SAPR 2018-0001 California Museum of ArtPLANNING COMMISSION RESOLUTION 2018 - 014
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF LA QUINTA, CALIFORNIA,
APPROVING A SITE DEVELOPMENT PERMIT,
SIGN PROGRAM, CONDITIONAL USE PERMIT,
AND MINOR ADJUSTMENT FOR A NEW 18,695
SQUARE FOOT ART MUSEUM AND FIND THE
PROJECT EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
CASE NUMBERS: SITE DEVELOPMENT PERMIT 2018-0003, SIGN
PROGRAM, 2018-0001, CONDITIONAL USE PERMIT 2018-0004,
MINOR ADJUSTMENT 2018-0008, ENVIRONMENTAL ASSESSMENT
2018-0003
APPLICANT: SOUTH WEST CONCEPTS, LLC
WHEREAS, the Planning Commission of the City of La Quinta, California
did, on the 13th day of November, 2018, hold a duly noticed Public Hearing,
to consider a request by South West Concepts for approval of a site
development permit, sign program, conditional use permit, and minor
adjustment to allow for a new art museum generally located at 47705 Caleo
Bay Drive, more particularly described as:
APN : 643-200-032
WHEREAS, the Design and Development Department published a public
hearing notice in The Desert Sun newspaper on November 2, 2018 as
prescribed by the Municipal Code. Public hearing notices were also mailed to
all property owners within 500 feet of the site; and,
Site Development Permit 2018-0003
WHEREAS, at said Public Hearing, upon hearing and considering all
testimony and arguments, if any, of all interested persons desiring to be
heard, said Planning Commission did make the following mandatory findings
pursuant to Section 9.210.010 of the La Quinta Municipal Code to justify
approval of said Site Development Permit:
1. Consistency with General Plan
The proposed development is consistent with the General Plan land
use designation of General Commercial. The City's General Plan
policies relating to General Commercial encourage a full range of
Planning Commission Resolution 2018-014
Site Development Permit 2018-0003, Sign Program 2018-0001, Conditional Use Permit 2018-0004, Minor
Adjustment 2018-0008
California Desert Museum of Art
Adopted: November 13, 2018
Page 2 of 7
commercial uses within the City, and the proposed use maintains
those policies. The proposed project is consistent with Goal ED-1 as
it will contribute to a balanced and varied economic base and provide
a broad range of goods and services to its residents and region.
2. Consistency with Zoning Code
The proposed development, as conditioned, is consistent with the
development standards of the City's Zoning Code and the purpose
and intent of the Community Commercial District.
3. Compliance with CEQA
The Design and Development Department has determined that this
project is exempt pursuant to Section 15332 (Class 32) of the
California Environmental Quality Act in that the project can be
characterized as in -fill development.
4. Architectural Design
The architecture and layout of the project is compatible with, and not
detrimental to, the existing surrounding commercial land uses, and
is consistent with the development standards in the Municipal Code.
5. Site Design
The site design of the project is compatible with surrounding
development and with the quality of design prevalent in the City.
6. Landsca a Design
The proposed project is consistent with the landscaping standards
and plant palette and implements the standards for landscaping and
aesthetics established in the General Plan and Zoning Code.
Landscape improvements are designed and sized to provide visual
appeal. The permanent overall site landscaping utilizes various tree
and shrub species to enhance the building architecture.
Sign Program 2018-0001
WHEREAS, at said Public Hearing, upon hearing and considering all
testimony and arguments, if any, of all interested persons desiring to be
heard, said Planning Commission did make the following mandatory findings
Planning Commission Resolution 2018-014
Site Development Permit 2018-0003, Sign Program 2018-0001, Conditional Use Permit 2018-0004, Minor
Adjustment 2018-0008
California Desert Museum of Art
Adopted: November 13, 2018
Page 3of7
pursuant to Chapter 9.160.090 of the La Quinta Municipal Code to justify
approval of said Sign Program:
7. Consistency with General Plan
The proposed development is consistent with the General Plan land use
designation of General Commercial. The City's General Plan policies
relating to General Commercial encourage a full range of commercial
uses within the City, and the proposed use maintains those policies. The
proposed project is consistent with Goal ED-1 as it will contribute to a
balanced and varied economic base and provide a broad range of goods
and services to its residents and region.
8. Consistency with Zoning Code
Sign programs are authorized by the Zoning Code and the proposed sign
program is consistent with the purpose and intent of Chapter 9.160.090.
