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2002 06 04 CCIV. TWY4 XP Q" City Council Agendas are available on the City's web page @www.la-quinta.org City Council Agenda CITY COUNCIL CHAMBER 78-495 Calle Tampico - La Quinta, California 92253 Regular Meeting Tuesday, June 4. 2002 - 2:00 p.m. CALL TO ORDER Beginning Res. No. 2002-77 Ord. No. 371 ROLL CALL: Council Members: Adolph, Henderson, Perkins, Sniff, Mayor Pena PUBLIC COMMENT At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. Please watch the timing device on the podium. CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION (ONE MATTER) — GOVERNMENT CODE SECTION 54956.9(c) NOTE: Time permitting, the City Council may conduct Closed Session discussions during the dinner recess. Additionally, persons identified as negotiating parties, do not attend the closed session when the City is considering acquisition of real property. PLEDGE OF ALLEGIANCE RECONVENE 3:00 P.M. City Council Agenda Page 1 June 4, 2002 V. PUBLIC COMMENT At this time, members of the public may address the City Council on items that appear within the Consent Calendar or matters that are not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. When you are called to speak, please come forward and state your name for the record. Please watch the timing device on the podium. For all Business Session matters or Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to the start of City Council consideration of that item. The Mayor will invite individuals who have requested the opportunity to speak to come forward at the appropriate time. VI. CONFIRMATION OF AGENDA VII. PRESENTATIONS - None Vill. WRITTEN CORRESPONDENCE 1 . LETTER FROM DONNA WOOD REGARDING SOUND ATTENUATION - LAGUNA DE LA PAZ. IX. APPROVAL OF MINUTES 1 . MINUTES OF THE SPECIAL MEETING OF MAY 15, 2002. 2. MINUTES OF THE REGULAR MEETING OF MAY 21, 2002. X. CONSENT CALENDAR Note: Consent Calendar items are considered to be routine in nature and will be approved by one motion unless requested for separate consideration by a member of the City Council or the public. 1. APPROVAL OF DEMAND REGISTER DATED JUNE 4, 2002. 2. APPROVAL AND RATIFICATION OF THE CITY'S PARTICIPATION IN A DENTAL PLAN (SAFEGUARD) AS OF JULY 1, 2002. 3. ADOPTION OF A RESOLUTION ASSIGNING RETAIL VALUE OF CERTAIN CITY ECONOMIC DEVELOPMENT ITEMS. 4. APPROVAL OF A ONE-YEAR CONTRACT EXTENSION FOR PROJECT LMC 099-01, LANDSCAPE LIGHTING MAINTENANCE FOR FISCAL YEAR 2002/2003. 5. APPROVAL OF A ONE-YEAR MAINTENANCE SERVICE AGREEMENT EXTENSION FOR STREET SWEEPING SERVICES FOR FISCAL YEAR 2002/2003. 6. APPROVAL OF A ONE-YEAR CONTRACT EXTENSION FOR THE CITYWIDE LANDSCAPE MAINTENANCE CONTRACT FOR FISCAL YEAR 2002/2003. City Council Agenda Page 2 June 4, 2002 7. APPROVAL OF A RESTATED AND AMENDED EMPLOYMENT AGREEMENT BETWEEN THE CITY OF LA QUINTA AND THE CITY MANAGER. 8. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THREE MEMBERS OF THE CITY COUNCIL AND THE CITY MANAGER TO ATTEND THE LEAGUE OF CALIFORNIA CITIES EXECUTIVE FORUM IN MONTEREY, CALIFORNIA TO BE HELD JULY 24, 25, AND 26, 2002. 9. APPROVAL OF A REQUEST BY THE UNITED STATES CONGRESS COMMITTEE ON RESOURCES TO UTILIZE THE COUNCIL CHAMBERS ON JUNE 14 AND JUNE 15, 2002, FROM 10:00 A.M. TO 12:00 P.M. FOR A SUB -COMMITTEE ON WATER AND POWER LEGISLATIVE FIELD HEARING ON "THE IMPLEMENTATION OF THE CALIFORNIA PLAN FOR THE COLORADO RIVER - OPPORTUNITIES AND CHALLENGE." XI BUSINESS SESSION 1. CONSIDERATION OF PROPOSALS FOR MARKETING SERVICES FOR FISCAL YEAR 2002/2003. A. MINUTE ORDER ACTION 2. CONSIDERATION OF A JOINT USE AGREEMENT WITH THE BOYS AND GIRLS CLUB OF THE COACHELLA VALLEY. A. MINUTE ORDER ACTION 3. CONSIDERATION OF FACILITY USE REQUEST BY THE JPL BIBLE CHURCH. A. MINUTE ORDER ACTION 4. CONSIDERATION OF A REQUEST TO EXTEND THE TIME FOR COMPLETION OF IMPROVEMENTS FOR PARCEL MAP 29052, LUNDIN DEVELOPMENT. A. MINUTE ORDER ACTION XII. STUDY SESSION 1 . DISCUSSION REGARDING THE LA QUINTA LIBRARY CONCEPTS. XIII. REPORTS AND INFORMATIONAL ITEMS 1. CVAG COMMITTEE REPORTS 2. CHAMBER OF COMMERCE WORKSHOP/INFORMATION COMMITTEE (SNIFF) 3. