PCRES 2001-128PLANNING COMMISSION RESOLUTION 2001-128
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF LA QUINTA, CALIFORNIA,
APPROVING EXTERIOR REMODELING PLANS AND
PARKING AND LANDSCAPE IMPROVEMENTS FOR
AN EXISTING COMMERCIAL RESTAURANT
(FORMERLY CHEZ MONIQUE)
CASE NO.: VILLAGE USE PERMIT 2001-010
APPLICANT: EDWIN G. COSEK (ANDREW'S BAR AND GRILL)
WHEREAS, the Planning Commission of the City of La Quinta, California,
did on the 9" day of October, 2001, hold a duly noticed Public Hearing to consider the
request of Edwin G. Cosek (Andrew's Bar and Grill) for approval of a Village Use
Permit to allow exterior remodeling and construction of new parking areas for a
restaurant located at 78-121 Avenida La Fonda, more particularly described as:
APN: 770-122-001; Lots 1-3 of Desert Club Tr. Unit #1
Southwest corner of Desert Club Drive and Avenida La Fonda
WHEREAS, on October 3, 2001, the Architectural Review Committee, on
a 2-0 vote, recommended approval of the restaurant expansion plan, subject to
conditions requiring landscape and patio cover upgrades.
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 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 Village Commercial District and has been designed to comply
with the applicable VC District development standards, guidelines, and
provisions as addressed herein.
B. The project will not create conditions materially detrimental to the public health,
safety, and general welfare in that the outdoor dining is a permitted use and
parking is provided both on- and off -site in close proximity. The proposed bar
and grill restaurant will operate in conformance with all applicable City
requirements and the reduced number parking spaces, as required by the Zoning
Code, for this expansion request will not adversely impact continued
development of commercial uses in The Village due to shared off -site parking
arrangements by and between the City of La Quinta, and the applicant. Two
driveway approaches at the intersection of Avenida La Fonda and Desert Club
Drive will be removed by this project in compliance with The Village design
guidelines, enhancing downtown pedestrian safety.
ResoPC VUP 2001-010.wpd
Planning Commission Resolution 2001-128
Village Use Permit 2001-010, Mr. Edwin Cosek
October 9, 2001
C. This project has been determined to be categorically exempt from the provisions
of the California Environmental Quality Act (CEQA) under Section 15332
because only outdoor dining is proposed along with development of additional
parking stalls and landscaping improvements for an existing commercial
building. Infrastructure improvements and other urban services exist at this
time to serve this remodel request.
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 upgrades are made to the patio trellis and parking
lot design as conditioned. Site lighting shall be shielded when required and low
level for pedestrian activities.
E. The proposed 10 square foot exposed neon building -mounted permanent ID sign
is consistent in size, color and location with Chapter 9.160 of the Zoning Code,
provided the lighting does not produce excessive and unwanted glare.
F. The site design of the project including building entries, circulation, screening,
and landscaping is compatible with the surrounding businesses, provided the
parking spaces comply with City design provisions, including shading,
landscaping and lighting, as recommended.
G. The landscaping plans provide an attractive appearance surrounding the existing
building and new outdoor dining area through the uses of varying species of
trees and palms and shrubbery. Groundcover elements provide water retention
for plants and gravel will be used to control dust.
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; and
2. That it does hereby approve Village Use Permit 2001-010 for the reasons set
forth in this Resolution, subject to the attached conditions.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta Planning Commission held on this 91" day of October, 2001, by the following
vote, to wit:
ResoPC VUP 2001-010.wpd
Planning Commission Resolution 2001-128
Village Use Permit 2001-010, Mr. Edwin Cosek
October 9, 2001
AYES: Commissioners Butler, Robbins, Tyler, and Chairman Abels
NOES: None
ABSENT: None
ABSTAIN: Commissioner Kirk
ABELS, Chairman
Quinta, California
ATTEST:
IY HER*AN, Community Development Director
of La Quinta, California
p:\stan\vup 2001-006 pc res.wpd
PLANNING COMMISSION RESOLUTION 2001-128
CONDITIONS OF APPROVAL - ADOPTED
VILLAGE USE PERMIT 2001-010
EDWIN G. COSEK (ANDREW'S BAR AND GRILL)
OCTOBER 9, 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 and any other challenge pertaining to this project. This indemnification
shall include any award toward attorney's fees.
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 and
departments:
• Fire Marshal
• Public Works Department (Grading Permit, Improvement Permit)
• Community Development Department
• Riverside Co. Environmental Health Department
• Desert Sands Unified School District (DSUSD)
• 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.
PACAROLYN\Cond PC VUP10 Andrews Bar.wpd Greg- 53 -Printed -October 10, 2001
Planning Commission Resolution 2001.128
Conditions of Approval - Adopted
Village Use Permit 2001-010, Mr. Edwin G. Cosek
October 9, 2001
Page 2
3. 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 site plan.
4. 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.
5. 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.
6. 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:\CAROLYN\Cond PC VUP10 Andrews Bar.wpd Greg- 53 -Printed -October 10, 2001
Planning Commission Resolution 2001-128
Conditions of Approval - Adopted
Village Use Permit 2001-010, Mr. Edwin G. Cosek
October 9, 2001
Page 3
7. 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.
8. 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 filers of the
plans.
IMPROVEMENT AGREEMENT
9. 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.
