PCRES 2008-017PLANNING COMMISSION RESOLUTION 2008-017
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF LA QUINTA, CALIFORNIA,
RECOMMENDING APPROVAL TO THE CITY COUNCIL
A ONE-YEAR TIME EXTENSION FOR VILLAGE USE
PERMIT 2005-032 FOR THE CONSTRUCTION OF A
± 19,433 SQUARE FOOT TWO-STORY OFFICE
BUILDING WITH COFFEE HOUSE
VILLAGE USE PERMIT 2005-032, Ext. 1
NISPERO PROPERTIES, INC.
WHEREAS, the Planning Commission of the City of La Quinta,
California, did on the 10"day of June, 2008, consider a one-year time extension
for Village Use Permit 2005-032 for a ± 19,433 square -feet commercial office
building to be located at the northwest corner of Main Street and Avenida La
Fonda, more particularly described as:
LOT 77, MB 021/060, DESERT CLUB TRACT UNIT #4
WHEREAS, said one-year time extension of 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 initial approval of Village Use Permit 2005-032 by the City Council on
February 7, 2006 included a determination that the proposed Village Use Permit
was exempt from CEQA review under Guidelines Section 15332 (Infill
Development) and there has been no change in circumstances to justify altering
said determination; and, ,
WHEREAS, Village Use Permit 2005-032 in conjunction with
Development Agreement 2005-009 was approved by the City Council, thereby
requiring approval of the one-year time extension of said Village Use Permit by the
City Council as stipulated under Section 9.200.080, 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, in accordance with LQMC Section 9.200.080 D, 1, make
the following mandatory finding:
The proposed one-year time extension for Village Use Permit 2005-032 is
justified by the circumstances of the project. Through the initial approval
process it was determined the proposed building design and site layout are in
compliance with the La Quinta Municipal Code and with the La Quinta
Village Design Guidelines. In addition, the proposed building's scale and
VUP 05-032 PC Reso ds
Planning Commission Resolution 2008-017
Village Use Permit 2005-032, Ext. # 1
Nispero Properties, Inc.
June 10, 2008
architectural design will accentuate and compliment the adjacent Library
building. As the current request for a time extension does not include any
amendments to the previously reviewed and approved development plans
and there have been no significant changes to the City's Municipal Code or
the Village Design Guidelines that would necessitate a modification of the
approved plans.
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 finding of the Planning
Commission in this case;
2. That it does hereby recommend to the La Quinta City Council, approval of a
one-year time extension for 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 10`" day of June, 2008, by the
following vote, to wit:
AYES: Commissioners Barrows, Wilkinson, and Chairman Alderson
NOES: None
ABSENT: Commissioners Quill and Engle
ABSTAIN: None
ED ALDERSON, Chairman
City of La Quinta, California
ATTEST:
rlanningwirector
City of La Quinta, California
VUP 05-032 PC Reso ds
PLANNING COMMISSION RESOLUTION 2008-017
CONDITIONS OF APPROVAL - ADOPTED
VILLAGE USE PERMIT 2005-032, EXT. 1
NISPERO PROPERTIES, INC.
JUNE 10, 2008
GENERAL CONDITIONS OF APPROVAL
1. Village Use Permit 2005-032, Extension 1 (VUP 2005-032, Ext. 1) 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.
2. This approval shall expire on February 7, 2009, one year from the date of the
initial date of expiration, February 7, 2008, 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:
• Fire Marshal
• Public Works Department (Grading Permit, Green Sheet, (Public Works
Clearance) for Building Permits, Improvement and Encroachment
Permits
• Planning Department
• Riverside County Environmental Health Department
• Desert Sands Unified School District
• Coachella Valley Water District (CVWD)
o Southern California Gas Company
• Imperial Irrigation District (IID)
• California Water Quality Control Board (CWQCB)
VUP 05-032 EXT 1 - COA ds
Planning Commission Resolution 2008-017
Conditions of Approval — Adopted
Village Use Permit 2005-032, Ext. 1
June 10, 2008
• South Coast Air Quality Management District Coachella Valley
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, LQMC Sections 8.70.010 at seq. (Stormwater
Management and Discharge Controls) -and 13.24.170 (Clean Air/Clean
Water); 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) acre or more of land, or that disturbs less than
one (1) acre of land, but which is a part of a construction project that
encompasses more than one (1) acre of land, the Permitee shall be
required to submit a Storm Water Pollution Protection Plan ("SWPPP").
