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CC Resolution 1995-003^ G RESOLUTION 95-03 A RESOLUTION OF THE c]TY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ANNOUNCING FINDINGS AND APPROVING A ONE YEAR TIME EXTENSION FOR A PREVIOUSLY APPROVED CONDITIONAL USE PERMIT WHICH ALLOWED CONSTRUCTION OF A SECOND STORY ADDITION AND ENLARGEMENT OF THE EXISTING ONE STORY BUILDING. CONDITIONAL USE PERMIT 93-008 FIRST TIME E*IENSION) I-A QUINTA MEAT MARKET MR. AUGUSTIN MARTINEZ WHEREAS, the Planning Commission*on of the City of La Quinta, California, did on the 26th day of October, 1q93, and the 9th day of November, 1993, hold duly noticed Public Hearings to consider the request of the La Quinta Meat Market for approval of a Conditional Use Permit to allow construction of a second story addition and enlargement of the existing one story building in the C-V-N Zone located at the northeast corner of Avenida Bermudas and Calle Tampico; WHEREAS, the City Council of the City of La Quinta, California, did on the 16th day of November, 1993, accept the Report of Action by the Planning Commission concerning the applicant's request to establish a meat market and remodel the existing building at 78-100 Calle Tampico; WHEREAS, the City Council of the City of La Quinta, California, did on the 17th day of January, 1995, hold a duly noticed Public Hearing on a request by Mr. Martinez La Quinta Meat Market) for a one year extension of time for Conditional Use Permit 93-008, more particularly described as: A PO*ON OF THE SOUTH HALF OF SECTION 30, T5S, R7E, S.B.B.M. APN: 769-030-012) WHEREAS, said Conditional Use Permit is categorically exempt per Section 15303(c) of the California Environmental Quality act because the change of use of the property and enlargement of the existing building will not exceed an occupant load of 30 persons; and, WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to justi* approval of said one year time extension. RESOPQ107 BIB] 08-19-1998-U01 08:09:04AM-U01 ADMIN-U01 CCRES-U02 95-U02 03-U02 ^ G IL C I II * C II I RESOLUTION 95-03 1. The proposed use will not be detrimental to the health, safety, or general welfare of the community. 2. The Conditional Use Permit First Time Extension), as conditioned is consistent with the zoning requirements and intent of the C-V-N Zone and Downtown Village Specific Plan. NOW, THEREFORE, BE ri' RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Council in this case. 2. That it does hereby approve Conditional Use permit 93-008 First Time extension) for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 17th day of January, 1995, by the following vote to wit: AYES: Council Men**ers Banqerter, Perkins, Sniff NOES: None ABSENT: Mayor Pena One Vacancy) ABSTAIN: None City of la Quinta, California A AUNDRA JUHO City Clerk City of La Quinta, California APPROVED AS TO FORM: * City Attorney City of La Quinta, California RESOP*107 BIB] 08-19-1998-U01 08:09:04AM-U01 ADMIN-U01 CCRES-U02 95-U02 03-U02 ^ G L *.I II I CITY COUNCIL RESOLUTION 95-03 EXHIBIT* A" CONDITIONS OF APPROVAL FINAL CONDITIONAL USE PER** 93-008 FIRST TIME E)**NSION) LA QUINTA MEAT MARKET JANUARY 17, 1995 * Added by the City Council on January 17, 1995 GENERAL 1. The development shall comply with the approved exhibits and the following conditions, which shall take precedence in the event of any conflicts. 2. The approved conditional use permit shall be used within one year of the approval date; otherwise, it shall become null and void and no effect whatsoever. Be used" means the begriming of substantial construction which is contemplated by this approval, not including grading, which is begun within the one-year period and is therefore diligently pursued to completion. Extensions of time may be requested prior to expiration pursuant to Municipal Code requirements if the extension request is made one month prior to the expiration date. The expiration date shall be November 9, 1995. 4 3. Outside lighting shall be shielded and directed so as not to shine direcfly upon surrounding adjoining property or public rights-of-way. Lighting plans including light pole heights 10 feet) and light types shall be reviewed and approved by the Community Development Director prior to issuance of a building permit. Lighting shall comply with the Outdoor Lighting Control Ordinance. 4. Adequate solid waste and recycling facilities shall be constructed as approved by the Community Development Department prior to issuance of a building permit. Plans are to be reviewed for acceptability by applicable waste hauler Waste Management of the Desert) prior to City approval. 5. Prior to the issuance of a building permit for construction of any building or use contemplated by this approval, the Applicant shall obtain permits and/or clearances from the following public agencies: o City Fire Marshal o City of La Quinta Public Works Department grading permit and improvement permit) o Community Development Department & Building & Safety Department o Coachella Valley Water District o Desert Sands Unified School District o Imperial Irrigation District o Riverside County Health Department 17 1 BIB] 08-19-1998-U01 08:09:04AM-U01 ADMIN-U01 CCRES-U02 95-U02 03-U02 ^ G L *. I, II I Condition. Qf Approval Conditional U80 Permit 93-008 January 17, 1995 The applicant is responsible for any requirements of the permits or clearances ftom these jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prio? to obtaining City approval and signatures on the plans. Evidence of said permits or clearances from the above-mentioned agencies shall be presented to the Building Division at the time of the application for a building permit for the use contemplated herewith. 