PCRES 2005-033PLANNING COMMISSION RESOLUTION 2005-033
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF LA QUINTA, CALIFORNIA, APPROVING
VILLAGE USE PERMIT 2005-027, FOR DEVELOPMENT
OF A ± 10,709 SQUARE FOOT COMMERCIAL
RETAIL/OFFICE BUILDING, INCLUSIVE OF A PARKING
MANAGEMENT AGREEMENT
VILLAGE USE PERMIT 2005-027
CALLE ESTADO, LLC
WHEREAS, the Planning Commission of the City of La Quinta,
California, did on the 26`h day of July, 2005, consider Village Use Permit 2005-027
for a ± 10,709 square -foot commercial retail/office building, inclusive of a Parking
Management Agreement, located at the southwest corner of Calle Estado and
Desert Club Drive, more particularly described as:
LOTS 10, 11 & 12, BLOCK 9 OF DESERT CLUB
TRACT UNIT #1
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 2005-027 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 2005-027 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. Parking as provided, and secured through
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Planning Commission Resolution 2005-033
Village Use Permit 2005-027
July 26, 2005
the associated Parking Management Agreement for this project, is consistent
with parking reduction allowances authorized in Section 9.150.050.D of the
Municipal Zoning Code.
3. The proposed Village Use Permit 2005-027 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 will be filed.
4. Approval of the proposed Village Use Permit 2005-027 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 existing properties to the north, west and
south are developed as commercial retail/office, commercial retail and
residential, respectively. Development of office and retail uses proximate to
residential uses in the area will not significantly impact quality of life for area
residents.
5. The architectural design aspects of the proposed Village Use Permit 2005-
027, 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, with the recommended conditions of approval.
6. The site design aspects of the proposed Village Use Permit 2005-027,
including but not limited to, project entries, parking provisions, interior
circulation, pedestrian access and 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 2005-027,
including but not limited to, location, size, type and coverage of plant
materials, has been reviewed to insure it is 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.
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Planning Commission Resolution 2005-033
Village Use Permit 2005-027
July 26, 2005
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 2005-027 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 City
of La Quinta Planning Commission, held on this the 261h day of July, 2005, by the
following vote, to wit:
AYES: Commissioners Alderson, Ladner, and Quill
NOES: None
ABSENT: Commissioner Daniels and Chairman Kirk
ABSTAIN: None
KIRK, Chairman
City of La Quinta, California
ATTEST:
aY.s,
DOUGLAXR.EVANS
Community Development Director
City of La Quinta, California
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PLANNING COMMISSION RESOLUTION 2005-033 EXHIBIT "A"
CONDITIONS OF APPROVAL - FINAL
VILLAGE USE PERMIT 2005-027
CALLE ESTADO, LLC
JULY 26, 2005
REVISED BY PLANNING COMMISSION - ADDED COA 43.F AND 46
GENERAL CONDITIONS OF APPROVAL
1. Village Use Permit 2005-027 (VUP 2005-027) 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. In the event the Development Agreement referenced
in Condition #f44 is not entered into, this Village Use Permit approval is null
and void.
2. This approval shall expire two years after its 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 any permit by the City, the applicant shall obtain the
necessary permits and/or clearances from the following 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)
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Planning Commission Resolution 2005-033
Conditions of Approval - FINAL
Village Use Permit 2003-027
July 26, 2005
Waste Management of the Desert
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.
6. Handicap access and facilities shall be provided in accordance with Federal
(ADA), State and local requirements. Handicap accessible parking shall
generally conform to the approved exhibits for VUP 2005-027.
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, and these conditions, which shall take
precedence in the event of any conflicts with said Section.
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 shown on the Village Use Permit.
10. Direct vehicular access from any portion of the site with frontage along
Desert Club Drive and Calle Estado is restricted, except for those access
points identified on the approved site plan, or as otherwise conditioned in
these conditions of approval.
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Planning Commission Resolution 2005-033
Conditions of Approval - FINAL
Village Use Permit 2003-027
July 26, 2005
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.
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.
On -Site Rough Grading Plans
1 "
= 30'
Horizontal
B.
PM1O Plan
1"
= 40'
Horizontal
C.
SWPPP
1"
= 40'
Horizontal
NOTE: A through C to be submitted concurrently.
D. On -Site Precise Grading Plans (Commercial Development)
1 " = 30' Horizontal
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Planning Commission Resolution 2005-033
Conditions of Approval - FINAL
Village Use Permit 2003-027
July 26, 2005
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.
15. The City maintains standard plans, details and/or construction notes for
elements of construction on the Public Works Online Engineering Library at
http://www.la-guinta.org/publicworks/tractl/z onlinelibrary/0 intropage.htm
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.
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
GRADING
17. 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.
18. 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,
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Planning Commission Resolution 2005-033
Conditions of Approval - FINAL
Village Use Permit 2003-027
July 26, 2005
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.
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.
19. 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.
20. 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
21. Nuisance water shall be retained onsite and disposed of in a manner
acceptable to the City Engineer.
UTILITIES
22. 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.
23. 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.
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Planning Commission Resolution 2005-033
Conditions of Approval - FINAL
Village Use Permit 2003-027
July 26, 2005
STREET AND TRAFFIC IMPROVEMENTS
24. 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.
25. No additional street improvements are required, except for:
A. Desert Club Drive
1) Reconstruct the curb ramp at the Desert Club Drive/Alley "D"
intersection as required by the City Engineer.