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (PERKINS) 4. C.V. MOUNTAINS CONSERVANCY (SNIFF) 5. DESERT RESORTS REGIONAL AIRPORT AUTHORITY (HENDERSON) 6. DESERT SANDS UNIFIED SCHOOL DISTRICT AD HOC COMMITTEE (HENDERSON/ADOLPH) 7. LEAGUE OF CALIFORNIA CITIES COMMITTEE (HENDERSON) 8. MUSEUM EXPANSION COMMITTEE (ADOLPH/SNIFF) City Council Agenda Page 3 June 4, 2002 XIII. REPORTS AND INFORMATIONAL ITEMS (Continued) 9. PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS AUTHORITY (HENDERSON) 10. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION 11. RIVERSIDE COUNTY FREE LIBRARY SYSTEM ADVISORY COMMITTEE 12. RIVERSIDE COUNTY DESERT LIBRARY ZONE ADVISORY BOARD (HENDERSON) 13. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (PENA) 14. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (PENA) XIV. DEPARTMENT REPORTS 1. CITY MANAGER A. REPORT ON SPECIAL CITY COUNCIL MEETING TO CONSIDER THE FISCAL YEAR 2002/2003 PRELIMINARY BUDGET FOR THE CITY OF LA QUINTA. 2. CITY ATTORNEY 3. CITY CLERK A. REPORT ON UPCOMING EVENTS B. CITY COUNCIL SUMMER MEETING SCHEDULE 4. BUILDING AND SAFETY DIRECTOR MONTHLY REPORT 5. COMMUNITY DEVELOPMENT DIRECTOR MONTHLY REPORT 6. COMMUNITY SERVICES DIRECTOR MONTHLY REPORT 7. FINANCE DIRECTOR 8. PUBLIC WORKS DIRECTOR/CITY ENGINEER MONTHLY REPORT 9. POLICE CHIEF MONTHLY REPORT 10. FIRE CHIEF XV. MAYOR AND COUNCIL MEMBERS' ITEMS DISCUSSION REGARDING JULY 4T" HOLIDAY (COUNCIL MEMBER SNIFF) RECESS TO REDEVELOPMENT AGENCY MEETING RECONVENE AT 7:00 P.M. XVI. PUBLIC COMMENT This is the time set aside for public comment on any matter not listed on the agenda. Please complete a "request to speak form" and limit your comments to three (3) minutes. Please watch the timing device on the podium. XVII. PRESENTATIONS XVIII. PUBLIC HEARINGS For all Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to the start of City Council consideration of that item. The Mayor will invite individuals who have requested the opportunity to speak, to come forward at the appropriate time. Any person may submit written comments to the La Quinta City Council/ Redevelopment Agency before a public hearing or may appear and be heard in support City Council Agenda Page 4 June 4, 2002 of, or in opposition to, the approval of the project(s) at the time of the hearing. If you challenge any project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to the public hearing. PUBLIC MEETING ON LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 89-1, FISCAL YEAR 2002-2003. A. MINUTE ORDER ACTION 2. CONTINUED PUBLIC HEARING TO 1.) CERTIFY A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL IMPACT; 2.) ZONE CHANGE 2002-084, A REQUEST TO CHANGE 10.76 ACRES OF LOW DENSITY RESIDENTIAL ZONING TO HIGH DENSITY RESIDENTIAL ZONING; AND 3.) SITE DEVELOPMENT PERMIT 2002-730, A REQUEST TO ALLOW DEVELOPMENT PLANS FOR A 149 UNIT APARTMENT COMPLEX AND ANCILLARY FACILITIES LOCATED ON THE SOUTH SIDE OF AVENUE 52, EAST OF JEFFERSON STREET. APPLICANT: CLUBHOUSE ASSOCIATES, LLC. A. RESOLUTION ACTION (S) B. MOTION TO READ ORDINANCE BY NUMBER AND TITLE ONLY AND WAIVE FURTHER READING. C. MOTION TO INTRODUCE ORDINANCE ON FIRST READING. 