The applicant or design professional can obtain the California
stormwater Quality Association SWPPP template at
www.cabmphandbooks.com for use in their SWPPP preparation.
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") (LQMC Section 8.70.020
(Definitions)):
1) Temporary Soil Stabilization (erosion control).
2) Temporary Sediment Control
3) Wind Erosion Control
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Planning Commission Resolution 2008-017
Conditions of Approval — Adopted
Village Use Permit 2005-032, Ext. 1
June 10, 2008
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.
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, Ext. 1.
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 City Engineer 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 Planning 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. Said conferred rights shall also include grant of
access easement to the City of La Quinta for the purpose of graffiti removal
by City staff or assigned agent in perpetuity and agreement to the method to
remove graffiti and to paint over the best match existing. The applicant shall
VUP 05-032 EXT 1 - COA ds 3
Planning Commission Resolution 2008-017
Conditions of Approval — Adopted
Village Use)Permit 2005-032, Ext. 1
June 10, 2008
establish the aforementioned requirements in the CC&R's for the
development or other agreements as approved by the City Engineer.
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 rights -of -way offers for dedication required for this Village
Use Permit include:
A. PUBLIC STREETS
1) Avenida La Fonda (Local Street, 60' ROW) - The standard 30
feet from the centerline of Avenida La Fonda for a total 60-foot
ultimate developed right of way.
2) Main Street (Local Street, 50' ROW) - The standard 30 feet
from the centerline of Main Street for a total of 50-foot
ultimate developed right of way except for an additional right
of way dedicated to accommodate improvements conditioned
under STREET AND TRAFFIC IMPROVEMENTS.
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.
VUP 05-032 EXT 1 - COA ds 4
Planning Commission Resolution 2008-017
Conditions of Approval — Adopted
Village Use Permit 2005-032, Ext. 1
June 10, 2008
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).
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.
16. 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.
17. 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 "
= 20'
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
VUP 05-032 EXT 1 - COA ds 5
Planning Commission Resolution 2008-017
Conditions of Approval — Adopted
Village Use Permit 2005-032, Ext. 1
June 10, 2008
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.
18. The City maintains standard plans, detail sheets and/or construction notes
for elements of construction which can be accessed via the "Plans, Notes
and Design Guidance" section of the Public Works Department at the City
website (www.la-quinta.org). Please navigate to the Public Works
Department home page and look for the Standard Drawings hyperlink.
19. The applicant shall furnish a complete set of the mylars of all approved
improvement plans on a storage media acceptable to the City Engineer.
Upon completion of construction, and prior to final acceptance of the
improvements by the .City, 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 mylars previously submitted to the
City, revised to reflect the as -built conditions. The applicant shall employ or
retain the Engineer Of Record during the construction phase of the project so
that the FOR can make site visits in support of preparing As Built drawings.
However, if subsequent approved revisions have been approved by the City
Engineer and reflect said "As Built" conditions, the Engineer Of Record may
submit a letter attesting to said fact to the City Engineer in lieu of mylar
submittal.
GRADING
20. 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.
21. 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,
VUP 05-032 EXT 1 - COA ds
Planning Commission Resolution 2008-017
Conditions of Approval — Adopted
Village Use Permit 2005-032, Ext. 1
June 10, 2008
C. A Fugitive Dust Control Plan prepared in accordance with LQMC
Chapter 6.16 (Fugitive Dust Control), and
D. A Best Management Practices report prepared in accordance with
LQMC Sections 8.70.010 and 13.24.170 (NPDES stormwater
discharge permit and Storm Management and Discharge Controls).
22. 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.
23. 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
24. Nuisance water shall be retained onsite. Nuisance water shall be disposed of
per approved methods contained in Engineering Bulletin No. 06-16 —
Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain
Systems and Engineering Bulletin No 06-015 Underground Retention Basin
Design Requirements.
IJTII ITIFS
25. 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.
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. The applicant shall provide certified reports of all utility trench
compaction for approval of the City Engineer.
