PCRES 2002-112PLANNING COMMISSION RESOLUTION 2002-112
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LA QUINTA, CALIFORNIA, APPROVING VILLAGE
USE PERMIT 2002-015, TO ALLOW DEVELOPMENT OF A
±6,700 SQUARE FOOT COMMERCIAL/OFFICE BUILDING
VILLAGE USE PERMIT 2002-015
MR. ROB CAPETZ
WHEREAS, the Planning Commission of the City of La Quinta, California,
did on the 261h day of November, 2002, consider Village Use Permit 2002-015 for a
±6,700 square -foot commercial/office building, located at the northwest corner of
Calle Amigo and Desert Club Drive, and more particularly described as:
LOT 7 OF DESERT CLUB TRACT #1, MB 19/75 OF MAPS
WHEREAS, said Village Use Permit application 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 that the proposed Village Use Permit is exempt from
CEQA review under Guidelines Section 15332 (Infill Development); and,
WHEREAS, at said Public Hearing, upon hearing and considering all
testimony and arguments of all interested persons desiring to be heard, the Planning
Commission did make the following mandatory findings to justify approval of said
Village Use Permit:
1. The proposed Village Use Permit is consistent with the La Quinta General Plan,
as it will not be developed in any manner inconsistent with the General Plan
land use designation of Village Commercial and other current City standards
when considering the conditions to be imposed.
2. The proposed Village Use Permit is consistent with the requirements and /or
intent of the La Quinta Zoning Code, as the project contemplates land uses that
are substantially equivalent to those permitted under existing zoning of
permitted uses, and which were previously addressed in the EIR certified for the
General Plan. Specifically, development of existing Village Commercial land is
considered to implement zoning consistency with the General Plan.
3. The proposed Village Use Permit complies with the requirements of "The Rules
to Implement the California Environmental Quality Act of 1970" as amended
(City Council Resolution 83-63), as it has been determined that said Village Use
Permit is exempt from CEQA review under Guidelines Section 15332 (Infill
Development), and that a Notice of Exemption should be filed.
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Planning Commission Resolution 2002-112
Village Use Permit 2002-015
Mr. Robert Capetz
November 26, 2002
4. Approval of the proposed Village Use Permit will not create conditions materially
detrimental to the public health, safety and general welfare, nor injurious to or
incompatible with, other properties or land uses in the vicinity. All immediately
surrounding property is zoned for Village Commercial Development, and
development of office uses proximate to residential uses in the area will not
significantly impact quality of life issues for area residents.
5. The architectural design aspects of the proposed Village Use Permit, including
but not limited to architectural style, scale, building mass, materials, colors,
architectural detailing, roof style and other elements, are compatible with
surrounding development and quality of design illustrated in the Village at La
Quinta Design Guidelines, and with the overall design quality prevalent in the
City.
6. The site design aspects of the proposed Village Use Permit, including but not
limited to project entries, parking provisions, interior circulation, pedestrian and
bicycle access, pedestrian amenities, screening and other elements, are
compatible with surrounding development and quality of design illustrated in the
Village at La Quinta Design Guidelines, and with the overall design quality
prevalent in the City.
7. The project landscaping for the proposed Village Use Permit, including but not
limited to location, size, type and coverage of plant materials, has been
designed to provide visual relief, complement the building, unify and enhance
visual continuity of the site with surrounding development, and is consistent
with the concepts in the Village at La Quinta Design Guidelines.
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 2002-015 for the reasons set
forth in this Resolution and subject to the attached Conditions of Approval.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta City Planning Commission, held on this the 26th day of November, 2002, by
the following vote, to wit:
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Planning Commission Resolution 2002-112
Village Use Permit 2002-015
Mr. Robert Capetz
November 26, 2002
AYES: COMMISSIONERS ABELS, KIRK, ROBBINS, TYLER, AND CHAIRMAN
BUTLER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
a
RIC ARD BUTLER, Chairman
City of La Quinta, California
ATTEST:
IY HERMAN, Community Development Director
of La Quinta, California
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PLANNING COMMISSION RESOLUTION 2002-112 EXHIBIT "A"
CONDITIONS OF APPROVAL - FINAL
VILLAGE USE PERMIT 2002-015
MR. ROB CAPETZ
NOVEMBER 26, 2002
GENERAL CONDITIONS OF APPROVAL
1. Village Use Permit 2002-015 (VUP 2002-015) shall be developed in compliance
with these conditions and all approved site plan, elevation, color, materials and
other approved exhibits submitted for this application, and any subsequent
amendment(s)• In the event of any conflicts, these conditions shall take
precedence.
