PCRES 2003-008RESOLUTION NO. 2003-008
A RESOLUTION OF THE PLANNING COMMISSION THE
CITY OF LA QUINTA, CALIFORNIA, APPROVING AN
AMENDMENT TO A VILLAGE USE PERMIT TO ALTER THE
BUILDING LAYOUT FOR TWO OFFICE BUILDINGS AND
CONVERT THE EXISTING RESIDENTIAL BUILDING TO
OFFICE USE ON AN EXISTING RESTAURANT SITE ON THE
EAST SIDE OF AVENIDA BERMUDAS, BETWEEN CALLE
CADIZ AND CALLE BACELONA.
CASE NO. VILLAGE USE PERMIT 2001-013, AMENDMENT NO. 1
APPLICANT: LA QUINTA GRILL
WHEREAS, the Planning Commission of the City of La Quinta, California, did on
the 11th day of February, 2003, hold a duly noticed Public Hearing for the La Quinta
Grill project for review of a Village Use Permit amendment to allow construction of two
office buildings and conversion of existing building to office use, totaling 7,864
square feet on the site of the La Quinta Grill restaurant, on the east side of Avenida
Bermudas, between Calle Cadiz and Calle Barcelona, more particularly described as:
APN 770-153-001, 770-183-002
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 recommending approval of said
Village Use Permit amendment :
1. The proposed Village Use Permit amendment is consistent with the General Plan
goals, policies, and programs relating to the Village Commercial land use
designation, and supports a mix of commercial uses within the Cove.
2. The proposed Village Use Permit amendment is consistent with the Zoning
Ordinance, and implements the standards of Village Commercial, as conditioned.
3. This project is exempt from CEQA per Section 15301 of the Guidelines for
Implementing the California Environmental Quality Act (CEQA).
4. The proposed Village Use Permit amendment will not be detrimental to the
public health, safety and welfare, as it has been designed to be compatible with
surrounding development, and conform to the City's standards and
requirements, as conditioned.
Resolution No. 2003-008
Adopted:
Page 2
5. The proposed Village Use Permit amendment complies with the architectural
design guidelines of the Village at La Quinta Design Guidelines, and implements
the high quality standards called for in that document.
6. The site design of the proposed Village Use Permit amendment is compatible
with surrounding development, and creates an integrated multi -use site with the
existing restaurant, as conditioned.
7. The proposed Village Use Permit amendment is consistent with the landscaping
standards and palette 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; and
2. That it does hereby approve Village Use Permit 2001-013, Amendment No. 1,
for the reasons set forth in this Resolution, and subject to the Conditions of
Approval attached hereto; and
3. That it does hereby confirm that this Village Use Permit amendment is exempt
from the California Environmental Quality Act under Section 15301.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta
Planning Commission held on this 11th day of February, 2003, by the following vote
to wit:
AYES: Commissioners Abels, Kirk, Robbins, Tyler, and Chairman Butler
NOES: None
ABSENT: None
ABSTAIN: None
RIC BUTLER, Chairman
City of La Quinta, California
Resolution No. 2003-008
Adopted:
Page 3
r_11ir*1a
JERRY'HERN AM1N; Community Development Director
City of La Quinta, California
PLANNING COMMISSION RESOLUTION 2003-008
CONDITIONS OF APPROVAL - FINAL
VILLAGE USE PERMIT 2001-013, AMENDMENT #1
FEBRUARY 11, 2003
1 . Olen Europaea "Wilson Olive" (fruitless) trees shall be utilized as the preferred
type of olive tree in the landscaping plan. Palm Springs Gold, or an equivalent
ground cover shall be used between plantings in the parking lot planters.
2. Landscape planters at the end stalls shall be no more than 15 feet in length.
3. The applicant shall submit the landscape plans for approval by the Community
Development Department (CDD), prior to plan checking by the Public Works
Department. When plan checking has been completed by CDD, the applicant
shall obtain the signatures of CVWD and the Riverside County Agricultural
Commissioner, prior to submittal for signature by the City Engineer.
NOTE: Plans are not approved for construction until signed by the City Engineer.
4. Should the restaurant open for lunch at any time in the future, the project
proponent shall be required to provide additional parking, either on or off site,
to accommodate the additional need.
5. No signage is approved with this permit. A master signage program shall be
submitted for the entire site prior to approval of individual sign permits for the
businesses on the site.
6. A 6 foot high slump stone block wall shall be constructed to match the existing
wall in accordance with Section 9.100.030 (C)along the east property line.
