PCRES 2006-002PLANNING COMMISSION RESOLUTION 2006-002
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF LA QUINTA, CALIFORNIA, APPROVING
DVELOPMENT GUIDELINES, FOR THE DEVELOPMENT
OF A ± 19,433 GROSS SQUARE FOOT COMMERCIAL
OFFICE BUILDING WITH 935 SQUARE FOOT COFFEE
BAR, INCLUSIVE OF A DEVELOPMENT AGREEMENT
VILLAGE USE PERMIT 2005-032
NISPERO PROPERTIES, INC.
WHEREAS, the Planning Commission of the City of La Quinta,
California, did on the 101h day of January, 2006, consider Village Use Permit 2005-
032 for a ± 19,433 gross square -foot commercial office building, to include a 935
square -foot coffee bar use, inclusive of a Development Agreement (DA 2005-009),
to be located at the northwest corner of Main Street and Avenida La Fonda, more
particularly described as:
LOTS 68 & 77, MB 021 /060, DESERT CLUB TRACT UNIT #4
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, the Architecture and Landscape Review Committee of the
City of La Quinta, California, did on the 7"' day of December, 2005, adopt Minute
Motion 2005-036, recommending approval of Village Use Permit 2005-032 to the
Planning Commission, subject to recommended conditions; and,
WHEREAS, said Village Use Permit application has been filed in
conjunction with Development Agreement 2005-009, which requires approval by
the City Council, thereby requiring approval of the Village Use Permit by said City
Council as stipulated under Section 9.200.030.2, LQMC; 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 a
recommendation for approval of said Village Use Permit:
1. The proposed Village Use Permit 2005-032 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.
Planning Commission Resolution 2006-002
Village Use Permit 2005-032
Nispero Properties, Inc
January 10, 2006
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
the associated Development 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 2005-032 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 2005-032 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 vacant properties to the north, south
and west are similarly zoned for Village Commercial uses. Property to the
east is developed with the City Library and Senior Center facilities.
Development of office and retail uses proximate to residential uses in the
area will not significantly impact the quality of life for area residents. The
project uses will provide services to area residents within walking distance,
and will augment existing City services at the Civic Center Campus area.
Any credit for parking exercised should the applicant provide any parking on
Main Street will achieve the intent of providing additional parking in the
immediate area within the Village at La Quinta.
5. The architectural design aspects of the proposed Village Use Permit 2005-
032, 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, past approved Village area
projects, and with the overall design quality prevalent in the City, with the
incorporation of the recommended conditions of approval.
P:\Reports - PC\2006\1-10-06\VUP 032\PcresovuPO32.rtf
Planning Commission Resolution 2006-002
Village Use Permit 2005-032
Nispero Properties, Inc
January 10, 2006
6. The site design aspects of the proposed Village Use Permit 2005-032,
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, with the conditions to be incorporated.
7. The project landscaping for the proposed Village Use Permit 2005-032,
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, with the conditions to be incorporated.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of
the City of La Quinta, California, as follows:
That the above recitations are true and constitute the findings of the
Planning Commission in this case;
2. That it does hereby recommend to the La Quinta City Council, approval of
Village Use Permit 2005-032 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 10t' day of January, 2006, by
the following vote, to wit:
AYES: Commissioners Alderson, Daniels, Quill, and Chairman Kirk
NOES: None
ABSENT: Commissioner Ladner
ABSTAIN: None
, Chairman
Quinta, California
PAReports - PC\2006\1-10-06\VUP 032\peresovup032.rtf
Planning Commission Resolution 2006-002
Village Use Permit 2005-032
Nispero Properties, Inc
January 10, 2006
ATTEST:
ALAS
DOUEVANS
Community Development Director
City of La Quinta, California
P:\Reports - PC\2006\1-10-06\VUP 032\peresovup032.nf
PLANNING COMMISSION RESOLUTION 2006-002 EXHIBIT "A"
CONDITIONS OF APPROVAL - ADOPTED
VILLAGE USE PERMIT 2005-032
NISPERO PROPERTIES, INC.
JANUARY 10, 2006
GENERAL CONDITIONS OF APPROVAL
1. Village Use Permit 2005-032 (VUP 2005-032) 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 #55 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)
• Waste Management of the Desert
PAReports - PC\2006\1-10-06\VUP 032\coapcvup032adopted.rtf
Planning Commission Resolution 2006-002
Conditions of Approval - ADOPTED
Village Use Permit 2005-032
January 10, 2006
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 2005-032.