The sign program amendment is in harmony with and visually related
to:
a. All signs within the planned sign program, via the incorporation of
several common design elements such as materials, letter style,
colors, illumination, sign type or sign shape.
b. The buildings they identify. The signs utilize materials, colors, and
design motif that are included in the building being identified.
C. Surrounding development. Implementation of the planned sign
program will not adversely affect surrounding land uses or obscure
adjacent conforming signs.
The sign program amendment allows for a cohesive set of signs that
allows for increased visibility along Washington Street and Caleo Bay
without adversely impacting surrounding development.
9. Compliance with California Environmental —Quality AcLCLEDA
The Design and Development Department has determined that this
project is exempt pursuant to Section 15332 (Class 32) in that the
project can be characterized as in -fill development.
10. Surrounding Uses
As conditioned, approval of the application will not create conditions
materially detrimental to the public health, safety and general welfare
Planning Commission Resolution 2018-014
Site Development Permit 2018-0003, Sign Program 2018-0001, Conditional Use Permit 2018-0004, Minor
Adjustment 2018-0008
California Desert Museum of Art
Adopted: November 13, 2018
Page 4 of 7
or injurious to or incompatible with other properties or land uses in the
vicinity.
Conditional Use Permit 2018-0004
WHEREAS, at said Public Hearing, upon hearing and considering all
testimony and arguments, if any, of all interested persons desiring to be
heard, said Planning Commission did make the following mandatory findings
pursuant to Section 9.210.020 of the La Quinta Municipal Code to justify
approval of said Conditional Use Permit:
11. Consistency with General Plan
The proposed development is consistent with the General Plan land use
designation of General Commercial. The City's General Plan policies
relating to General Commercial encourage a full range of commercial
uses within the City, and the proposed use maintains those policies. The
proposed project is consistent with Goal ED-1 as it will contribute to a
balanced and varied economic base and provide a broad range of goods
and services to its residents and region.
12. Consistency with Zoning Code
The proposed development, as conditioned, is consistent with the
development standards of the City's Zoning Code and the purpose and
intent of the Community Commercial District.
13. Compliance with California Environmental Quality Act(CEOA
The Design and Development Department has determined that this
project is exempt pursuant to Section 15332 (Class 32) of the California
Environmental Quality Act in that the project can be characterized as in -
fill development.
14. Surrounding Uses
As conditioned, approval of the application will not create conditions
materially detrimental to the public health, safety and general welfare
or injurious to or incompatible with other properties or land uses in the
vicinity.
Minor Adjustment 2018-0008
Planning Commission Resolution 2018-014
Site Development Permit 2018-0003, Sign Program 2018-0001, Conditional Use Permit 2018-0004, Minor
Adjustment 2018-0008
California Desert Museum of Art
Adopted: November 13, 2018
Page 5 of 7
WHEREAS, at said Public Hearing, upon hearing and considering all
testimony and arguments, if any, of all interested persons desiring to be
heard, said Planning Commission did make the following mandatory findings
pursuant to Section 9.210.040 of the La Quinta Municipal Code to justify
approval of said Minor Adjustment:
15. Consistencv with General Plan
The proposed development is consistent with the General Plan land use
designation of General Commercial. The City's General Plan policies
relating to General Commercial encourage a full range of commercial
uses within the City, and the proposed use maintains those policies. The
proposed project is consistent with Goal ED-1 as it will contribute to a
balanced and varied economic base and provide a broad range of goods
and services to its residents and region.
16. Consistency with Zoning Code
The proposed development, as conditioned, is consistent with the
development standards of the City's Zoning Code and the purpose and
intent of the Community Commercial District.
17. Compliance with California Environmental Quality Act (CEQA)
The Design and Development Department has determined that this
project is exempt pursuant to Section 15332 (Class 32) of the California
Environmental Quality Act in that the project can be characterized as in -
fill development.
18. Su rounding Uses
As conditioned, approval of the application will not create conditions
materially detrimental to the public health, safety and general welfare
or injurious to or incompatible with other properties or land uses in the
vicinity.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of
the City of La Quinta, California, as follows:
SECTION 1. That the above recitations are true and constitute the Findings of
the Planning Commission in this case.
Planning Commission Resolution 2018-014
Site Development Permit 2018-0003, Sign Program 2018-0001, Conditional Use Permit 2018-0004, Minor
Adjustment 2018-0008
California Desert Museum of Art
Adopted: November 13, 2018
Page 6 of 7
SECTION 2. That the above project be determined to be exempt from CEQA
pursuant to Section 15332 (Class 32) of the CEQA Guidelines.