6. Provisions shall be made to comply with the terms and requirements of the City's adopted Infrastructure Fee program in effect at the time of issuance of a building permit. 7. Prior to issuance of any building permits, the applicant shall submit to the Community Development Department for review and approval, a preliminary plan or plans) showing the following: a. landscaping, including plan types, sizes, spacing, locations, and irrigation system for all landscape areas. Desert or native plant species, drought resistant planting materials, and drip emitter irrigators shall be incorporated into the landscape plan. b. Location and design detail of any proposed and/or required walls. Preparation of the detailed landscape and irrigation plans shall be in substantial conformance with the approved conceptual landscape plan on file with the Community Development Department. The fmal plans submitted shall include the acceptance stamps/signatures from the Riverside County Agricultural Commissioner's Office and Coachella Valley Water District CVWD). 8. Handicap access, facilities and parking shall be provided per Federal, State and local requirements. 9. All construction and graded areas shall be watered at least twice daily during construction to prevent the emission of dust and blowsand. 10. Construction shall comply with all local and State building code requirements as determined by the Building and Safety Director. IMPROVEMENT AGREEMENT 11. At the time of issuance of an encroachment permit for the work contemplated hereunder, the applicant shall pay cash or provide security in guarantee of public improvements. 2 BIB] 08-19-1998-U01 08:09:04AM-U01 ADMIN-U01 CCRES-U02 95-U02 03-U02 ^ GConditiona of Approval Conditional Uae Permit 93-008 January 17, 1995 A. Current improvements: Construction of sidewalks along the street frontage of the development and construction/reconstruction of drive entries secure m the amount of approved estimates for this work. B. Deferred Improvements: 2.24% of the cost to design and construct a traffic signal at Avenida Bermudas and Calle Tampico. This improvement will be constructed by others at a future date. Security shall remaln in place until the improvement is constructed and the Applicant's share has been paid. DEDIC*ONS 12. The applicant shall dedicate public street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and as required by the City Engineer. Dedications required of this development include: A. Corner cutback at the intersection of Tampico and Bermudas Street right of way geometry for cul*e-sacs, knuckle turns and corner cut-backs shall conform with Riverside County Standard Drawings #800, #801, and #805 respectively, unless otherwise approved by the City Engineer. GRADING 13. Prior to occupation of the project site for construction purposes, the Applicant shall submit and receive approval of a fugitive dust control plan prepared in accordance with Chapter 6.10, la Quinta Municipal Code. In accordance with said Chapter, the Applicant shall furnish security, in a form acceptable to the city, in an amount sufficient to guarantee compliance with the provisions of the permit. DRAINAGE 14. Nuisance water produced by this development shall be retained on-site. In design of retention facilities, the percolation rate shall be considered to be zero unless the applicant provides site-specific data that indicates otherwise. A trickling sand ifiter and leachfield of a design approved by the City Engineer shall be installed to percolate nuisance water. The sand filter and leach field shall be sized to percolate 22 gallons per day per 1,000 square feet of drainage area. CONAPRVL.117 BIB] 08-19-1998-U01 08:09:04AM-U01 ADMIN-U01 CCRES-U02 95-U02 03-U02 ^ G L I II I Conditions of Approval Conditional Use Permit 93-008 January 17, 1995 15. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development into the adjacent streets. The development shall be graded to receive storm flow from adjoining property at lOcatioflS that have historically received flow. STREET AND TRAFFIC IMPROVEMENTS 16. Improvement plans for all on- and off-site driveways and parking lots shall be prepared by a registered civil engineer. Improvements shall be designed and constructed in accordance with the la Quinta Municipal Code, adopted Standard Drawings, and as approved by the City Engineer. Pavement sections shall be based on a Caltrans design procedure and shall consider soil strength and anticipated traffic loading. The minimum pavement section for entry drives and parking areas shall be 3.O'* a.c.14.50" a.b. 17. The following improvements shall be constructed: A. OFF-SITE STREETS 1. Sidewalk along both street frontages of the property. Sidewalk construction shall include a wheelchair ramp at the corner of Calle Tampico and Avenida Bermudas including necessary removal and replacement of curbing. B. ON-SITE IMPROVEMENTS 1. The one-way entry drive along the north side of the building shall be a minimum of 18' wide. The inside turn radius at the northeast corner of the building shall be a minimum of 15'. 2. This development shall reconstruct the driveway opening as necessary on Calle Tampico to match the parking lot configuration of this development and the Circle K development east of this property. 