B. Alley "D"
1) Reconstruct the north edge of Alley "D" along the Village Use
Permit site's south boundary as required by the City Engineer to
facilitate proposed curb construction.
PARKING LOTS AND ACCESS POINTS
26. The applicant shall conform to LQMC Chapter 9.150, particularly drive isle
width, parking stall dimensions, and parking stall marking design
requirements. Parking space markings shall be double four inch wide hairpin
stripes as specified in LQMC Chapter 9.150.
27. 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 Concrete as proposed by the applicant.
Alley "D" 3.0" a.c./4.0" c.a.b.
28. 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
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Planning Commission Resolution 2005-033
Conditions of Approval - FINAL
Village Use Permit 2003-027
July 26, 2005
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.
29. General access points and turning movements of traffic are limited to the
proposed access driveway on Calle Desert Club Drive. All turn movements
are permitted. A colored concrete shall be used for the access drive ramp,
with a paver system used to define the continuation of the existing
pedestrian sidewalk along Desert Club Drive. The entry driveway throat shall
be permitted to be constructed as designed, at 11 feet in depth rather than
the required 20 feet, as permitted under Section 9.65.030.A.3.a., in order to
retain the parking space count of 25 on -site spaces.
30. A five-foot wide landscape planter strip shall be provided at the two west
property line parking stalls, with a minimum 4-foot high wall along the
property line in front of these two stalls. This shall be shown on the civil and
landscape plans as submitted for plan check.
LANDSCAPING
31. On -site landscape, landscape lighting 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. When plan checking is complete, the
applicant shall obtain the signatures of CVWD and the Riverside County
Agricultural Commissioner prior to submitting for final acceptance by the
Community Development Department.
QUALITY ASSURANCE
32. The applicant shall employ construction quality -assurance measures which
meet the approval of the City Engineer.
33. 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.
34. 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
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Planning Commission Resolution 2005-033
Conditions of Approval - FINAL
Village Use Permit 2003-027
July 26, 2005
methods employed comply with plans, specifications and other applicable
regulations.
35. 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
36. 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.
37. 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.
38. 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.
FIRE PROTECTION
39. 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.
MISCELLANEOUS
40. 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.
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.
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Planning Commission Resolution 2005-033
Conditions of Approval - FINAL
Village Use Permit 2003-027
July 26, 2005
41. A comprehensive sign program shall be submitted for review and approval by
the Planning Commission prior to establishment of any individual tenant signs
for the project. Provisions of the sign program shall be in compliance with
applicable sections of Chapter 9.160 of the Zoning Code. No signs shall be
permitted to be placed on any portion of the roof projections along Calle
Estado and/or Desert Club Drive.
42. All roof -mounted mechanical equipment must be internal to the roof design,
or screened as an integral part of the roof structure, 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 the construction plan submittal for
building permits. The method and design must be approved by the
Community Development Department, prior to any issuance of the main
structural building permit.
43. The building plans submitted for plan check shall incorporate the following
revisions:
A. Appropriately sized planting pots, and/or other similar containers, shall
be placed at appropriate intervals at street level, to make up for the
lack of planter areas around the building. Automatic irrigation shall be
provided to all such containers.
B. Add architectural detailing to the west building elevation, to relieve the
blank wall appearance. Detailing shall employ use of elements such as
extended use of the painted faux -tile treatment, some architectural
recesses, and the potential for integration of a wall mural as part of
the elevation.
C. Roof tile shall incorporate a random mudded clay appearance.
D. Second -story planter areas and/or containers shall incorporate a down
drain system to avoid discoloration damage to the building finish.
E. Exposed rafter tail areas on the first and second floor ceiling lines may
be reduced in depth if deemed necessary due to encroachment into
the existing rights -of -way for Calle Estado and Desert Club Drive.
Design changes necessitated by such reduction shall be reviewed and
approved by the Community Development Department.
F. The central breezeway, connecting the north building elevation and
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Planning Commission Resolution 2005-033
Conditions of Approval - FINAL
Village Use Permit 2003-027
July 26, 2005
area, shall be widened from 6 feet to a minimum of
44. It is understood by the Applicant that Calle Estado, LLC, has entered into a
Letter of Agreement with the City, dated 7/19/05, relating to preparation
and possible approval of a Development Agreement for the purpose of
clarifying the applicant's parking obligations associated with development of
Village Use Permit 2005-027.This Village Use Permit shall not be effective
unless and until the Development Agreement has been approved by the City
Council and recorded; the applicant further understands that the City Council
may choose to reject entering the Development Agreement or modify its
contents. While this approval will not be effective until such time as a
Development Agreement may become effective, the time limits associated
with approval of VUP 2005-027 shall be in effect with respect to expiration,
as stated under Condition #2.
45. The permitted office and retail uses shall be limited to those of a general
intensity, consistent with the parking ratios of 1 space per 250 s.f. of office
and 1 space per 200 s.f. of retail to general office and limit the retail spaces
to preclude restaurant and food service uses. This precludes use of office
space as a medical use, and retail space for restaurant use and retail food
with ancillary seating, unless shared parking or tenant space reductions are
determined to maintain the approved parking ratios for this building, or the
Development Agreement is amended to allow payment of per -space fees to
increase use intensity for the project.
46. Applicant shall process a parcel merger, in order to incorporate Lots 10, 11,
and 12 into one parcel. The merger shall have been recorded prior to
issuance of a permit for the main building.
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