SECTION 3. That it does hereby approve of Site Development Permit 2018-
0003, for the reasons set forth in this Resolution and subject to the attached
Conditions of Approval.
SECTION 4. That it does hereby approve of Sign Program 2018-0001, for the
reasons set forth in this Resolution and subject to the attached Conditions of
Approval.
SECTION 5. That it does hereby approve of Conditional Use Permit 2018-0004,
for the reasons set forth in this Resolution and subject to the attached
Conditions of Approval.
SECTION 6. That it does hereby approve of Minor Adjustment 2018-0008, for
the reasons set forth in this Resolution.
PASSED, APPROVED, and ADOPTED at a regular meeting of the City
of La Quinta Planning Commission, held on this the 13th day of November,
2018, by the following vote:
AYES: COMMISSIONERS BETTENCOURT, CALDWELL, CURRIE,
PROCTOR, WRIGHT AND CHAIRPERSON MCCUNE
NOES: NONE
ABSENT: COMMISSIONER QUILL
ABSTAIN: NONE
16"--/
MCCUNE, Chairperson
City f La Quinta, California
Planning Commission Resolution 2018-014
Site Development Permit 2018-0003, Sign Program 2018-0001, Conditional Use Permit 2018-0004, Minor
Adjustment 2018-0008
California Desert Museum of Art
Adopted: November 13, 2018
Page 7 of 7
ATTEST:
DANNY CAS RO, Design and Development Director
City of La Quinta, California
PLANNING COMMISSION RESOLUTION 2018-014
CONDITIONS OF APPROVAL - FINAL
SITE DEVELOPMENT PERMIT 2018-0003
CALIFORNIA DESERT MUSEUM OF ART
ADOPTED: NOVEMBER 13, 2018
Page 1 of 13
GENERAL
1. The applicant agrees to defend, indemnify and hold harmless the City of La
Quinta ("City"), its agents, officers and employees from any claim, action or
proceeding to attack, set aside, void, or annul the approval of this Site
Development Permit. The City shall have sole discretion in selecting its
defense counsel.
The City shall promptly notify the applicant of any claim, action or proceeding
and shall cooperate fully in the defense.
2. Site Development Permit 2018-0003 shall comply with all applicable conditions
and/or mitigation measures for the following related approvals:
Environmental Assessment 2018-0003
Conditional Use Permit 2018-0004
In the event of any conflict(s) between approval conditions and/or provisions
of these approvals, the Design and Development Director shall adjudicate the
conflict by determining the precedence.
3. Prior to the issuance of any grading, construction, or building permit by the
City, the applicant shall obtain any necessary clearances and/or permits from
the following agencies, if required:
• Riverside County Fire Marshal
• La Quinta Development Division (Grading Permit, Green Sheet (Public
Works Clearance) for Building Permits, Water Quality Management
Plan(WQMP) Exemption Form - Whitewater River Region, Improvement
Permit)
• La Quinta Planning Division
• Riverside Co. Environmental Health Department
• Desert Sands Unified School District (DSUSD)
• Coachella Valley Water District (CVWD)
■ Imperial Irrigation District (IID)
• California Regional Water Quality Control Board (CRWQCB)
• State Water Resources Control Board
• SunLine Transit Agency (SunLine)
■ South Coast Air Quality Management District Coachella Valley (SCAQMD)
The applicant is responsible for all requirements of the permits and/or
clearances from the above listed agencies. When these requirements include
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PLANNING COMMISSION RESOLUTION 2018-014
CONDITIONS OF APPROVAL - FINAL
SITE DEVELOPMENT PERMIT 2018-0003
CALIFORNIA DESERT MUSEUM OF ART
ADOPTED: NOVEMBER 13, 2018
Page 2 of 13
approval of improvement plans, the applicant shall furnish proof of such
approvals when submitting those improvements plans for City approval.
4. Coverage under the State of California Construction General Permit must be
obtained by the applicant; who then shall submit a copy of the Regional Water
Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice
of Intent ("NOI") and Waste Discharger Identification (WDID) number to the
City prior to the issuance of a grading or building permit.