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. Any on -street
parking/street improvement plans for Main Street, if submitted, shall be
reviewed and approved by the Public Works Department, as to acceptable
design standards. Any deviation from standards as applicable under Section
9.150.080 of the Zoning Code, may be approved by the Community
Development and Public Works Departments, as part of the improvement
plan review process.
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 all public street right-of-ways in
conformance with the City's General Plan, Municipal Code, applicable
specific plans, and/or as required by the City Engineer.
10. The public street right-of-way offers for dedication required for this
development include:
coapcvup032adopted. rtf
Planning Commission Resolution 2006-002
Conditions of Approval - ADOPTED
Village Use Permit 2005-032
January 10, 2006
A. PUBLIC STREETS
11 Avenida La Fonda (Local Street, 60' ROW) — The standard 35
feet from the centerline of Avenida La Fonda for a total 60-foot
ultimate developed right of way.
11. 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.
12. Direct vehicular access from any portion of the site with frontage along
Avenida La Fonda and Main Street is restricted, except for those access
points identified on the approved site plan, or as otherwise conditioned in
these conditions of approval.
13. 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.
14. 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.
15. Upon approval of this Village Use Permit, the applicant shall begin right-of-
way vacation of the existing remnant public right-of-way at the corner of
Avenida La Fonda and Main Street (Avenida Buena Ventura).
16. Applicant shall process a parcel merger, in order to incorporate Lots 68 and
77 into one parcel. The merger shall have been recorded prior to issuance of
a permit for the main building.
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.
co a pcvup032adopted. rtf
Planning Commission Resolution 2006-002
Conditions of Approval - ADOPTED
Village Use Permit 2005-032
January 10, 2006
17. 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.
18. 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. PM10 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
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.
19. The City maintains standard plans, details and/or construction notes for
elements of construction on the Public Works Online Engineering Library at
the City website (www.la-quinta.org). Navigate to the Public Works
Department home page and look for the Online Engineering Library hyperlink.
20. The applicant shall furnish a complete set of the AutoCAD files of all
approved improvement plans on a storage media acceptable to the City
coapcvu p032adopted. rtf
Planning Commission Resolution 2006-002
Conditions of Approval - ADOPTED
Village Use Permit 2005-032
January 10, 2006
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
21. 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.
22. 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.
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.
23. 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.
c oapcv u p032 adopted. rtf
Planning Commission Resolution 2006-002
Conditions of Approval - ADOPTED
Village Use Permit 2005-032
January 10, 2006
24. Prior to issuance of the main building permit, the applicant shall provide a lot
pad certification, stamped and signed by qualified engineers or surveyor.
nRAINAGF
25. Nuisance water shall be retained onsite and disposed of in a manner
acceptable to the City Engineer.
I ITII ITIFS
26. 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.
27. 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.
28. Prior to issuance of any building permit, the applicant shall provide evidence
to the Public Works Department, of vacation of the existing 10-foot PUE
along the common lot line of lots 68 and 77, along with any relocated
easement(s) as may be required. Any in -ground utilities shall be relocated to
the satisfaction of the purveyor of record, and the City Engineer
STREET AND TRAFFIC IMPROVEMENTS
29. 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.
30. No additional street improvements are required, except for:
A. Avenida La Fonda
1) A five-foot wide sidewalk next to the curb along the property
boundary with corner improvements and curb ramp per
Standard 250 — Case A.
coapcvup032adopted. rtf
Planning Commission Resolution 2006-002
Conditions of Approval - ADOPTED
Village Use Permit 2005-032
January 10, 2006
B. Main Street
11 A minimum five-foot wide sidewalk next to the curb along the
property boundary, to consist of enhanced design materials
(e.g. colored/stamped concrete, pavers, etc.) and to include
provision for landscaped areas. The sidewalk design shall
provide for minimum clearances of 4 feet for ADA accessibility.
It is acknowledged that the applicant may submit street
improvement plans for Main Street, to accommodate on -street
parking along the inside curve (west side), but is not required
to do so. Any such improvement plans shall be subject to
review and approval by the Community Development and
Public Works Departments, as specified in Condition 7.
Generally, said plans shall be based on a 4-foot curb inset to
the west from existing curb line along Main Street, for an 18-
foot half -width pavement section, as measured from centerline
to gutter flow line, along the project frontage.
PARKING LOTS AND ACCESS POINTS
31. The applicant shall conform to LQMC Chapter 9.150, relating to 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. Exceptions to parking lot
development standards shall be as shown on the plans and as set forth in
these Conditions, which shall take precedence.