2. This approval shall expire one year after it's effective date, as determined
pursuant to Section 9.200.060.0 of the Zoning Code, unless extended pursuant
to the provisions of Section 9.200.080.
3. 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 development
application or any application thereunder. The City shall have sole discretion in
selecting its defense counsel.
The City shall promptly notify the developer of any claim, action or proceeding
and shall cooperate fully in the defense.
4. Prior to the issuance of a grading, construction or building permit, the applicant
shall obtain permits and/or clearances from the following public agencies:
• Riverside County Fire Marshal
• La Quinta Building and Safety Department
• La Quinta Public Works Department (Grading/
Improvement/Encroachment Permits)
• La Quinta Community Development Department
• Riverside County Environmental Health Department
• Desert Sands Unified School District
• Coachella Valley Water District (CVWD)
• Southern California Gas Company
• Imperial Irrigation District (IID)
• California Water Quality Control Board (CWQCB)
- Waste Management of the Desert
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Planning Commission Resolution 2002-112
Village Use Permit 2002-015
Conditions of Approval - FINAL
November 26, 2002
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.
5. The applicant shall comply with applicable provisions of the City's NPDES
stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater
Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water),
LQMC; Riverside County Ordinance No. 457; and the State Water Resources
Control Board's Order No. 99-08-DWQ .
A. For construction activities including clearing, grading or excavation of land
that disturbs five (5) acres or more of land, or that disturbs less than five
(5) acres of land, but which is a part of a construction project that
encompasses more than five (5) acres of land, the Permitee shall be
required to submit a Storm Water Pollution Protection Plan ("SWPPP").
B. The applicant's SWPPP shall be approved by the City Engineer prior to any
on or off -site grading being done in relation to this project.
C. The applicant shall ensure that the required SWPPP is available for
inspection at the project site at all times through and including acceptance
of all improvements by the City.
D. The applicant's SWPPP shall include provisions for all of the following Best
Management Practices ("BMPs") (8,70.020 (Definitions), LQMC):
11 Temporary Soil Stabilization (erosion control).
2) Temporary Sediment Control.
3) Wind Erosion Control.
4) Tracking Control.
5) Non -Storm Water Management.
6) Waste Management and Materials Pollution Control.
E. All of applicant's erosion and sediment control BMPs shall be approved by
the City Engineer prior to any on or off site grading being done in relation
to this project.
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Planning Commission Resolution 2002-112
Village Use Permit 2002-015
Conditions of Approval - FINAL
November 26, 2002
6. Handicap access and facilities shall be provided in accordance with Federal
(ADA), State and local requirements. Handicap accessible parking shall generally
conform with the approved exhibits for VUP 2002-015.
7. All parking area civil plans and improvements shall be developed in accordance
with the standards set forth in applicable portions of Section 9.150.080 of the
Zoning Code.
PROPERTY RIGHTS
8. Prior to issuance of any permit(s), the applicant shall acquire or confer easements
and other property rights necessary for the 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.
9. The applicant shall offer for dedication those easements necessary for the
placement of, and access to, utility lines and structures, drainage basins, mailbox
clusters, and common areas on the final site plan.
10. Direct vehicular access to Desert Club Drive and Calle Amigo, along the
respective project frontages, is restricted, except for those access points
identified on the site plan for this project, or as otherwise set forth in these
conditions of approval.
11. 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.
12. The applicant shall cause no easements to be granted, or recorded, over any
portion of the subject property, between the date of approval of this Village Use
Permit and the date of final acceptance of the on -site and off -site improvements
for this Village Use Permit, unless such easements are approved by the City
Engineer.
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.
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Planning Commission Resolution 2002-112
Village Use Permit 2002-015
Conditions of Approval - FINAL
November 26, 2002
13. Improvement plans shall be prepared by or under the direct supervision of
qualified engineers and/or architects, as appropriate, and shall comply with the
provisions of Section 13.24.040 (Improvement Plans), LQMC.