5. The applicant shall comply with applicable provisions of the City's NPDES
stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater
Management and Discharge Controls), and 13.24.170 (Clean Air/Clean
Water); Riverside County Ordinance No. 457; the California Regional Water
Quality Control Board - Colorado River Basin Region Board Order No. R7-
2013-0011 and the State Water Resources Control Board's Order No. 2012-
0006-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") to
the State Water Resources Control Board.
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 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.
C. 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.
4) Tracking Control.
5) Non -Storm Water Management.
6) Waste Management and Materials Pollution Control.
D. All erosion and sediment control BMPs proposed by the applicant shall
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PLANNING COMMISSION RESOLUTION 2018-014
CONDITIONS OF APPROVAL - FINAL
SITE DEVELOPMENT PERMIT 2018-0003
CALIFORNIA DESERT MUSEUM OF ART
ADOPTED: NOVEMBER 13, 2018
Page 3 of 13
be approved by the City Engineer prior to any onsite or offsite grading,
pursuant to this project.
E. The SWPPP and BMPs shall remain in effect for the entire duration of
project construction until all improvements are completed and accepted
by the City Council.
F. The provision for the funding and perpetual maintenance and operation
of all post -construction BMPs as required.
6. Developer shall reimburse the City, within thirty (30) days of presentment of
the invoice, all costs and actual attorney's fees incurred by the City Attorney
to review, negotiate and/or modify any documents or instruments required by
these conditions, if Developer requests that the City modify or revise any
documents or instruments prepared initially by the City to effect these
conditions. This obligation shall be paid in the time noted above without
deduction or offset and Developer's failure to make such payment shall be a
material breach of the Conditions of Approval.
7. Developer shall reimburse the City, within thirty (30) days of presentment of
the invoice, all costs and actual consultant's fees incurred by the City for
engineering and/or surveying consultants to review and/or modify any
documents or instruments required by this project. This obligation shall be
paid in the time noted above without deduction or offset and Developer's
failure to make such payment shall be a material breach of the Conditions of
Approval.
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 to best match existing. The applicant shall
establish the aforementioned requirements in the CC&R's for the development
or other agreements as approved by the City Engineer.
9. Pursuant
to the aforementioned condition,
conferred rights shall
include
property
rights necessary for construction
and proper functioning
of the
proposed
development not limited to access rights over proposed
and/or
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PLANNING COMMISSION RESOLUTION 2018-014
CONDITIONS OF APPROVAL - FINAL
SITE DEVELOPMENT PERMIT 2018-0003
CALIFORNIA DESERT MUSEUM OF ART
ADOPTED: NOVEMBER 13, 2018
Page 4 of 13
existing parking lot that access public streets and open space/drainage
facilities.
10. Direct vehicular access to Washington Street and Caleo Bay Drive is restricted,
except for those access points identified on the Site Development Permit, or as
otherwise conditioned in these conditions of approval.
11. The applicant shall furnish proof of easements, or written permission, as
appropriate, from those owners of all abutting properties on which grading,
retaining wall construction, permanent slopes, or other encroachments will
occur.
12. The applicant shall cause no easement to be granted, or recorded, over any
portion of the subject property unless such easement is approved by the City
Engineer.
PARKING LOTS and ACCESS POINTS
13. 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 parking
space design shall conform to LQMC Chapter 9.150.
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
evaluate ADA accessibility issues.
D. Accessibility routes to public streets and adjacent development shall be
shown on the Precise Grading Plan.
E. Parking space lengths shall be according to LQMC Chapter 9.150 and be
a minimum of 18 feet in length with a 2-foot overhang for all parking
spaces or as approved by the City Engineer. One van accessible parking
space is required per 6 accessible parking spaces.
F. Drive aisles between parking spaces shall be a minimum of 26 feet with
access drive aisles to Public Streets a minimum of 28 feet as shown on
the Preliminary Precise Grading Plan or as approved by the City
Engineer.
Entry drives, main interior circulation routes, corner cutbacks, bus turnouts,
dedicated turn lanes, ADA accessibility route to public streets and other
Page 4 of 13
PLANNING COMMISSION RESOLUTION 2018-014
CONDITIONS OF APPROVAL - FINAL
SITE DEVELOPMENT PERMIT 2018-0003
CALIFORNIA DESERT MUSEUM OF ART
ADOPTED: NOVEMBER 13, 2018
Page 5 of 13
features shown on the approved construction plans, may require additional
street widths and other improvements as may be determined by the City
Engineer.
