PCRES 2004-075PLANNING COMMISSION RESOLUTION 2004-075
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
LA QUINTA, CALIFORNIA, APPROVING A TWO-STORY, 6,354
SQUARE FOOT COMMERCIAL BUILDING ON A 0.40 ACRE SITE
WITHIN THE VILLAGE COMMERCIAL ZONING DISTRICT.
CASE NO.: VILLAGE USE PERMIT 2004-024
APPLICANT: KRISTI W. HANSON, INC. (FOR JIM F. KELLY)
WHEREAS, the Planning Commission of the City of La Quinta,
California, did, on the 281h day of September, 2004 hold duly noticed Public
Hearings to consider a request by Kristi W. Hanson to construct a two-story, 6,354
square foot commercial building on a 0.40 acre site at the southwest corner of
Desert Club Drive and Calle Barcelona, more particularly described as follows:
APN: 770-182-001
WHEREAS, said Village Use Permit 2004-024 is Categorically Exempt
from environmental review pursuant to provisions of Section 15332 (Class 32) of
_ the California Environmental Quality Act (CEQA), in that the proposed project is an
in -fill project less than five acres in size and meets all applicable General Plan and
Zoning requirements and, therefore, will have no permanent effects on the
environment; 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 make the following mandatory findings pursuant to
Section 9.65.040 of the Zoning Code to justify approval of said Village Use Permit:
1. Consistency with the General Plan: The proposed project is consistent with the
goals and policies of the General Plan in that the proposed use is an allowed
use within the designated Village Commercial area.
2. Consistency with the Zoning Code: The proposed project is consistent with
the development standards of the Zoning Code as contained in The Village
Design Guidelines. The proposed use is a permitted use in the Village
Commercial District.
3. Compliance with CEQA: The proposed use is Categorically Exempt from
environmental review pursuant to provisions of Section 15332 (Class 32) of
the California Environmental Quality Act (CEQA), in that the proposed project
is an in -fill project less than five acres in size and meets all applicable General
Plan and zoning requirements and, therefore, will have no permanent effects
on the environment; and
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Planning Commission Resolution 2004-075
Village Use Permit 2004-024 — Kristi W. Hanson
Adopted: September 28, 2004
4. Surrounding Uses: Approval of the Village Use Permit will not create
conditions materially detrimental to the public health, safety and general
welfare or be injurious to, or incompatible with, other properties or land uses in
the vicinity in that the proposed building will be compatible with existing
commercial uses in the immediate area in terms of design. The parking lot will
be landscaped, the lights will be shielded as required by Code and additional
parking will be accommodated on -site or on the street, immediately adjacent
to the project.
5. Architectural Design: The architectural design of the project, including, but not
limited to, the architectural style, scale, building mass, materials, colors,
architectural details, roof style, and other architectural elements are
compatible with surrounding development in keeping with the character of the
Village 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 correct and constitute the findings of
the Planning Commission for this Village Use Permit;
2. That it does hereby approve Village Use Permit 2004-024 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 Planning Commission held on this 281h day of September, 2004, by the
following vote, to wit:
AYES: Commissioners Daniels, Ladner, and Quill
NOES: None
ABSENT: Commissioner Krieger and Chairman Kirk
ABSTAIN: None
PAUL QUILL, Vice Chairman
City of La Quinta, California
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Planning Commission Resolution 2004-075
Village Use Permit 2004-024 — Kristi W. Hanson
Adopted: September 28, 2004
ATTEST:
OSCAR ORCI, Interim
Community Development Director
City of La Quinta, California
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PLANNING COMMISSION RESOLUTION 2004-075
CONDITIONS OF APPROVAL - ADOPTED
VILLAGE USE PERMIT 2004-024 — KRISTI W. HANSON
SEPTEMBER 28, 2004
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
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.
A. For construction activities including clearing, grading or excavation of land that
disturbs one (1) acres or more of land, or that disturbs less than one 0 ) acres
of land, but which is a part of a construction project that encompasses more
than one (1) acres of land, the Permitee shall be required to submit a Storm
Water Pollution Protection Plan ("SWPPP").
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Planning Commission Resolution 2004-075
Village Use Permit 2004-024 - Kristi W. Hanson
Conditions of Approval - Adopted
September 28, 2004
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):
1) 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 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.
F. The approved SWPPP and 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, , and
common areas shown on the Site Development Permit except for the relocated
sidewalk. The applicant agrees to defend, indemnify and hold harmless the City of
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Planning Commission Resolution 2004-075
Village Use Permit 2004-024 — Kristi W. Hanson
Conditions of Approval - Adopted
September 28, 2004
La Quinta ("City"), its agents, officers and employees from any claim, action or
proceeding to attack, set aside, void, or annul the proposed relocated sidewalk. The
City shall have sole discretion in selecting its defense counsel.
6. 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, or other encroachments will occur.
7. 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.
8. 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.
9. 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. On -Site Precise Grading 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.