14, The following improvement plans shall be prepared and submitted for review and
approval by the City. A separate set of plans for each line item specified below
shall be prepared. The plans shall utilize the minimum scale specified, unless
otherwise authorized by the City Engineer in writing. Plans may be prepared at
a larger scale if additional detail or plan clarity is desired. Note: the applicant may
be required to prepare other improvement plans not listed here pursuant to
improvements required by other agencies and utility purveyors.
A. Site Development Plan: 1 " = 30' Horizontal
B. Site Utility Plan: 1" = 30' Horizontal
Other engineered improvement plans prepared for City approval that are not listed
above shall be prepared in formats approved by the City Engineer prior to
commencing plan preparation.
"Site Development" plans shall normally include all on -site surface improvements,
including but not necessarily limited to, finish grades for curbs and gutters,
sidewalks, building floor elevations, parking lot improvements and ADA
requirements for the parking lot and access to the building, and show the existing
street improvements, out to at least the center lines of adjacent existing streets.
"Site Utility" plans shall normally include all sub -surface improvements including
but not necessarily limited to sewer lines, water lines, fire protection and storm
drainage systems. The "Site Utility" plan shall have signature blocks for the
Building Official and the City Engineer.
15. The City maintains standard plans, details and/or construction notes for elements
of construction. For a fee, established by City resolution, the applicant may
acquire standard plans, construction notes and/or detail sheets from the City.
16. The applicant shall furnish a complete set of the AutoCAD files of all approved
improvement plans on a storage media acceptable to the City Engineer. The files
shall be saved in a standard AutoCAD format so they may be fully retrievable
through a basic AutoCAD program.
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Planning Commission Resolution 2002-112
Village Use Permit 2002-015
Conditions of Approval - FINAL
November 26, 2002
At the completion of construction, and prior to the final acceptance of the
improvements by the City, the applicant shall update the AutoCAD files in order
to reflect the as -built conditions.
Where the improvement plans were not produced in a standard AutoCAD format,
or a file format that can be converted to an AutoCAD format, the City Engineer
will accept raster -image files of the plans
FIRE PROTECTION
17. Specific fire protection requirements will be determined when final building plans
are submitted for review. Final conditions will be addressed when building plans
are submitted. A plan check fee must be paid to the Fire Department at the time
building plans are submitted.
18. Prior to occupancy of the project site for any construction, or other purposes, the
applicant shall obtain a grading permit approved by the City Engineer.
19. To obtain an approved grading permit, the applicant shall submit and obtain
approval of all of the following:
A. A grading plan prepared by a qualified engineer or architect,
B. A preliminary geotechnical ("soils") report prepared by a qualified engineer,
and
C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16,
(Fugitive Dust Control), LQMC.
D. An approved Best Management Plan that include storm water pollution
prevention and erosion control plans, prepared by a qualified engineer.
All grading shall conform to the recommendations contained in the Preliminary
Soils Report, and shall be certified as being adequate by a soils engineer, or by
an engineering geologist.
The applicant shall furnish security, in a form acceptable to the City, and in an
amount sufficient to guarantee compliance with the approved Fugitive Dust
Control Plan provisions as submitted with its application for a grading permit.
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Planning Commission Resolution 2002-112
Village Use Permit 2002-015
Conditions of Approval - FINAL
November 26, 2002
20. The applicant shall maintain all open graded, undeveloped land to prevent wind
and water erosion of soils. All such land shall be planted with interim landscaping
or provided with other erosion control measures as approved by the Public Works
Departments under the Fugitive Dust Control Plan.
21. Prior to issuance of the main building permit, the applicant shall provide a lot pad
certification, stamped and signed by qualified engineers or surveyor.
DRAINAGE
22. Nuisance water shall be disposed of in an approved manner
UTILITIES
23. 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.
24. Existing aerial lines within or adjacent to the proposed development, and all
proposed utilities, shall be installed underground.
25. Underground 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 all utility trench compaction for
approval of the City Engineer.
STREET AND TRAFFIC IMPROVEMENTS
26. The applicant shall construct a 6 foot wide sidewalk along the frontage of Calle
Amigo, to the project boundary, and conform to City adopted standards,
supplemental drawings and specifications, or as approved by the City Engineer.
