PCRES 2002-103PLANNING COMMISSION RESOLUTION 2002-103
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO
THE CITY COUNCIL APPROVAL OF A CONDITIONAL USE
PERMIT TO DEVELOP IN HILLSIDE PROPERTY
CASE NO.: CONDITIONAL USE PERMIT 2002-071
WINCHESTER DEVELOPMENT
WHEREAS, the Planning Commission of the City of La Quinta did on the
22nd day of October, 2002, hold a duly noticed public hearing to consider a request
of Winchester Development to allow two residential lots to development on 4.06 acres
located within the Hillside Conservation Overlay District by means of a Specific Plan
(SP 2002-061), Conditional Use Permit (CUP 2002-071) and a Parcel Map (TPM ),
collectively "the Project", generally located west of Jefferson Street alignment, south
of Quarry Lane, more particularly described as:
A PORTION OF A.P.N. 766-050-008
WHEREAS, said Conditional Use Permit has complied with the
requirements of "The Rules to Implement the California Environmental Quality Act of
1970" as amended (Resolution 83-68), in that the Community Development
Department has conducted an Initial Study (Environmental Assessment 2002-458),
and determined that the proposed Conditional Use Permit will not have a significant
impact on the environment and a Mitigated Negative Declaration of environmental
impact is recommended for certification; and,
WHEREAS, at said public hearing upon hearing and considering all
testimony and arguments, if any, of all interested persons desiring to be heard, said
Planning Commission did find the following facts and reasons to justify the
recommendation for approval of the Conditional Use Permit:
1. The project is consistent with the General Plan in that the project proposed for
property is residential and the property is designated Low Density Residential.
2. This project has been designed to be consistent with the provisions of the
Zoning Code, or amended as allowed in the applicable Specific Plan.
3. Processing and approval of this project is in compliance with the requirements
of the California Environmental Quality Act in that the La Quinta Community
Development Department has determined this Conditional Use Permit will not
have a significant impact on the environment and a Mitigated Negative
Declaration of environmental impact has been certified.
Planning Commission Resolution 2002-103
Conditional Use Permit 2001-071
Winchester Development
Adopted October 22, 2002
Page 2
4. The design of the project is appropriate for the use in that it has been designed
with the appropriate parking and vehicular access.
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 correct and constitute the findings of
the Planning Commission in this case.
2. That it does hereby recommend that a Mitigated Negative Declaration be
certified for this project.
3. That it does hereby recommend to the City Council approval of the above -
described Conditional Use Permit request 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 22nd day of October, 2002, by the following vote
to wit:
AYES: Commissioners Abels, Robbins, and Chairman Butler
NOES: Commissioners Kirk, Tyler
ABSENT: None
ABSTAIN: None
RI BUTLER, Chairman
City of La Quinta, California
ATTEST:
IY HEOMAN, Community Development Director
of La Quinta, California
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PLANNING COMMISSION RESOLUTION 2002-103
CONDITIONS OF APPROVAL - ADOPTED
_ CONDITIONAL USE PERMIT 2002-071
WINCHESTER DEVELOPMENT
OCTOBER 22, 2002
GENERAL
1. 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.
The City shall promptly notify the subdivider of any claim, action or proceeding
and shall cooperate fully in the defense.
2. The use of the subject property for residential uses shall be in conformance with
the approved exhibits and Conditions of Approval contained in Conditional Use
Permit 2001-064, Specific Plan 2002-071, and Environmental Assessment
2002-548, unless otherwise amended by the following conditions.
3. The approved Conditional Use Permit shall be used within two years of the
effective date of approval, otherwise, it shall become null and void and of no
effect whatsoever.
"Used" means the issuance of a building permit for the project. A time
extension for this Conditional Use Permit may be requested as permitted in
Municipal Code Section 9.200.080 D.
FIRE MARSHAL
4. Driveways less than 150 feet in length may be 12 feet wide, no turn -around or
turn out is required.