14. The applicant shall design street pavement sections using CalTrans' design
procedure for 20-year life pavement, and the site -specific data for soil
strength and anticipated traffic loading (including construction traffic).
Minimum structural sections shall be as follows:
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.
or the approved equivalents of alternate materials.
15. 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.
16. Improvements shall include appurtenances such as traffic control signs,
markings and other devices, raised medians if required, street name signs and
sidewalks.
17. Improvements shall be designed and constructed in accordance with City
adopted standards, supplemental drawings and specifications, or as approved
by the City Engineer. Improvement plans for streets, access gates and
parking areas shall be stamped and signed by engineers registered in
California.
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.
18. 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).
Page 5 of 13
PLANNING COMMISSION RESOLUTION 2018-014
CONDITIONS OF APPROVAL - FINAL
SITE DEVELOPMENT PERMIT 2018-0003
CALIFORNIA DESERT MUSEUM OF ART
ADOPTED: NOVEMBER 13, 2018
Page 6 of 13
19. The following improvement plans shall be prepared and submitted for review
and approval by the Design and Development Department. 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. PM10 Plan 1" = 40' Horizontal
B. Erosion Control Plan 1" = 40' Horizontal
C. Final WQMP (Plan submitted in Report Form)
D. On -Site Precise Grading Plan 1" = 20' Horizontal
NOTE: A through D to be submitted concurrently.
(Separate Storm Drain Plans if applicable)
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" plan is required to be submitted for approval by the
Building Official, Design and Development Director, and the City Engineer.
"On -Site Precise Grading" plans shall normally include all on -site surface
improvements including but not necessarily limited to finish grades for curbs &
gutters, building floor elevations, parking lot improvements and accessibility
requirements.
All On -Site Signing & Striping Plans shall show, at a minimum; Stop Signs,
Limit Lines and Legends, No Parking Signs, Raised Pavement Markers
(including Blue RPMs at fire hydrants) and Street Name Signs per Public Works
Standard Plans and/or as approved by the City Engineer.
20. The City maintains standard plans, detail sheets and/or construction notes for
elements of construction which can be accessed via the Public Works
Development "Plans, Notes and Design Guidance" section of the City website
(www.faguintaca.gov). Please navigate to the Design and Development
Department home page and look for the Standard Drawings hyperlink.
21. The applicant shall furnish a complete set of all approved improvement plans
Page 6of13
PLANNING COMMISSION RESOLUTION 2018-014
CONDITIONS OF APPROVAL - FINAL
SITE DEVELOPMENT PERMIT 2018-0003
CALIFORNIA DESERT MUSEUM OF ART
ADOPTED: NOVEMBER 13, 2018
Page 7 of 13
on a storage media acceptable to the City Engineer.
22. 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" 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 FOR can make site visits in support of
preparing "Record Drawing". However, if subsequent approved revisions have
been approved by the City Engineer and reflect said "Record Drawing"
conditions, the Engineer of Record may submit a letter attesting to said fact to
the City Engineer in lieu of mylar submittal.
GRADING
23. The applicant shall comply with the provisions of LQMC Section 13.24.050
(Grading Improvements).
24. 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.
25. To obtain an approved grading permit, the applicant shall submit and obtain
approval of all of the following:
A. A grading plan prepared by a civil engineer registered in the State of
California,
B. A preliminary geotechnical ("soils") report prepared by an engineer
registered in the State of California,
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).
E. A WQMP prepared by an appropriate professional registered in the State
of California.
F. A grading bond in a form acceptable to the City, and in an amount
sufficient to guarantee compliance with the grading bond requirements.
Page 7 of 13
PLANNING COMMISSION RESOLUTION 2018-014
CONDITIONS OF APPROVAL - FINAL
SITE DEVELOPMENT PERMIT 2018-0003
CALIFORNIA DESERT MUSEUM OF ART
ADOPTED: NOVEMBER 13, 2018
Page 8 of 13
All grading shall conform with the recommendations contained in the
Preliminary Soils Report, and shall be certified as being adequate by soils
engineer, or engineering geologist registered in the State of California.
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.
Additionally, the applicant shall replenish said security if expended by the City
of La Quinta to comply with the Plan as required by the City Engineer.
26. The applicant shall maintain all open graded, undeveloped land in order to
prevent wind and/or water erosion of such land. All open graded,
undeveloped land shall either be planted with interim landscaping, or stabilized
with such other erosion control measures, as were approved in the Fugitive
Dust Control Plan.
