PCRES 2003-053PLANNING COMMISISON RESOLUTION 2003-053
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LA QUINTA, CALIFORNIA, APPROVING A
VILLAGE USE PERMIT FOR THE CONSTRUCTION OF A
7,714 SQUARE FOOT TWO STORY, SIX UNIT
APARTMENT BUILDING ON THE EAST SIDE OF AVENIDA
MARTINEZ, SOUTH OF CALLE TAMPICO.
CASE NO. VILLAGE USE PERMIT 2003-016
APPLICANT: RAEL DEVELOPMENT
WHEREAS, the Planning Commission of the City of La Quinta, California,
did on the 29th day of July, 2003, hold a duly noticed public hearing to review a
Village Use Permit to allow the construction of a two-story, six unit apartment
building, totaling 7,714 square feet on the east side of Avenida Martinez, south of
Calle Tampico, more particularly described as:
APN: 773-007-075-005
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 approving said Village
Use Permit:
1. The proposed Village Use Permit is consistent with the General Plan goals,
policies, and programs relating to the Village Commercial land use designation,
and supports a mix of residential and commercial uses within the Village.
2. The proposed Village Use Permit is consistent with the Zoning Ordinance, and
implements the Village standards for development, as conditioned.
3. This project is exempt from CEQA per Section 15332 of the Guidelines for
Implementing the California Environmental Quality Act (CEQA).
4. The proposed Village Use Permit will not be detrimental to the public health,
safety and welfare, as it has been designed to be compatible with surrounding
development, and conforms to the City's standards and requirements, as
conditioned.
5. The proposed Village Use Permit 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.
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Planning Commission Resolution 2003-053
Site Development Permit 2003-016 — Reel Development
Adopted: July 29, 2003
Page 2
6. The site design of the proposed Village Use Permit is compatible with
surrounding development, as conditioned.
7. The proposed Village Use Permit 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 2003-016, 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 15332.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta
Planning Commission held on this 29th day of July, 2003, by the following vote to
wit:
AYES: Commissioners Abels, Daniels, Tyler, and Chairman Kirk
NOES: None
ABSENT: Commissioner Quill
ABSTAIN: None
O IRK, Chairman
y of La Quinta, California
ATTEST:
1Y HtRMAN, Community Development Director
of La Quinta, California
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PLANNING COMMISSION RESOLUTION 2003-053
CONDITIONS OF APPROVAL — ADOPTED
VILLAGE USE PERMIT 2003-016 — RAEL DEVELOPMENT
ADOPTED: JULY 29, 2003
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 Site
Development Permit. 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.
2. Prior to the issuance of any permit by the City, the applicant shall obtain the
necessary permits and/or clearances from the following 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)
• SunLine Transit Agency
• La Quinta Police Department
The applicant is responsible for all requirements of the permits and/or clearances
from the above listed agencies. When the requirements include approval of
improvement plans, applicant shall furnish proof of such approvals when
submitting the improvement plans for City approval.
3. 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.
For construction activities including clearing, grading or excavation of land,
which disturbs less than 5 acres, the permitee shall be governed by the
provisions of U.B.C. § 3316, A.
Planning Commission Resolution 2003-053
Conditions of Approval - Adopted
Village Use Permit 2003-016 - Rael Development
Adopted: July 29, 2003
A. All erosion and sediment control BMPs proposed by the applicant shall be
approved by the City Engineer prior to any onsite or offsite grading,
pursuant to this project.
B. The approved BMPs shall remain in effect for the entire duration of
project construction until all improvements are completed and accepted
by the City.
PROPERTY RIGHTS
4. Prior to the issuance of any permit(s), the applicant shall acquire, or confer,
those easements, and other property rights necessary for the construction
and/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 the maintenance, construction and reconstruction
of essential improvements.
5. The applicant shall offer for dedication those easements necessary for the
placement of, and access to, utility lines and structures, drainage basins,
mailbox clusters, park lands, and common areas shown on the Site
Development Permit.
6. Direct vehicular access to Avenida Martinez from any portion of the site with
frontage along Avenida Martinez is restricted except for those access points
identified on the tentative tract map, or as otherwise conditioned in these
conditions of approval.
7. The applicant shall furnish proof of easements, or written permission, as
appropriate, from those owners of all abutting properties on which grading,
retaining wall construction, permanent slopes, ingress/egress, or other
encroachments will occur.
8. The applicant shall cause no easement 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 easement is 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.
PAOscar\Frank Glynn apts\Rael-VUPCOA.doc
Planning Commission Resolution 2003-053
Conditions of Approval - Adopted
Village Use Permit 2003-016 - Rael Development
Adopted: July 29, 2003
9. 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.
10. 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
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 &
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.
11. The City maintains standard plans, details and/or construction notes for
elements of construction. For a fee, established by City resolution, the
applicant may purchase such standard plans, detail sheets and/or construction
notes from the City.
12. The applicant shall furnish a complete set of the AutoCAD files of all complete,
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.
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.