7. The applicant shall ensure that all working drawings are reviewed and approved
by the Coachella Valley Water District, Riverside County Fire Marshall, prior to
the issuance of building permits. Any conditions of approval imposed by these
agencies shall be met prior to the issuance of building permits.
8. The applicant shall pay the required school fees to Desert Sands Unified School
District prior to the issuance of building permits.
9. 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.
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PLANNING COMMISSION RESOLUTION 2003-008
CONDITIONS OF APPROVAL - FINAL
VILLAGE USE PERMIT 2001-013, AMENDMENT #1
FEBRUARY 11. 2003
10. The City shall promptly notify the applicant of any claim, action or proceeding
and shall cooperate fully in the defense.
11. 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.
12. The applicant shall comply with applicable provisions of the City's NPDES storm
water discharge permit Sections 8.70.010 et. Seq., LQMC. 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 ("SWPPP") is available
for inspection at the project site.
The Permitee shall be governed by the provisions of U.B.C. § 3316
A. 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.
B. The applicant's SWPPP shall include provisions for all of the following
Best Management Practices (BMPs):
i. Temporary Soil Stabilization (erosion control).
ii. Temporary Sediment Control.
iii. Wind Erosion Control.
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PLANNING COMMISSION RESOLUTION 2003-008
CONDITIONS OF APPROVAL - FINAL
VILLAGE USE PERMIT 2001-013, AMENDMENT #1
FEBRUARY 11, 2003
iv. Track Out Control.
V. Non -Storm Water Management.
vi. Waste Management and Materials Pollution Control.
C. 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.
D. All approved project BMPs shall be maintained throughout the course of
construction, and until all public improvements have been accepted by
the City.
13. Permits issued under this approval shall be subject to the provisions of the
Infrastructure Fee Program and Development Impact Fee program in effect at
the time of issuance of building permitlsl.
14. The applicant shall comply with all ADA standards.
15. 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 Development Plan.
16. 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.
17. When an applicant proposes the vacation, or abandonment, of any existing
right-of-way, or access easement, which will diminish the access rights to any
properties owned by others, the applicant shall provide approved alternate right-
of-way, or access easements to those properties, or shall notarized letters of
consent from the affected property owners.
-- 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 2003-008
CONDITIONS OF APPROVAL - FINAL
VILLAGE USE PERMIT 2001-013, AMENDMENT #1
FEBRUARY 11, 2003
18. Improvement plans shall be prepared by or under the direct supervision of
qualified engineers and landscape architects, as appropriate. Improvement plans
shall be submitted on a 24" x 36" media in the categories of "Grading,"
"Street," "Landscape" and "Site Development" plans. "Site Development"
plans shall have signature blocks for Community Development Director, the
Building Official and the City Engineer. "Landscape" plans shall have signature
blocks for the Community Development Director and the City Engineer. All
other plans shall have signature blocks for the City Engineer. Improvement
plans are not approved for construction until they are signed.
"Grading" plans shall normally include perimeter walls. "Street" plans shall
normally include signals, sidewalks, bike paths, entry drives and gates.
"Landscaping" plans shall normally include irrigation improvements, landscape
lighting and entry monuments. And "Site Development" plans shall normally
include all on -site surface improvements including but not necessarily limited to
drainage, finish grade for curbs & gutters, building floor elevations, parking lot
improvements and ADA requirements.
When directed by the City Engineer, an additional "Site Utility" plan shall be
prepared. "Site Utility" plans shall normally include all sub -surface
improvements including but not necessarily limited to sewer, water fire
protection and storm drainage. The "Site Utility" plan shall have signature
blocks for the Building Official and the City Engineer. Plans for improvements
not listed above shall be in formats approved by the City Engineer.
19. 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 plan and/or detail sheets from the City.
20. When final plans are approved by the City, the applicant shall furnish accurate
AutoCAD files of the completed approved plans on a storage media acceptable
to the City Engineer. Such files shall utilize standard AutoCAD menu items so
they may be fully retrievable into a basic AutoCAD program. At the completion
of construction, and prior to final acceptance of improvements, the applicant
shall update the AutoCAD files to reflect the as -built conditions.
If the plans were not produced by an AutoCAD application, or a file format that
can be converted to an AutoCAD application format, the City Engineer will
accept raster -image files of the plans.