Improvement plans for parking and sidewalk areas shall be stamped and signed
by qualified engineers.
27. Parking lot design shall conform to the requirements of LQMC Chapter 12.32 _
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Planning Commission Resolution 2002-112
Village Use Permit 2002-015
Conditions of Approval - FINAL
November 26, 2002
28. The City will conduct final inspections only when the building has improved
sidewalk access to publicly -maintained streets. The improvements shall include
any required pavement markings.
PARKING LOTS AND ACCESS POINTS
29. General access points and turning movements of traffic are limited to the
following:
A. Primary entry at Desert Club Drive; full turn movements allowed.
30. The westernmost parking stall in front of the building entry shall be deleted, and
replaced with a hardscape/landscape gathering area design, oriented to
pedestrian traffic circulation (on and off -site access).
LANDSCAPING
31. 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.
32. On -site landscape and irrigation plans shall be submitted for approval by the
Community Development Department. Plans shall be in substantial conformance
with the conceptual landscaping as approved for the project by Planning
Commission. All plans shall be signed and stamped by a licensed landscape
architect. When plan checking is complete, the applicant shall obtain the
signatures of CVWD and the Riverside County Agricultural Commissioner prior
to submitting for signature final acceptance by the Community Development
Department.
33. Green Cloud and Texas Ranger plantings, as shown on the concept plans on file,
shall be increased in size, from 1 to 5 gallons. The river rock treatment along
Desert Club Drive shall be extended farther south to the intersection corner; and
that landscaping at and near the corner shall be limited to 30 inches or less in
height. These revisions shall be incorporated into the plan check sets.
QUALITY ASSURANCE
34. The applicant shall employ construction quality -assurance measures which meet
the approval of the City Engineer.
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Planning Commission Resolution 2002-112
Village Use Permit 2002-015
Conditions of Approval - FINAL
November 26, 2002
35. The applicant shall employ or retain qualified engineers, surveyors, or other
appropriate professionals as are required to provide the expertise with which to
prepare and sign accurate record drawings, and to provide adequate construction
supervision.
36. The applicant shall arrange for, and bear the cost of, all 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 employed
comply with plans, specifications and other applicable regulations.
37. Upon completion of construction, the applicant shall furnish the City with
reproducible record drawings of all improvement plans which were approved by
the City. Each sheet shall be clearly marked "Record Drawing," "As -Built" or "As -
Constructed" and shall be stamped and signed by the engineer or surveyor
certifying to the accuracy and completeness of the drawings. The applicant shall
have all AutoCAD or raster -image files previously submitted to the City revised
to reflect the as -built conditions.
MAINTENANCE
38. The applicant shall make provisions for continuous, perpetual maintenance of all
on -site improvements, perimeter landscaping, access drives, and sidewalks.
FEES AND DEPOSITS
39. 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.
40. Provisions shall be made to comply with the terms and requirements of the City's
adopted Art in Public Places program in effect at the time of issuance of building
permits.
41. Permit(s) issued under this approval shall be subject to the provisions of the
Development Impact Fee program in effect at the time said permit(s) are issued..
MISCELLANEOUS
42. The applicant shall submit a detailed project area lighting plan. All pole -mounted
light standards shall conform to lighting standards as in effect when plans are
reviewed. Under canopy lighting for building areas shall incorporate flush lens
caps or similar recessed ceiling lighting.
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Planning Commission Resolution 2002-112
Village Use Permit 2002-015
Conditions of Approval - FINAL
November 26, 2002
The lighting plan shall be submitted for review at the time construction plan
check for the permanent building permit is made to Building and Safety.
43. A comprehensive sign program shall be submitted for review and approval by the
Planning Commission prior to establishment of any permanent signs for the
project. Provisions of the sign program shall be in compliance with applicable
sections of Chapter 9.160 of the Zoning Code.
44. All roof -mounted mechanical equipment must be screened and installed using
compatible architectural materials and treatments, in a manner so as not to be
visible from surrounding properties and streets. Working drawings showing all
such equipment and locations shall be submitted to the Building and Safety
Department along with construction plan submittal for building permits. Method
and design of screening must be approved by the Community Development
Department prior to any issuance of building permits related to structures
requiring such screening.
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