27. Grading within the perimeter setback and parkway areas shall have undulating
terrain and shall conform with the requirements of LQMC Section 9.60.240(F)
except as otherwise modified by this condition. The maximum slope shall not
exceed 3:1 anywhere in the landscape setback area, except for the backslope
(i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if
fully planted with ground cover. The maximum slope in the first six (6) feet
adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is
within six feet (6') of the curb, otherwise the maximum slope within the right
of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb
shall be depressed one and one-half inches (1.5") in the first eighteen inches
(18") behind the curb.
28. Building pad elevations on the grading plan submitted for City Engineer's
approval shall conform with pad elevations shown on the Site Development
Permit preliminary plan, unless the pad elevations have other requirements
imposed elsewhere in these Conditions of Approval, or as approved by the City
Engineer.
29. Building pad elevations of perimeter lots shall not differ by more that one foot
higher from the building pads in adjacent developments.
30. Prior to any site grading or regrading that will raise or lower any portion of the
site by more than plus or minus half of a foot (0.5') from the elevations shown
on the approved Site Development Permit, the applicant shall submit the
proposed grading changes to the City Engineer for a substantial conformance
review.
31. Prior to the issuance of a building permit for any building lot, the applicant
Page 8of13
PLANNING COMMISSION RESOLUTION 2018-014
CONDITIONS OF APPROVAL - FINAL
SITE DEVELOPMENT PERMIT 2018-0003
CALIFORNIA DESERT MUSEUM OF ART
ADOPTED: NOVEMBER 13, 2018
Page 9 of 13
shall provide a lot pad certification stamped and signed by a qualified engineer
or surveyor with applicable compaction tests and over excavation
documentation.
Each pad certification shall
grading plan, the actual pad
any. Such pad certification
soil.
DRAINAGE
list the pad elevation as shown on the approved
elevation and the difference between the two, if
shall also list the relative compaction of the pad
32. Stormwater handling shall conform with the approved hydrology and drainage
reports for the California Desert Museum of Art (SDP2018-0003), or as
approved by the City Engineer.
Nuisance water shall be retained onsite and disposed of via an underground
percolation improvement approved by the City Engineer.
33. The applicant shall comply with the provisions of LQMC Section 13.24.120
(Drainage), Retention Basin Design Criteria, 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. More specifically, stormwater falling on site during the
100-year storm shall be retained within the development, unless otherwise
approved by the City Engineer. The design storm shall be either the 1-hour, 3-
hour, 6-hour or 24-hour event producing the greatest total run off.
34. Nuisance water shall be retained on site. 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.
35. In design of retention facilities, the maximum percolation rate shall be two
inches per hour. The percolation rate will be considered to be zero unless the
applicant provides site specific data indicating otherwise and as approved by
the City Engineer.
36. The project shall be designed to accommodate purging and blowoff water
(through underground piping and/or retention facilities) from any on -site or
adjacent well sites granted or dedicated to the local water utility authority as a
requirement for development of this property.
37. No fence or wall shall be constructed around any retention basin unless
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PLANNING COMMISSION RESOLUTION 2018-014
CONDITIONS OF APPROVAL - FINAL
SITE DEVELOPMENT PERMIT 2018-0003
CALIFORNIA DESERT MUSEUM OF ART
ADOPTED: NOVEMBER 13, 2018
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approved by the Planning Director and the City Engineer.
38. For on -site above ground common retention basins, retention depth shall be
according to Engineering Bulletin No. 06-16 - Hydrology Report with
Preliminary Hydraulic Report Criteria for Storm Drain Systems. Side slopes
shall not exceed 3:1 and shall be planted with maintenance free ground cover.
Additionally, retention basin widths shall be not less than 20 feet at the
bottom of the basin.
39. Stormwater may not be retained in landscaped parkways or landscaped
setback lots. Only incidental storm water (precipitation which directly falls onto
the setback) will be permitted to be retained in the landscape setback areas.
The perimeter setback and parkway areas in the street right-of-way shall be
shaped with berms and mounds, pursuant to LQMC Section 9.100.040(B)(7).
40. The design of the development shall not cause any increase in flood
boundaries and levels in any area outside the development.
41. The development shall be graded to permit storm flow in excess of retention
capacity to flow out of the development through a designated overflow and
into the historic drainage relief route.
42. Storm drainage historically received from adjoining property shall be received
and retained or passed through into the historic downstream drainage relief
route.