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PLANNING COMMISSION RESOLUTION 2003-008
CONDITIONS OF APPROVAL - FINAL
VILLAGE USE PERMIT 2001-013, AMENDMENT #1
FEBRUARY 11, 2003
21. The applicant shall either construct improvements, and/or satisfy the
obligations, or furnish a fully secured and executed Subdivision Improvement
Agreement ("SIA") to construct such improvements, and/or satisfy its
obligations as required by the City, prior to the issuance of any building
permit(s). All secured SIAs, the security provided therefor, and the release
thereof, shall comply with Chapter 13, LQMC.
Improvements to be made, or agreed to be made, shall include removal of any
existing structures or obstructions which are not part of the proposed
improvements.
In the event that any of the improvements required herein are constructed by
the City, the applicant shall, at the time of approval of a map or other
development or building permit, reimburse the City for the cost of those
improvements.
22. Where improvements are to be secured through a SIA, the applicant shall
provide detailed construction cost estimates of all on -site and off -site
improvements, including survey monumentation, 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.
23, When an applicant fails to construct the improvements for the development, or
fails to satisfy its obligations in a timely manner, for the development, the City
shall have the right to halt issuance of all building permits, and/or final building
inspections, withhold other approvals related to the development of the project,
or call upon the surety to complete the improvements.
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PLANNING COMMISSION RESOLUTION 2003-008
CONDITIONS OF APPROVAL - FINAL
VILLAGE USE PERMIT 2001-013, AMENDMENT #1
FEBRUARY 11, 2003
24. Prior to its occupancy of the project site for any construction or other purposes,
the applicant shall obtain a grading permit approved by the City Engineer.
25. In order 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,
B. A preliminary geo-technical ("soils") report prepared by a qualified
engineer, and
C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16,
LQMC.
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 all final maps that a soils report has been prepared
pursuant to Health and Safety Code § 17953.
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 of its grading permit.
26. 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.
27. Prior to the issuance of any building permits, the applicant shall provide building
pad certifications stamped and signed by a qualified engineer or surveyor.
Each pad certification shall list the elevation shown on the approved grading
plan, the actual elevation and the difference between the two, if any. The data
shall be organized by lot number, and listed cumulatively if submitted at
different times.
28. During construction, and until such time as the improvements are accepted by
the City, the applicant shall comply with the City's NPDES Ordinance, Sections
8.70.010 et seq., LQMC.
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PLANNING COMMISSION RESOLUTION 2003-008
CONDITIONS OF APPROVAL - FINAL
VILLAGE USE PERMIT 2001-013, AMENDMENT #1
FEBRUARY 11, 2003
29. Existing aerial lines within or adjacent to the proposed development and all
proposed utilities shall be installed underground. All existing utility lines
attached to joint use 92 KV transmission power poles are exempt from the
requirement to be placed underground.
30. 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 Engineer.
31. This area shall be annexed to Improvement District Nos. 55 and 82 of the
CVWD District for sanitation service.
32. 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).
33. 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, access gates and parking
areas shall be stamped and signed by qualified engineers.
34. The applicant shall comply with the City's Parking Ordinance, Chapter 9.150,
LQMC, except as shown on applicant's Parking Site Plan, and the space
allocations pursuant to the applicant's Parking Study prepared on October 26,
2001.
35. The applicant agrees to assist the City and extend the sidewalk on Avenida
Bermudas. The sidewalk may require an encroachment into the said property
in order to preserve the existing trees within the right of way.
36. The applicant shall employ construction quality -assurance measures which meet
the approval of the City Engineer.
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PLANNING COMMISSION RESOLUTION 2003-008
CONDITIONS OF APPROVAL - FINAL
VILLAGE USE PERMIT 2001-013, AMENDMENT #1
FEBRUARY 11. 2003
37. The applicant shall employ, or retain, qualified engineers, and such 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.
38. The applicant shall arrange for, and bear the cost of, all measurements,
sampling and testing procedures not included in the City's inspection program,
but which may be required by the City, as evidence that the construction
materials and methods employed comply with plans, specifications and other
applicable regulations.
39. Upon completion of construction, the applicant shall furnish the City
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, certifying
to the accuracy of the record drawings. The applicant shall have all AutoCAD
or raster -image files previously submitted to the City, revised to reflect the as -
built conditions.
40. The applicant shall make provisions for continuous, perpetual maintenance of
all on -site improvements, perimeter landscaping, access drives, and sidewalks.
41. The applicant shall maintain required public improvements until expressly
released from this responsibility by the appropriate public agency.
42. 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.
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