5. Driveways exceeding 150 feet, but less than 300 feet must be no less than 16
feet wide. Turnouts will be required at mid -point on driveways exceeding 150
feet, but less than 300 feet and a turn -around will be required at the building
end. (Upon review, if there are no line of sight problems between the Street
and the building, the Fire Department may waive the turn -out requirement).
6. Driveways exceeding 300 feet in length must be no less than 20 feet wide. No
turnouts will be required, however a turn -around at the building end is required.
7. If a required turn -out cannot be provided at mid -point, the road width will be 20
feet he full length, and a turn -around is still required at the building end.
8. Turn -around must be within 50 feet of the building.
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PLANNING COMMISSION RESOLUTION 2002-103
CONDITIONS OF APPROVAL - ADOPTED
CONDITIONAL USE PERMIT 2002-071
WINCHESTER DEVELOPMENT
OCTOBER 22. 2002
9. Access must not exceed a grade of 15%. The Fire Department fire engines
have serious difficulty on grades exceeding this amount.
10. Depending on the location of the driveways and the distance to the homes a
standard fire hydrant may required at each driveway. The distance from a fire
hydrant and the home should not exceed 500 feet.
VOLUNTARY ADDITIONAL CONDITIONS OF APPROVAL
11. The existing streambed located directly est of the project will not be altered in
any way without prior consent of the Department of Fish and Game, the Fish
and Wildlife Service, and the City of La Quinta.
11. The applicant will provide to the City of La Quinta or its designee 8 acres (2:1
Ratio) of mitigation property in Martinez Canyon or an alternate agreed upon
location or a maximum of $4,000 related to possible loss of potential bighorn
habitat. Payment shall be made in the form of a security bond as approved by
California Department of Fish and Game and be made prior to grading.
13. Efforts shall be made to ensure that all pesticides, fungicides, herbicides and
fertilizers used during the construction and operation of the Project Site will not
be harmful to wildlife.
14. A construction plan shall be prepared and demonstrate, to the extent
practicable, construction activities that emit excessive noise will be avoided
adjacent to the hillside. In addition, during grading and construction activities
any blasting or pile -driving near the hillside will not occur during the period from
Jan. 1 through June 301h.
15. The landscape plan shall include only plants that are non -toxic to wildlife. All
exotic plants such as tamarisk and fountain grass are prohibited. Existing trees
may remain.
16. If Bighorn Sheep enter onto the Project Site, an 8-foot fence (or the functional
equivalent) between the development and the hillside, if any, shall be
constructed. The gaps should be 11 centimeters (4.3 inches) or less. If
determined necessary, the developer shall construct temporary fencing while
permanent fencing is constructed. The fence shall not contain gaps in which
bighorn sheep can be entangled. If the developer transfer or disposes of any
of the property adjacent to the hillside, the developer shall reserve an easement
sufficient for the construction of fencing if needed in the future.
P:\PC Reso & COA\October 2002\PC COA CUP 2002-071 .wpd
PLANNING COMMISSION RESOLUTION 2002-103
CONDITIONS OF APPROVAL - ADOPTED
CONDITIONAL USE PERMIT 2002-071
WINCHESTER DEVELOPMENT
OCTOBER 22, 2002
17. Dogs shall not be permitted to be loose within the project area, and shall be
kept away from the hillside areas through appropriate signage and fencing,
where applicable.
18. Access into the hillside area from the site will be discouraged through the use
of signs or barricades, if necessary, unless the access is provided as part of a
trail system that is approved by the USFWS and CDFG.
19. The final design of the project shall insure that road and driveways are designed
to minimize headlight shine from vehicles onto the hillside.
20. In all areas adjacent to the hillsides, non -glare glass shall be used in new
construction. Exterior building lights shall not shine on the hillside. Exterior
lighting shall be kept at the safest possible minimum intensity and aimed away
from the hillside.
21. The developer shall obtain a stream bed alteration agreement with the
Department of Fish and Game prior to grading if required under the California
Fish and Game Code.
MISCELLANEOUS
22. The applicant shall comply with all provisions of the Hillside Conservation
District (9.140.040) except subsections C, J1, 2, and 3, L, and M.
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