27. 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
VUP 05-032 EXT 1 - COA ds 7
Planning Commission Resolution 2008-017
Conditions of Approval — Adopted
Village Use Permit 2005-032, Ext. 1
June 10, 2008
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
28. 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.
29. 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.
B. Main Street
1) 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 Planning 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
30. The design of parking facilities shall conform to LQMC Chapter 9.150 and in
particular the following:
A. The parking stall and aisle widths and the double hairpin stripe
VUP 05-032 EXT 7 - COA ds 8
Planning Commission Resolution 2008-017
Conditions of Approval - Adopted
Village Use Permit 2005-032, Ext. 1
June 10, 2008
parking stall design.
B. Cross slopes should be a maximum of 2% where ADA accessibility is
required including accessibility routes between buildings.
C. Building access points shall be shown on the Precise Grading Plans to
better evaluate ADA accessibility issues.
D. Accessibility routes to public streets and adjacent development shall
be shown on the Precise Grading Plan.
E. Parking stall length shall be according to LQMC Chapter 9.150 and be
a minimum of 17 feet in length with a 2-foot overhang for standard
parking stalls and 18 feet with a 2-foot overhang for handicapped
parking stall or as approved by the City Engineer. One van accessible
handicapped parking stall is required per 8 handicapped parking stalls.
F. Drive aisles between parking stalls shall be a minimum of 26 feet
with access drive aisles to Public Streets a minimum of 30 feet as
shown on the Site Development Permit site plan or as approved by
the City Engineer.
Entry drives, main interior circulation routes, corner cutbacks, bus turnouts,
dedicated turn lanes, ADA accessibility routes to public streets and other
features shown on the approved construction plans, may require additional
street widths and other improvements as may be determined by the City
Engineer.
31. The applicant shall design parking lot 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 Lot & Aisles (Low Traffic) 3.0" a.c./4.5" c.a.b.
Parking Lot & Aisles (High Traffic) 4.5" a.c./5.5" c.a.b.
Loading Areas 6" P.C.C/4" c.a.b.
32. The applicant shall submit current mix designs (less than two years old at
the time of construction) for base, asphalt concrete and Portland cement
VUP 05-032 EXT 1 - COA ds 9
Planning Commission Resolution 2008-017
Conditions of Approval — Adopted
Village Use Permit 2005-032, Ext. 1
June 10, 2008
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.
33. 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.
34. 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.
35. 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.B.5, LQMC.
36. 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.
37. 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 the Planning
Department. This shall be shown on the civil and landscape plans as
submitted for plan check.
LANDSCAPING
38. On -site and off -site (streetscape) landscape, landscape lighting and irrigation
plans shall be submitted for approval by the Planning 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
VUP 05-032 EXT 1 - COA ds 10
Planning Commission Resolution 2008-017
Conditions of Approval — Adopted
Village Use Permit 2005-032, Ext. 1
June 10, 2008
Riverside County Agricultural Commissioner prior to submitting for final
acceptance by the Planning Department.
39. 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.
40. 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.
FEES AND DEPOSITS
41. 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.
42. 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.
43. 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.
44. 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
45. 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
46. The applicant shall submit a detailed project area lighting plan. Parking lot
lighting is required, and shall meet the criteria set forth in Section
VUP 05-032 EXT 1 - COA ds
Planning Commission Resolution 2008-017
Conditions of Approval — Adopted
Village Use Permit 2005-032, Ext. 1
June 10, 2008
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.
47. 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.
48. 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 Planning
Department, prior to any issuance of the' main structural building permit.
49. The building plans submitted for plan check shall incorporate the following
revisions:
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.
50. 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
VUP 05-032 EXT 1 - COA ds 12
Planning Commission Resolution 2008-017
Conditions of Approval - Adopted
Village Use Permit 2005-032, Ext. 1
June 10, 2008
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,
Extension 1. 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
Agreementmay 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.
51. 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.
52. 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.
53. A minimum of five bicycle parking spaces shall be provided on -site and shall
be placed in a shaded location, out of the way of pedestrian flows and shall
be provided with a mechanism which permits locking a bicycle onto the rack.
VUP 05-032 EXT 1 - COA ds 13