43. The applicant shall comply with applicable provisions for post construction
runoff per the City's NPDES stormwater discharge permit, LQMC Sections
8.70.010 et seq. (Stormwater Management and Discharge Controls), and
13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and
the California Regional Water Quality Control Board - Colorado River Basin
(CRWQCB-CRB) Region Board Order No. R7-2013-0011.
A. For post -construction urban runoff from New Development and
Redevelopments Projects, the applicant shall implement requirements of
the NPDES permit for the design, construction and perpetual operation
and maintenance of BMPs per the approved Water Quality Management
Plan (WQMP) for the project as required by the California Regional
Water Quality Control Board - Colorado River Basin (CRWQCB-CRB)
Region Board Order No. R7-2013-0011.
B. The applicant shall implement the WQMP Design Standards per
(CRWQCB-CRB) Region Board Order No. R7-2013-0011 utilizing BMPs
approved by the City Engineer. A project specific WQMP shall be
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PLANNING COMMISSION RESOLUTION 2018-014
CONDITIONS OF APPROVAL - FINAL
SITE DEVELOPMENT PERMIT 2018-0003
CALIFORNIA DESERT MUSEUM OF ART
ADOPTED: NOVEMBER 13, 2018
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provided which incorporates Site Design and Treatment BMPs utilizing
first flush infiltration as a preferred method of NPDES Permit Compliance
for Whitewater River receiving water, as applicable.
C. The developer shall execute and record a Stormwater Management/BMP
Facilities Agreement that provides for the perpetual maintenance and
operation of all post -construction stormwater BMPs.
UTILITIES
44. The applicant shall comply with the provisions of LQMC Section 13.24.110
(Utilities).
45. The applicant shall obtain the approval of the City Engineer for the location of
all utility lines within any right-of-way, and all above -ground utility structures
including, but not limited to, traffic signal cabinets, electric vaults, water
valves, and telephone stands, to ensure optimum placement for practical and
aesthetic purposes.
46. Underground utilities shall be installed prior to overlying hardscape. For
installation of utilities in existing improved streets, the applicant shall comply
with trench restoration requirements maintained, or required by the City
Engineer.
The applicant shall provide certified reports of all utility trench compaction for
approval by the City Engineer. Additionally, grease traps and the maintenance
thereof shall be located as to not conflict with access aisles/entrances.
CONSTRUCTION
47. The City will conduct final inspections of habitable buildings only when the
buildings have improved street and (if required) sidewalk access to publicly -
maintained streets. The improvements shall include required traffic control
devices, pavement markings and street name signs.
LANDSCAPE AND IRRIGATION
48. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping
Setbacks) & 13.24.140 (Landscaping Plans).
49. Landscape and irrigation plans for landscaped lots and setbacks, medians,
retention basins, and parks shall be signed and stamped by a licensed
landscape architect.
50. All new and modified landscape areas shall have landscaping and permanent
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PLANNING COMMISSION RESOLUTION 2018-014
CONDITIONS OF APPROVAL - FINAL
SITE DEVELOPMENT PERMIT 2018-0003
CALIFORNIA DESERT MUSEUM OF ART
ADOPTED: NOVEMBER 13, 2018
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irrigation improvements in compliance with the City's Water Efficient
Landscape regulations contained in LQMC Section 8.13 (Water Efficient
Landscape).
51. Lighting plans shall be submitted with the final landscaping plans for a
recommendation to the Design and Development Director for his approval.
Exterior lighting shall be consistent with LQMC Section 9.100.150 (Outdoor
Lighting). All freestanding lighting shall not exceed 18 feet in height, and shall
be fitted with a visor if deemed necessary by staff to minimize trespass of light
off the property. The illuminated carports shall be included in the photometric
study as part of the final lighting plan submittal.
52. All water features shall be designed to minimize "splash", and use high
efficiency pumps and lighting to the satisfaction of the Design and
Development Director. They shall be included in the landscape plan water
efficiency calculations per Municipal Code Chapter 8.13.
53. All rooftop mechanical equipment shall be completely screened from view.
Utility transformers or other ground mounted mechanical equipment shall be
fully screened with a screening wall or landscaping and painted to match the
adjacent buildings.
54. The applicant shall submit the final landscape plans for review, processing and
approval to the Design and Development Department, in accordance with the
Final Landscape Plan application process. Design and Development Director
approval of the final landscape plans is required prior to issuance of the first
building permit unless the Design and Development Director determines
extenuating circumstances exist which justifies an alternative processing
schedule.