On -Site Precise Grading 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 showing the existing street improvements
PAReports - PC\9-28-2004\VUP Hanson-Kelly\PC COA VUP 2004-024 Hanson.doc
Planning Commission Resolution 2004-075
Village Use Permit 2004-024 - Kristi W. Hanson
Conditions of Approval - Adopted
September 28, 2004
out to at least the center lines of adjacent existing streets including ADA accessibility
route to surrounding buildings, parking facilities and public streets.
10. 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.
11. 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.
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
12. Prior to occupancy of the project site for any construction, or other purposes, the
applicant shall obtain a precise grading permit approved by the City Engineer.
13. To obtain an approved grading permit, the applicant shall submit and obtain approval
of all of the following:
A. A precise grading plan prepared by a qualified engineer or architect,
B. A preliminary geotechnical ("soils") report prepared by a qualified engineer,
C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16
(Fugitive Dust Control), LQMC, and
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.
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Planning Commission Resolution 2004-075
Village Use Permit 2004-024 — Kristi W. Hanson
Conditions of Approval - Adopted
September 28, 2004
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.
14. 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.
15. 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.
DRAINAGE
16. Nuisance water shall be retained on site and disposed of in a manner acceptable to
the City Engineer.
STREET AND TRAFFIC IMPROVEMENTS
17. The applicant shall comply with the provisions of Sections 13.24.060 (Street
Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For
Individual Properties And Development), LQMC for public streets; and Section
13.24.080 (Street Design - Private Streets), where private streets are proposed.
18. No additional street improvements is required, except for:
A. Desert Club Drive
11 Two (2) City of La Quinta Decorative Street Lights. The applicant shall
pay to the City, 100% of the cost for installation and materials of two
(2) City of La Quinta Decorative Street Lights.
2) Removal of the existing 5-foot sidewalk along Desert Club Drive where
sidewalk relocation is proposed.
3) Construct an approved border along the curb of the landscaped area on
Desert Club Drive for passengers getting out or into vehicles.
B. Calle Barcelona
1) Construct a 6-foot wide sidewalk adjacent to curb along the Calle
Barcelona boundary.
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Planning Commission Resolution 2004-075
Village Use Permit 2004-024 - Kristi W. Hanson
Conditions of Approval - Adopted
September 28, 2004
19. Improvements shall be designed and constructed in accordance with City adopted
standards.
PARKING LOTS AND ACCESS POINTS
20. The applicant shall conform to LQMC Chapter 9.150, with exception to the
deviations requested by the applicant.
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./4.5" 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.
23. General access points and turning movements of traffic are limited to the existing
access points.
24. The applicant shall provide adequate sight distance at the proposed access driveways
on Desert Club Drive and Calle Barcelona. The design shall be approved prior to
precise grading and landscaping improvement plans submittal to the Engineering
Department and/or Community Development Department.
UTILITIES
25. 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.
26. 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.
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Planning Commission Resolution 2004-
Village Use Permit 2004-024 — Hanson
Conditions of Approval - Adopted
September 28, 2004
The applicant shall provide certified reports of all utility trench compaction for
approval by the City Engineer.
QUALITY ASSURANCE
27. The applicant shall employ construction quality -assurance measures that meet with
the approval of the City Engineer.
28. The applicant shall employ, or retain, qualified engineers, surveyors, and such er
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.
29. 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.
30. 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
31. 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
permitlsl•
COMMUNITY DEVELOPMETN DEPARTMENT
32. The applicant shall submit specifications for the parking lot lighting fixture to be
approved by the Community Development Department before working drawing are
prepared. Said fixture shall comply with the Section 9.100.150 and be in keeping
with other parking lot lighting fixtures in the area.
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Planning Commission Resolution 2004-
Village Use Permit 2004-024 - Hanson
Conditions of Approval - Adopted
September 28, 2004
33. The applicant shall remove the Jacaranda tree in front of the structures along Desert
Club Drive that is shown on the landscape plans. The landscaping and irrigation
plans shall be approved by the Coachella valley Water District and Riverside County
Agricultural Commissioner prior to submittal of the final plans to the Community
Development Department.
34. The design of the carport trellis structure shall be approved by the Community
Development Department before working drawings are prepared. The trellis shall be
decorative and made out of noncombustible materials as approved by the Building &
Safety Department Director.
35. The site shall be monitored during on and off -site trenching and rough grading by
qualified archaeological monitors including a Native American monitor. Proof of
retention of monitors shall be given to the Community Development and Public Works
Departments prior to issuance of first earth -moving or clearing permit. Monitors to
include a Native American from a local tribe.
36. The final report on the monitoring shall be submitted to the Community Development
Department prior to the issuance of the first Certificate of Occupancy for the project.
37. Collected archaeological resources shall be properly packaged for long term curation,
in polyethylene self -seal bags, vials, or film cans as appropriate, all within acid -free,
standard size, comprehensively labeled archive boxes and delivered to the City prior
to issuance of first Certificate of Occupancy for the property. Materials shall be
accompanied by descriptive catalogue, field notes and records, primary research
data, and the original graphics.
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