior to issuance of any construction permits, the applicant shall acquire or confer easements and other property rights required or otherwise necessary for construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction, and reconstruction of essential improvements. Right of way dedications required of this development include: A. PUBLIC STREETS 1) Calle Estado - no dedication required 2) Service Alley - no dedication required 8. 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. GRA DiN This development shall comply with Chapter 8.11 of the LQMC (Flood Hazard Regulations). If any portion of any proposed building lot in the development is or may be located within a flood hazard area as identified on the City's Flood Insurance Rate Maps, the development shall be graded to ensure that all floors and exterior fill (at the foundation) are above the level of the project (100-year) flood and building pads are compacted to 95% Proctor Density as required in Title 44 of the Code of Federal Regulations, Section 65.5(a) (6). Prior to issuance of building permits for lots which are so located, the applicant shall furnish certifications as required by FEMA that the above conditions have been met. Page 2 PLANNING COMMISSION RESOLUTION 2001.089 CONDITIONS OF APPROVAL - APPROVED VILLAGE USE PERMIT 2001-009 STARLIGHT MANAGEMENT, INC. JUNE 26, 2001 10. Prior to issuance of a grading permit, the applicant shall furnish a preliminary geotechnical ("soils") report and an approved grading plan prepared by a qualified engineer. The grading plan shall conform with the recommendations of the soils report and be certified as adequate by a soils engineer or engineering geologist. A statement shall appear on final maps (if any are required of this development) that a soils report has been prepared pursuant to Section 17953 of the Health and Safety Code. 11. 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. 12. 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 16.6, 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. 13, 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. 14. Prior to issuance of building permits, the applicant shall provide building pad certifications stamped and signed by qualified engineers or surveyors. TLTILITIE _ 15. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within the right of way and all above -ground utility structures including, but not limited to, traffic signal cabinets, electrical vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 16. Utilities shall be installed prior to overlaying 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. Page 3 PLANNING COMMISSION RESOLUTION 2001-089 CONDITIONS OF APPROVAL -APPROVED VILLAGE USE PERMIT 2001-009 STARLIGHT MANAGEMENT, INC. JUNE 26, 2001 STREET AND TRAFFIC IMPROVEMENTS 17. General access points and turning movements of traffic are limited to the following: A. Access is prohibited to Calle Estado. Property access will be from the service alley adjacent to the south of the property. Note that the service alley will be restricted to one-way traffic, the direction of which will be determined by the City at a later date. LANDSCAPING 18. Landscape and irrigation plans shall be signed and stamped by a licensed landscape architect. The applicant shall submit plans for approval by the Community Development Department prior to plan checking by the Public Works Department. When plan checking is complete, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner prior to submitting for signature by the City Engineer. 19. 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 18 inches of curbs along public streets. MAINTENANCE 20. 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. FEES AND DEP IT 21. 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. FIRE MARSHAL CONDITIONS 22. Blue dot reflectors shall be placed in the street 8 inches from centerline of the travel lane that the fire hydrant is on, to identify fire hydrant locations. Page 4 PLANNING COMMISSION RESOLUTION 2001.089 CONDITIONS OF APPROVAL - APPROVED VILLAGE USE PERMIT 2001-009 STARLIGHT MANAGEMENT, INC. JUNE 26, 2001 23. Minimum fire flow of 1500 GPM for a 2-hour duration. Fire flow is based on type VN construction and a complete fire sprinkler system. 24. Prior to issuance of building permit, staff shall work with the applicant to provide a non -obtrusive location for the detector check. City of La Quinta ordinance requires all commercial buildings 5,000 square feet or larger to be fully sprinkled. NFPA 13 standard. 25. Approved super fire hydrants shall be located not less than 25 feet, nor more than 165 feet, from any portion of the buildings as measured along vehicular travel ways. 26. Provide primary and secondary access for emergency vehicles. 27. Gates (if any) shall be equipped with a rapid entry system (KNOX). Plans shall be submitted to the Fire Department for approval prior to installation. Gate pins shall be rated with a shear pin force not to exceed 30 pounds. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. 28. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible material being placed on an individual lot. 29. The applicant or developer shall prepare and submit to the Fire Department for approval a site plan designating required fire lanes with appropriate lane painting and/or signs. 30. Install a KNOX key box. Contact the Fire Department for an application. 31. Install portable fire extinguishers in cabinets throughout the complex. M I SCEll-1-AN-FOUS 32. Prior to issuance of building permits, the building elevations shall be revised to indicate that the stucco shall be smooth trowel finished. 33. Prior to final inspection, the applicant shall post traffic directional signs indicating one-way traffic for the service alley. The number, design, and location of these signs shall be subject to the City Engineer's approval. 34. Final plans for all exterior lighting fixtures shall be approved by the Community Development Department prior to issuance of building permit. Page 5 PLANNING COMMISSION RESOLUTION 2001-089 CONDITIONS OF APPROVAL - APPROVED VILLAGE USE PERMIT 2001-009 STARLIGHT MANAGEMENT, INC. JUNE 26, 2001 35. Prior to issuance of building permit, the balustrade shall be replaced with metal railing and pickets and the roof shall include design relief through random mudding and colors. 36. Prior to issuance of a building permit, reduce the building to provide a 10 foot front setback unless a text amendment to the Zoning Code allowing the building on the front property line is adopted. If modified, the applicant shall be required to process a quitclaim for the sidewalk easement, if one exists. 37. Prior to issuance of a building permit, modify the rear elevation to more closely match the style of the front elevation. This could include adding multi -pane windows and doors, as well as a substituting a handrail for the low stucco wall. 38. Prior to issuance of a building permit, staff shall work with the applicant to provide an appropriate location for the building address. Page 6