10. 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:\CAROLYN\Cond PC VUP10 Andrews Bar.wpd Greg- 53 -Printed -October 10, 2001
Planning Commission Resolution 2001-128
Conditions of Approval - Adopted
Village Use Permit 2001-010, Mr. Edwin G. Cosek
October 9, 2001
Page 4
11. 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
12. 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.
13. 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.
14. 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.
62 . Clq
15. Nuisance water shall be retained on site and disposed of in an approved manner.
The proposed landscape area within the 25'-0" lot shall retain 100eio of the
runoff and nuisance water in this area.
UTILITIES
16. The applicant shall coordinate with Imperial Irrigation District for the removal or
relocation of the existing power if it conflicts with the proposed parking stalls
from the alley.
17. 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 E=ngineer.
P:\CAROLYN\Cond PC VUP10 Andrews Bar. wpd Greg - 53 -Printed -October 10, 2001
Planning Commission Resolution 2001-128
Conditions of Approval - Adopted
Village Use Permit 2001-010, Mr. Edwin G. Cosek
October 9, 2001
Page 5
STREET AND TRAFFIC IMPROVEMENTS
18. Improvements shall include removal of the existing driveway approaches off of
Avenida La Fonda and Desert Club Drive. The applicant shall complete the
sidewalk improvements along the 25'-0" of vacant property to match the existing
sidewalk to the west. In the areas where the driveway approaches are removed,
standard curb and gutter and sidewalks shall be constructed. New sidewalks
shall match the existing color scheme as used in the recently constructed village
improvements.
19. 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).
20. 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 and parking areas shall be
stamped and signed by qualified engineers.
21. 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):
Parking Areas 3.0" a.c./4.50" c.a.b.
22. 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.
P:\CAROLYN\Cond PC VUP10 Andrews Bar.wpd Greg - 53 -Printed -October 10, 2DOI
Planning Commission Resolution 2001-128
Conditions of Approval - Adopted
Village Use Permit 2001-010, Mr. Edwin G. Cosek
October 9, 2001
Page 6
23. General access points and turning movements of traffic are limited to the
following:
A. All parking access shall be restricted to the alley.
24. Parking requirements for the site are:
A. The first parking stall west of Desert Club Drive (Stall ##6) shall
accommodate handicap parking. An ADA accessible handicap rarnp shall
be constructed adjacent to the existing sidewalk on Desert Club Drive.
B. The proposed parking spaces off of the alley shall have raised parking
blocks a minimum of 2' south of the existing building.
25. The City will conduct final inspections 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.
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.
PACAROLYN\Cond PC VUP10 Andrews Bar.wpd Greg - 53 - Printed - October 10, 2001
Planning Commission Resolution 2001-128
Conditions of Approval - Adopted
Village Use Permit 2001-010, Mr. Edwin G. Cosek
October 9, 2001
Page 7
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.
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.
FIRE DEPARTMENT
32. Prior to opening the restaurant, the applicant shall contact the Fire Department
(863-8886) for a walk-through safety inspection.
CO�LLA VALLEY WATER DISTRICT
33. The District will furnish domestic water and sanitation service to this area in
accordance with the current regulations, provided the payment of certain fees
and charges are obtained. This site shall be annexed to Improvement District
Nos. 55 and 82 for sanitation services.
34. The District requires restaurants to install a grease interceptor, including a sample
box, sanitary tee and running trap with clean -out, prior to any discharge to its
sanitation facilities. The size of the grease interceptor will be determined by the
Riverside County Environmental Health Department and approved by the District.
Installation of the interceptor will be inspected by the District.
MISCELLANEOUS
35. Nonconforming Wal-pak security lighting on the building shall be replaced with
shielded light fixtures in compliance with City requirements, ensuring parking
spaces are also adequately lit. The final lighting plan and fixture specifications
shall be submitted with the remodel plans to the City's Building and Safety
Department. Unshielded exterior incandescent building lights shall not exceed
160 watts. Globe lighting on top of the patio wall shall be frosted to conceal
the light source.
P:\CAROLYN\Cond PC VUP10 Andrews Bar.wpd Greg- 53 -Printed -October 10, 2001
Planning Commission Resolution 2001-128
Conditions of Approval - Adopted
Village Use Permit 2001-010, Mr. Edwin G. Cosek
October 9, 2001
Page 8
36. Prior to building permit issuance, the following revisions shall be completed:
A. Reconstruction of the south -facing roof parapet to match existing (building
textures and colors and materials.
B. Heavy gauge, opaque metal gates shall be installed on the existing trash
enclosure. The masonry enclosure shall be painted to match the building.
C. Glue laminated joists shall be used to construct the patio cover.
D. Bench seating for patron waiting is required to be installed inside the patio
area along the north side screen wall thereby reducing the dining area to a
depth of 25'-0" from 30'-0".
37. The final landscaping and irrigation plans shall be submitted to the Community
Development Department, including the following revisions:
A. Parkway trees shall have a minimum caliper size of 1.0" or greater. Palm
trees shall have a minimum brown trunk height of six feet. One tree (24-
inch box size with 1.5 inch caliper) shall be planted to shade Parking Stall
##1 shown on the site plan.
B. Five gallon shrubs shall be planted at 3'-0" intervals.
C. Shrubs shall be irrigated with bubblers or drip emitters from an automatic
irrigation system.
D. Raised wood planter boxes on Desert Club Drive shall be made of concrete
or comparable material.
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