18. Access points and turning movements of traffic shall be restricted as follows: A. Avenida Bermudas within 100' to 124' north of south property line. B. Calle Tampico within 42' to 66' east of east property line. CONAPRVL.1I? 4 BIB] 08-19-1998-U01 08:09:04AM-U01 ADMIN-U01 CCRES-U02 95-U02 03-U02 ^ G L *., II I Conditions of Approval Conditional Use Permit 93-008 January 17, 1995 FEES AND DEPOSITS 19. The applicant shall pay all deposits and fees required by the City for plan checking and construction inspection. Deposit and fee amounts shall be those in effect when the applicant makes application for the plan checks and permits. MISCELLANEOUS 20. Plans for on-site and off-site grading, drainage, sidewalks, parking lots and entries, and lighting shall be submitted to the Engineering Department for plan checking and are not approved for construction until signed by the City Engineer. DESIGN REOUIREMENTS 21. Incandescent uplighting shall be used for the parkway landscaping. The fixtures shall meet the provisions of the City's Outdoor Lighting Ordinance. The lighting should include glare control features which will help direct the light to the trunk of the tree. The lights should be located either on the ground or eight feet off the ground mounted to the trunk of the tree. F. 22. The trash enclosure dimensions shall be a minimum size of 8-feet by 15-feet and include a separate pedestrian access. Landscaping should be used around the refuse area. 23. The sidewalk on Calle Tampico shall be either six to eight feet wide to allow both pedestrian and bikeway traffic on this primary arterial street. The sidewalk on Avenida Bermudas shall be six feet wide. The requirements of the Engineering Department shall be met. 24. The final sign program and landscape plan shall be reviewed by the Planning Commission prior to issuance of a building permit. 25. A street tree program shall be incorporated into the project for both street frontages. The trees shall be spaced at 2*feet intervals. The program shall consist of palms or canopy trees e.g., Jacaranda, Willow, Olive or other type of tree which is either colorful or feathery in texture). 26. All landscaping areas shall be irrigated by drip irrigation methods where possible and all nuisance water shall be retained on-site within the landscape areas or by other approved methods e.g., drywell). BIB] 08-19-1998-U01 08:09:04AM-U01 ADMIN-U01 CCRES-U02 95-U02 03-U02 ^ G L 1* I II I Conditions of Approval Conditional Use Permit 93-008 January 17, 1995 27. The decorative concrete paving used to accent the driveway entry on Calle Tampico shall be textured Concrete and Colored to add attention to this area. 28. All exposed wood beams shall be made of rough sawn lumber with decorative exposed rafter trails. The beams should not be painted or stuccoed. 29. The architectural materials and colors of the building shall be architecturally Compatible i.e., identical architecture, Colors, and/or materials) with the Village Specific Plan Design Goals. Cement plaster texture used on building shall be of a decorative nature and approved by the Community Development Department prior to issuance of a building permit. 30. One on-site handicap space shall be required A.D.A. standards 8-foot ramp plus 8-foot wide parking space). 31. The windows and doors on the first floor level shall be single, small-pane division openings e.g*, French doors, casement opening windows). The windows and doors shall be recessed into the building not less than six inches. A stuccoed plant-on detail should be added around these facilities to add character to the proposal. The frames shall be wood, but metal will be allowed if it is painted a dark color. 32. All roof mounted mechanical equipment shall be screened by the decorative stucco parapet per Municipal Code requirements. 33. Recessed lighting shall be used along the covered pedestrian walkway for security and safety reasons. 34. Low profile decorative lighting shall be used on the east side of the building in the parking lot for patron safety if the facility is to be open during evening hours. Fixtures shall be approved by the Community Development Department prior to issuance of a building perinit. 35. The underside of the pedestrian arcade shall be wood planking or exterior plaster. 36. No portion of the building e.g., building eaves, etc) shall encroach into the City's right- of-way. 37. The pedestrian walkway on-site) adjacent to the west side of the building shall be eliminated in order to increase the landscaping area along Avenida Bermudas. 6 BIB] 08-19-1998-U01 08:09:04AM-U01 ADMIN-U01 CCRES-U02 95-U02 03-U02 ^ G Conditions of Approval Conditional Uue Permit 93-008 January 17, 1995 38. Fifty percent 50%) of the parking area shall be shaded by tree cover. Triangular planter areas shall be incorporated at the end of each of the on-site parking spaces to allow trees to be planted in the parking lot area. 39. Raised six inch concrete curbing shall be used to construct the parking lot planter on the east property line. Concrete wheel-stops shall be used. *40. Property must be cleaned-up within 30 days; upon approved inspection the automatic extension shall be extended for eleven additional months. *41. The applicant is required to maintain the property henceforth in an acceptable manner to the City of La Quinta; failure to maintain the property will allow the City to revoke the permit once it is brought back to the City Council. F F CONAPRVLII7 7 BIB] 08-19-1998-U01 08:09:04AM-U01 ADMIN-U01 CCRES-U02 95-U02 03-U02