3. PUBLIC HEARING ON AN APPEAL OF THE PLANNING COMMISSION'S DECISION ON APRIL 23, 2002, WHICH CERTIFIED A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2002-445, AND APPROVED CONDITIONAL USE PERMIT NO. 2002-068 AND SITE DEVELOPMENT PERMIT 2002-733 TO ALLOW A ONE- TO THREE-STORY, 120 ROOM HOTEL ON A 3.89 ACRE SITE LOCATED ON THE EAST SIDE OF WASHINGTON STREET, NORTH OF AVENUE 48. APPELLANT: LAKE LA QUINTA HOMEOWNERS' ASSOCIATION. A. RESOLUTION ACTION 4. PUBLIC HEARING ON ENVIRONMENTAL ASSESSMENT 2002-450 AND SPECIFIC PLAN 2002-058, A REQUEST FOR CERTIFICATION OF A MITIGATED NEGATIVE DECLARATION AND APPROVAL OF DEVELOPMENT PRINCIPALS AND DESIGN GUIDELINES FOR A COMMERCIAL COMPLEX CONSISTING OF NINE BUILDING ON 6 t ACRES, LOCATED ON THE SOUTH SIDE OF CALLE TAMPICO, GENERALLY BETWEEN AVENIDA BERMUDAS AND DESERT CLUB DRIVE. APPLICANT: MARVIN INVESTMENTS A. RESOLUTION ACTION 5. PUBLIC HEARING TO APPROVE AN AMENDMENT TO SPECIFIC PLAN 99-036, A REQUEST TO CHANGE DEVELOPMENT STANDARDS FOR A PARTIALLY COMPLETED COMMERCIAL/ LIGHT INDUSTRIAL CENTER ON 36 t ACRES LOCATED ON THE NORTH SIDE OF HIGHWAY 111 BETWEEN ADAMS STREET AND DUNE PALMS ROAD. APPLICANTS: SKY WEST CORPORATE CENTER GROUP, LLC AND CITY OF LA QUINTA. A. RESOLUTION ACTION 005 City Council Agenda Page 5 June 4, 2002 XIX. ADJOURNMENT Adjourn to a Special Joint City Council/Planning Commission Meeting to be held at 7:00 p.m. on Wednesday, June 5, 2002 and to the regularly scheduled City Council Meeting, commencing with closed session at 2:00 p.m. and open session at 3:00 p.m., Tuesday, June 18, 2002, in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING I, June S. Greek, City Clerk of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta City Council meeting of Tuesday, June 4, 2002, was posted on the outside entry to the Council Chamber, 78-495 Calle Tampico and on the bulletin board at the La Quinta Chamber of Commerce and at Stater Bros. 78-630 Highway 1 1 1, on Friday, May 31, 2002. DATED: May 31, 2002 JU . GREEK, CIVIC City Clerk, City of La Quinta, California PUBLIC NOTICES The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777-7025, twenty-four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the City Council, arrangements should be made in advance by contacting the City Clerk's Office at 777- 7025. A one (1) week notice is required. If background material is to be presented to the City Council during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the 3:00 p.m session or the 7:00 p.m session. 006 City Council Agenda Page 6 June 4, 2002 uNV 9 A W� WRITTEN CORRESPONDENCE ITEM: May 22, 2002 Thomas P. Genovese City Manager City Hall La Quinta, CA 92253 Dear Mr. Genovese: As the city of La Quinta has grown, the traffic on Washington and Eisenhower has increased significantly. The noise created by additional vehicle usage has reached unbearable portions for those of us whose homes border on these two main arteries. The enclosed petition seeks assistance and any relief the City of La Quinta can offer to alleviate this problem. It is our understanding the city is considering the erecting of a sound barrier and closer monitoring of the traffic in this area, clearly those would be positive steps. Please consider this letter and petition a formal request to address this issue as quickly as possible. Sincerely, Donna Wood 48-131 Calle Seranas La Quinta, CA 92253 760-564-5063 cc: City Council Mayor Pena City Clerk Kindly Note After 6/1/02: 3253 Montreal Street Bismarck, ND 58503 701-221-2481 007 LAGUNA DE LA PAZ HOMEOWNERS' PETITION FOR SOUND BARRIER Whereas the CC&Rs in Article 5 empowers the Architectural Committee to approve any necessary improvements or modifications to the common