PAOscarTrank Glynn apts\Rael-VUPCOA.doc
Planning Commission Resolution 2003-053
Conditions of Approval - Adopted
Village Use Permit 2003-016 - Reel Development
Adopted: July 29, 2003
Where the improvement plans were not produced in a standard AutoCAD
format, or a file format which can be converted to an AutoCAD format, the City
Engineer will accept raster -image files of the plans.
GRADING
13. 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.
14. 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. Approved Best Management Plan that includes 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 submitted with its application for a grading permit.
15. The applicant shall maintain all open graded, undeveloped land in order to
prevent wind and/or water erosion of such land. All open graded, undeveloped
land shall either be planted with interim landscaping, or stabilized with such
other erosion control measures, as were approved in the Fugitive Dust Control
Plan.
16. Prior to any site grading or regrading that will raise or lower any portion of
the site by more than plus or minus three tenths of a foot from the elevations
from the approved Site Plan, the applicant shall submit the proposed grading
changes to the City Staff for a substantial conformance finding review. —
17. Prior to the issuance of a building permit for any building lot, the applicant shall
provide a lot pad certification stamped and signed by a qualified engineer or
surveyor.
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Planning Commission Resolution 2003-053
Conditions of Approval - Adopted
Village Use Permit 2003-016 - Reel Development
Adopted: July 29, 2003
DRAINAGE
18. Nuisance water shall be retained onsite and disposed of via an underground
percolation improvement approved by the City Engineer.
UTII ITIFS
19. The applicant shall obtain the approval of the City Engineer for the location of all
utility lines within any right-of-way, and all above -ground utility structures
including, but not limited to, traffic signal cabinets, electric vaults, water valves,
and telephone stands, to ensure optimum placement for practical and aesthetic
purposes.
20. Existing overhead utility lines within, or adjacent to the proposed development,
and all proposed utilities shall be installed underground.
21. 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 by the City Engineer.
STREET AND TRAFFIC IMPROVEMENTS
22. The applicant shall construct a 6-foot wide sidewalk along the frontage of
Avenida Martinez to the project boundary and conform to City adopted
standards, supplemental drawings and specifications, or as approved by the
City Engineer. Improvement plans for sidewalk and parking areas shall be
stamped and signed by qualified engineers.
23. Improvements shall be designed and constructed in accordance with City
adopted standards.
PARKING LOTS AND ACCESS
24. The design of parking facilities shall conform to LQMC Chapter 9.150 (Parking)
and the latest ADA standards and policies.
PAOscar\Frank Glynn aptsUdael-VUPCOA.doc
Planning Commission Resolution 2003-053
Conditions of Approval - Adopted
Village Use Permit 2003-016 - Rael Development
Adopted: July 29, 2003
QUALITY ASSURANCE
25. The applicant shall employ construction quality -assurance measures that meet
with the approval of the City Engineer.
26. The applicant shall employ, or retain, qualified engineers, surveyors, and such of
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.
27. 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 the plans, specifications and
other applicable regulations.
28. 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.
FEES AND DEPOSITS
29. Permits issued under this approval shall be subject to the provisions of the
Development Impact Fee program in effect at the time of issuance of building
permit(s).
FIRE MARSHALL
30. Approved super fire hydrants, shall be spaced every 330 feet and 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.
31. Blue dot reflectors shall be placed in the street 8 inches from centerline to the
side that the fire hydrant is on, to identify fire hydrant locations.
32. The water mains shall be capable of providing a potential fire flow of 1500 gpm
gpm and the actual fire flow from any two adjacent hydrants shall be 1500 gpm
for a 2-hour duration at 20-psi residual operating pressure.
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Planning Commission Resolution 2003-053
Conditions of Approval - Adopted
Village Use Permit 2003-016 - Rael Development
Adopted: July 29, 2003
33. Building plans shall be submitted to the Fire Department for plan review to
run concurrent with the City plan check.
34. Water plans for the fire protection system (fire hydrants, FDC, etc.) shall be
submitted to the Fire Department for approval prior to issuance of a building
permit.
35. The required water system, including fire hydrants, shall be installed and
accepted by the appropriate water agency prior to any combustible building
material being placed on an individual lot.
36. Fire Department street access shall come to within 150 feet of all portions of
the 1 a` floor of all buildings, by path of exterior travel.
37. 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. Streets shall be a minimum 20 feet wide with a height
of 13"6" clear and unobstructed.
38. Install portable fire extinguishers as required by the California Fire Code.
BUILDING AND SAFETY
39. Units must be a minimum of 5' from the north property line, with a 30 inch
minimum distance from the eave to the property line.
40. Fire Sprinklers are required as well as a second stairway access.
41. Supports for carport must be at least three feet from the property line. Eaves
must be 24 inches from the property line and have a one -hour fire rating.
42. First floor units must be ADA "adaptable " per the California Building Code
Section HA.
MISCELLANEOUS
43. The balconies shall be constructed with wrought iron railing, pursuant to the
appropriate Building Code requirements.
44. The applicant shall provide covers for all carports, pursuant to the appropriate
Building and City Code requirements.
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