32. 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./4.0" c.a.b
33. 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.
coapcvup032adopted. rtf
Planning Commission Resolution 2006-002
Conditions of Approval - ADOPTED
Village Use Permit 2005-032
January 10, 2006
34. General access points and turning movements of traffic are limited to the
proposed access driveways on Main Street and Avenida La Fonda. All turn
movements are permitted.
35. The entry driveway throat and parking aisle shall be permitted to be
constructed as designed on the approved plans, at the depths as shown and
26 feet in width rather than the required 28 feet, as permitted under
Section 9.65.030.A.3.a, in order to retain the parking space count of 49
on -site spaces. Use of wheel stops is not permitted.
36.A total space count of 49 parking stalls, including handicapped parking
spaces, shall be provided. A minimum of 16 spaces shall be maintained as
covered parking, to be designed and located as required under Section
9.150.080.6.5, LQMC.
37. Design and final location of the two trash enclosures shall be reviewed and
approved by Waste Management., with the written and/or stamped plan
approval to be submitted during the building plan check process. No permits
for these facilities shall be issued without said approval.
38. A minimum four -foot high screen wall shall be provided at the west property
line. The wall design shall be consistent with the materials and colors used
on the main structure, subject to review and approval by Community
Development This shall be shown on the civil and landscape plans as
submitted for plan check.
LANDSCAPING
39. On -site and off -site (streetscape) 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.
40. The Silk trees located along the west property line shall be replaced with a
non -deciduous (evergreen) variety, to be approved as part of the landscape
plan check process.
co a p cvup032 adopted. rtf
Planning Commission Resolution 2006-002
Conditions of Approval - ADOPTED
Village Use Permit 2005-032
January 10, 2006
41. The Phoenix Dactylifera species (Date Palms) to be used shall be purchased
from within the Coachella Valley, per the requirement of the Riverside
County Agricultural Commissioner.
QUALITY ASSURANCE
42. The applicant shall employ construction quality -assurance measures which
meet the approval of the City Engineer.
43. 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.
44. 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 methods employed comply with plans, specifications and other
applicable regulations.
45. 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
46. 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.
47. 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.
48. 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.
co a pcvu p032 adopted. rtf
Planning Commission Resolution 2006-002
Conditions of Approval - ADOPTED
Village Use Permit 2005-032
January 10, 2006
49. Prior to the issuance of any building permit for the Site, the applicant shall
pay the up -front parking fees, in the manner and amount as specified in the
Development Agreement for Village Use Permit 2005-032.
FIRE PROTECTION
50. 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
51. The applicant shall submit a detailed project area lighting plan. Parking lot
lighting is required, and shall meet the criteria set forth in Section
9.150.080.K, LQMC. 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.
52. 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 or balcony
railings along Main Street, and the west elevation.
53. 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.
54. The building plans submitted for plan check shall incorporate the following
revisions:
co a pcvu p032ad opted. rtf
_ Planning Commission Resolution 2006-002
Conditions of Approval - ADOPTED
Village Use Permit 2005-032
January 10, 2006
A. The west elevation for the coffee shop portion of the building shall be
modified to lower the stone veneer work, and add arched windows,
and/or similar detailing, compatible with the main building.
B. Wrought iron railings used on the project shall reflect more of a hand-
crafted detailing, similar to the photo exhibit examples in the
approved plan set, as opposed to the standard appearance of railings
as represented in the architectural renderings and elevations.
C. The proposed sign monument shall be reviewed as part of the sign
program, as required by Condition 52. The monument shall be similar
in design to the photo exhibit example of the fountain, contained in
the approved plan exhibits.
55. It is understood by the Applicant that Nispero Properties, Inc, by payment of
a deposit in the amount of $5,000 on 12/21/05, has entered into an
Agreement with the City 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-
032.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 2005-032 shall be in effect with respect to expiration, as stated
under Condition #2.
56. The permitted office and coffee bar 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 150 s.f. of retail food with ancillary seating. This
precludes use of any office space as a medical office use, and retail food
with ancillary seating space for sit-down restaurant use, 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 any use intensity for the project.
57. Use of the coffee bar lease space may be relocated to an alternate ground
floor space, oriented toward the center of the main building proximate to the
pedestrian entrance from Main Street. Limited unreserved ancillary outdoor
seating for coffee bar patrons may be provided in the entry courtyard,
whether or not the coffee bar space is relocated.
coapcvup032adopted. rtf