NOTE: Plans are not approved for construction until signed by the appropriate
City official, including the Design and Development Director and/or City
Engineer.
55. The applicant or his agent has the responsibility for proper sight distance
requirements per guidelines in the AASHTO "A Policy on Geometric Design of
Highways and Streets, 5th Edition" or latest, in the design and/or installation
of all landscaping and appurtenances abutting and within the private and
public street right-of-way.
56. The final design of the perimeter landscaping, particularly the perimeter wall,
shall be included with the Final Landscape Plan submittal.
PUBLIC SERVICES
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CONDITIONS OF APPROVAL - FINAL
SITE DEVELOPMENT PERMIT 2018-0003
CALIFORNIA DESERT MUSEUM OF ART
ADOPTED: NOVEMBER 13, 2018
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57. The applicant shall provide public transit improvements if required by SunLine
Transit Agency and approved by the City Engineer.
MAINTENANCE
58. The applicant shall comply with the provisions of LQMC Section 13.24.160
(Maintenance).
59. The applicant shall make provisions for the continuous and perpetual
maintenance of all private on -site improvements, perimeter landscaping up to
the curb, access drives, sidewalks, and stormwater BMPs.
FEES AND DEPOSITS
60. The applicant shall comply with the provisions of LQMC Section 13.24.180
(Fees and Deposits). These fees include all deposits and fees required by the
City for plan checking and construction inspection. Deposits and fee amounts
shall be those in effect when the applicant makes application for plan check
and permits.
61. Permits issued under this approval shall be subject to the provisions of the
Development Impact Fee and Transportation Uniform Mitigation Fee programs
in effect at the time of issuance of building permit(s).
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PLANNING COMMISSION RESOLUTION 2018-014
CONDITIONS OF APPROVAL - ADOPTED
SIGN PROGRAM AMENDMENT 2018-0001
CALIFORNIA DESERT MUSEUM OF ART SIGN PROGRAM
ADOPTED: NOVEMBER 13, 2018
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GENERAL
1. The applicant agrees to defend, indemnify and hold harmless the City of La
Quinta ("City"), its agents, officers and employees from any claim, action
or proceeding to attack, set aside, void, or annul the approval of this Sign
Program Amendment. The City shall have sole discretion in selecting its
defense counsel. The City shall promptly notify the applicant of any claim,
action or proceeding and shall cooperate fully in the defense.
2. Any changes to the sign program, including sign size, sign placement
and/or sign design, will require a sign program amendment application to
be filed with the Design and Development Department.
3. The applicant shall receive sign permit approval from the Planning and
Building divisions prior to installation of any sign(s).
4. This permit grants approval of installation of temporary banners that will
rotate based on programming, per the specifications shown in the program.
The Design and Development Department reserves the right to request
modifications of these banners, including change of time periods, materials,
and display.
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PLANNING COMMISSION RESOLUTION 2018-014
CONDITIONS OF APPROVAL - ADOPTED
CONDITIONAL USE PERMIT 2018-0004
CAIFORNIA DESERT MUSEUM OF ART
ADOPTED: NOVEMBER 13, 2018
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GENERAL
1. The applicant agrees to indemnify, defend and hold harmless the City
of La Quinta, 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 of La Quinta shall have the
right to select its defense counsel at its sole discretion.
The City of La Quinta shall promptly notify the applicant of any claim,
action, or proceeding and shall cooperate fully in the defense.
2. The applicant shall comply with all applicable provisions of the La
Quinta Municipal Code (LQMC), including LQMC Chapter 9.210.020.
3. Any expansion of this use or substantial modifications shall require an
amendment of this conditional use permit. Minor modifications to this
Conditional Use Permit shall be considered by the Design and
Development Director in accordance with LQMC 9.200.090, and may
require notification of surrounding property owners prior to such
approval. All other amendments shall be processed in accordance with
LQMC 9.200.100.
4. The City of La Quinta reserves the right to review and monitor the
operation of this facility and modify conditions of approval regarding
hours of operation, occupancy, and other operational conditions.
5. Finalized shared parking agreement between California Desert Museum
of Art and Caleo Bay Alzheimer's Special Care Facility shall remain in
effect as long as this Conditional Use Permit is in effect. Any
expansion, increase of intensity, or substantial modifications of this
use shall require review of parking agreement by the Design and
Development Director to determine if modification of agreement is
required.
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