PCRES 2004-107PLANNING COMMISSION RESOLUTION 2004-107
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LA QUINTA, CALIFORNIA, APPROVING THE
CONSTRUCTION OF A 6,800 SQUARE FOOT OFFICE
BUILDING
CASE NO.: VILLAGE USE PERMIT 2004-026
APPLICANT: MR. ROB CAPETZ
WHEREAS, the Planning Commission of the City of La Quinta, California,
did on the 281" day of December, 2004, hold a duly noticed Public Hearing to consider
the request of Rob Capetz for Village Use Permit 2004-026, to allow the construction
of a 6,800 square foot office building on a 16,350 square foot lot located on the north
side of Calle Amigo, west of Desert Club Drive, more particularly described as:
A. P. N .: 7 70-182-008
WHEREAS, said Village Use Permit 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,
in that it will provide office space as allowed in the General Plan for the Village
Commercial land use designation.
2. The proposed Village Use Permit is consistent with the requirements of the La
Quinta Zoning Code, in that it will provide uses consistent with those permitted
in the Village Commercial district, and meets the standards of this district.
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), insofar as it has been determined that the
project is exempt from CEQA review under Section 15332, Infill Development,
and a Notice of Exemption should be filed.
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Planning Commission Resolution 2004-
Village Use Permit 2004-026 - Rob Capetz
Adopted: December 28, 2004
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, insofar as
adjacent properties are in the Village Commercial district, and a nearly identical
building is located immediately east of the proposed project.
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 found 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 quality of design
found 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 2004-026 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 the 28`h day of December, 2004 by the
following vote, to wit:
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Planning Commission Resolution 2004-
Village Use Permit 2004-026 - Rob Capetz
Adopted: December 28, 2004
AYES: Commissioners Alderson, Daniels, Ladner, Quill, and Chairman Kirk
NOES: None
ABSENT: None
ABSTAIN: None
ZT KIRK, Chairman
ity of La Quinta California
ATTEST:
THOMAS P. GENOVESE, City Manager/
Interim Community Development Director
City of La Quinta, California
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PLANNING COMMISSION RESOLUTION 2004-107
CONDITIONS OF APPROVAL — ADOPTED
VILLAGE USE PERMIT 2004-026 - ROB CAPETZ
ADOPTED: DECEMBER 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 Village Use 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 (1) 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 2004-107
Conditions of Approval - Adopted
Village Use Permit 2004-026 - Rob Capetz
Adopted: December 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 on the final site plan.
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Planning Commission Resolution 2004-107
Conditions of Approval - Adopted
Village Use Permit 2004-026 - Rob Capetz
Adopted: December 28, 2004
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 (Commercial) 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
out to at least the center lines of adjacent existing streets including ADA accessibility
route to surrounding buildings, parking facilities and public streets. The ADA access
route between adjacent buildings shall not be through parking lot areas as well as not
be behind parked vehicles other than that of the user. The applicant shall redesign
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Planning Commission Resolution 2004-107
Conditions of Approval - Adopted
Village Use Permit 2004-026 - Rob Capetz
Adopted: December 28, 2004
existing handicap striping accordingly. ADA access shall also be provided from the
proposed building to Calle Amigo.
10. The City maintains standard plans, detail sheets and/or construction notes for
elements of construction on the Public Works Online Engineering Library at
http://wwvv.la-guinta.org/publicworks/tractl/z onlinelibrary/O intropage.htm.
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 2004-107
Conditions of Approval — Adopted
Village Use Permit 2004-026 - Rob Capetz
Adopted: December 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 are required, except for:
Calle Amigo
11 Construct a 6-foot wide sidewalk and perimeter landscaping adjacent to
curb along the Calle Amigo boundary. The sidewalk and landscape
design shall be approved by the Public Works Department and
Community Development Department.
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, particularly drive isle width,
parking stall dimensions, and parking stall marking design requirements.
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Planning Commission Resolution 2004-107
Conditions of Approval - Adopted
Village Use Permit 2004-026 - Rob Capetz
Adopted: December 28, 2004
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 on Desert Club Drive through the existing parking lot/access drives of
the existing property to the east.
I1T11 ITIES
24. 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.
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 by the City Engineer.
QUALITY ASSURANCE
26. The applicant shall employ construction quality -assurance measures that meet with
the approval of the City Engineer.
27. The applicant shall employ, or retain, qualified engineers, surveyors, and such 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.
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Planning Commission Resolution 2004-107
Conditions of Approval - Adopted
Village Use Permit 2004-026 - Rob Capetz
Adopted: December 28, 2004
28. 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.
29. 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
30. 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).
MISCELLANEOUS
31. Either a lot merger or a Reciprocal Access Easement with joint maintenance
responsibility (subject to City Attorney approval) shall be recorded on Assessor's
Parcel Number 770-182-008 and the adjacent lot to the east prior to issuance of
building permits for the proposed project.
32. Landscaping and hardscape plans for the courtyard shall be submitted for approval by
the Architecture and Landscape Review Committee. Landscaping plans shall comply
with City and CVWD water efficiency requirements with clearance from the Riverside
County Agricultural Commissioner provided.
33. Applicant shall secure approval of all plans, prior to the issuance of grading permits,
from the Fire Department.
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