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PC Resolution 2012-016PLANNING COMMISSION RESOLUTION 2012-016 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A VILLAGE USE PERMIT FOR THE EXPANSION OF AN EXISTING STORAGE BUILDING AT LAVENDER BISTRO CASE NO: VILLAGE USE PERMIT 2012-046 APPLICANT: MICHEL DESPRAS, LAVENDER BISTRO WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 11'h day of September, 2012, hold a duly -noticed Public Hearing to consider a request by Michel Despras, Lavender Bistro, for approval of architectural and site plans for the expansion of an existing storage building located at the Lavender Bistro restaurant site, located at 78-073 Calle Barcelona, more particularly described as: APN 770-182-002 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 La Quinta Planning Department has reviewed this project in compliance with the requirements of the California Environmental Quality Act of 1970, as amended. The La Quinta Planning Department has determined that this project is exempt from environmental review pursuant to Section 15332 (Class 32) of the California Environmental Quality Act in that this is an in -fill project surrounded by urban services and existing improvements; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did find the following facts and reasons to justify approval of said Village Use Permit: 1. Consistency with the General Plan - The proposed Village Use Permit 2012-046 is consistent with the La Quinta General Plan, as it proposes a building expansion for an existing use that is consistent with the General Plan designation for VC (Village Commercial) development. 2. Consistency with the Zoning Code- The proposed Village Use Permit is consistent with the requirements of the La Quinta Zoning Code, in that the building expansion will support existing uses consistent with those permitted in the Village Commercial district, and meets the standards of this district. Planning Commission Resolution 2012-016 Village Use Permit 2012-046 Lavender Bistro September 11, 2012 3. Compliance with the California Environmental Quality Act (CEQA) - 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. 4. Architectural Design — The architectural design aspects of the proposed building expansion are consistent with the existing architectural design aspects at the site. 5. Site Design - The site design aspects of the proposed building expansion, as conditioned, will be compatible with, and not detrimental to, the surrounding area and existing building, and with the overall design quality prevalent in the City, in terms of interior circulation, pedestrian access, and other related site design elements such as scale, mass, and appearance. 6. Health and Safety - 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. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California as follows: 1. That the above recitations are true and correct and constitute the findings of said Planning Commission in this case; and 2. That the Planning Commission does hereby approve Village Use Permit 2012-046, 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 11' day of September, 2012 by the following vote, to wit: Planning Commission Resolution 2012-016 Village Use Permit 2012-046 Lavender Bistro September 11, 2012 AYES: Commissioners Alderson, Weber, Wilkinson, Wright, and Chairwoman Barrow NOES: None ABSENT: None ABSTAIN: None ►sl JfflHNSON, Planning Director of La Quinta, California KATI BARROWChairwoman City of La Quinta, California PLANNING COMMISSION RESOLUTION 2012-016 VILLAGE USE PERMIT 2012-046 CONDITIONS OF APPROVAL - FINAL September 11, 2012 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 Conditional Use Permit. The City shall have sole discretion in selecting its defense council. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This permit shall expire on September 11, 2014, unless a building permit has been finalized and/or a time extension is applied for and granted by the Planning Commission pursuant to Section 9.200.080 of the Zoning Code. 3. Prior to the issuance of a grading, construction or building permit, the applicant shall obtain applicable permits and/or clearances from the following agencies, if applicable or required: • Riverside County Fire Marshall • Public Works Department (Grading Permit, Improvement Permit) • Planning Department • Riverside County Environmental Health Department The applicant is responsible for all requirements of the permits or clearances from the above listed agencies and departments. If the requirements include approval of improvement plans, the applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. 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. I 4. 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 LQMC Section 13.24.040 (Improvement Plans). PLANNING COMMISSION RESOLUTION 2012-016 VILLAGE USE PERMIT 2012-046 CONDITIONS OF APPROVAL - FINAL September 11, 2012 5. The following plans shall be submitted to the Building and Safety Department for review and approval. The plans shall utilize the minimum scale specified, unless otherwise authorized by the Building and Safety Director 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 Commercial Building and Precise Grading Plan (as required by the Building and Safety Department) 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. 6. Upon completion of construction, and prior to record drawing submittal 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" 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 approved 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 EOR. can make site visits in support of preparing Record 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. PROPERTY RIGHTS 7. 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 installation. 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. Pursuant to this condition, the applicant shall comply with the applicable lease agreements entered upon with the City of La Quinta. PLANNING COMMISSION RESOLUTION 2012-016 VILLAGE USE PERMIT 2012-046 CONDITIONS OF APPROVAL - FINAL September 11, 2012 UTILITIES 8. The applicant shall comply with the provisions of LQMC Section 13,24.110 (Utilities). PARKING/ACCESS POINTS 9. The applicant shall protect existing hardscape along the proposed storage building expansion area to include but not limited to garden walls, landscaping, irrigation systems, curb and gutter, sidewalk and pavement. Restoration to any damaged hardscape shall be to the satisfaction of the City of La Quinta. MAINTENANCE I 10. The applicant shall comply with the provisions of LQMC Section 13.24.160, and shall make provisions for continuous, perpetual maintenance of all on - site improvements, perimeter landscaping, access drives, and sidewalks. The applicant shall maintain required public improvements until expressly released from its responsibility by the appropriate public agency. FEE AND DEPOSITS 11. 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. PLANNING 12. No outdoor lighting is approved as part of this permit. 13. The storage building expansion shall not exceed 900 square feet in area and shall be developed to the east of the existing storage building. The expansion shall conform to the approved plans on file with this application. I 14. The storage building shall match the roof -pitch and roof materials of the existing storage building. The expansion shall be stucco and painted to match the existing building. PLANNING COMMISSION RESOLUTION 2012-016 VILLAGE USE PERMIT 2012-046 - CONDITIONS OF APPROVAL - FINAL September 11, 2012 15. The applicant shall submit a final landscape plan for approval by the Planning Department for the area around the storage building expansion. When plan checking has been completed by the Planning Department, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the Planning Director. Final landscape plans for on -site plantings shall be approved by the Planning Director prior to final of the building permit. FIRE DEPARTMENT 16. No hazardous materials shall be stored and/or used within the building, which exceeds quantities listed in 2010 CBC. No class I, If or IIIA of combustible/flammable liquid shall be used in any amount in the building. 17. No fire -lanes, fire hydrants or any other Fire Department appliances/equipment shall be blocked or obstructed.