property to preserve the architectural integrity and harmony of the property and Whereas the Bylaws in Article 3 Section 3.8, Powers and Duties, defines the elected Board of Directors as the entity empowered to promulgated Rules and Regulations for Laguna de la Paz HOA including the architectural integrity and harmony of the property. Therefore, we the undersigned homeowners of Laguna de la Paz request approval and support of the Laguna de la Paz HOA Board of Directors to amend or eliminate the wording that prohibits perimeter walls of the complex, specifically on Washington and Eisenhower Streets, from exceeding 4 feet in height. And further, the undersigned also request the City of La Quinta to erect a sound wall or, in the event they elect not to erect said wall, to pay for the construction cost of raising the current wall to a height of 8 feet. Name; j Address Date Cl �' 12 (f c�.� ' c fit -% 5., /-- - o 1Z, �7 002 LAGUNA DE LA PAZ HOMEOWNERS' PETITION FOR SOUND BARRIER Whereas the CC&Rs in Article 5 empowers the Architectural Committee to approve any necessary improvements or modifications to the common property to preserve the architectural integrity and harmony of the property and Whereas the Bylaws in Article 3 Section 3.8, Powers and Duties, defines the elected Board of Directors as the entity empowered to promulgated Rules and Regulations for Laguna de la Paz HOA including the architectural integrity and harmony of the property. Therefore, we the undersigned homeowners of Laguna de la Paz request approval and support of the Laguna de la Paz HOA Board of Directors to amend or eliminate the wording that prohibits perimeter walls of the complex, specifically on Washington and Eisenhower Streets, from exceeding 4 feet in height. And further, the undersigned also request the City of La Quinta to erect a sound wall or, in the event they elect not to erect said wall, to pay for the construction cost of raising the current wall to a height of 8 feet. Name Address Date /31 1 bA).�Z_ (4 d ( 11 Cc -)A le02- lguz"6 OBY&4�� I 0 9 �� 003 W �4 (%1 004 N-1 I-) U r'Y 5 AGENDA CATEGORY: ti OFTt�9 COUNCIL/RDA MEETING DATE: JUNE 4, 2002 ITEM TITLE: Demand Register Dated June 4, 2002 RECOMMENDATION: Approve Demand Register Dated June 4, 2002 BACKGROUND: Prepaid Warrants: 49563 - 49581 } 78,792.61 49582 - 495921 26,193.61 Wire Transfers} 345,646.62 P/R 8764 - 88391 102,321.61 P/R Tax Transfers} 28,528.89 Payable Warrants: 49593 - 497191 1,061,953.67 $1,643,437.01 FISCAL IMPLICATIONS: Demand of Cash -City $1,231,217.22 Demand of Cash -RDA $412,219.79 BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING 012 CITY OF LA QUINTA BANK TRANSACTIONS 5116/02 - 5/29/02 5/17/02 WIRE TRANSFER - RDA LAND PURCHASE $100,000.00 5/20/02 WIRE TRANSFER - RDA ESCROW $25,000.00 5/23/02 WIRE TRANSFER - RDA LAND PURCHASE $150,000.00 5/24/02 WIRE TRANSFER - DEFERRED COMP $5,528.13 5/24/02 WIRE TRANSFER - PERS $9,771.49 5/24/02 WIRE TRANSFER - CREDIT UNION $5,347.00 5/24/02 WIRE TRANSFER - RDA ESCROW $25,000.00 5/28/02 WIRE TRANSFER - RDA ESCROW $25,000.00 TOTAL WIRE TRANSFERS OUT $345,646.62 n2� 001 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 09:43AM 05/29/02 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK NUMBER CHECK LATE VENDOR NO. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** PAYMENT AMOUNT 49593 05/29/02 &01728 KATHRYN CHAVEZ 10.00 49594 05/29/02 &01729 BENJAMIN DRUYON 20.00 49595 05/29/02 &01730 RANDY GUYER 20.00 49596 05/29/02 &01731 HCI 700.00 49597 05/29/02 &01732 CLARK HEAD 10.00 49598 05/29/02 &01733 AMY HUTCHESON 20.00 49599 05/29/02 &01734 R-Y-S CONST/DRAIN SVC 24.00 49600 05/29/02 &01735 JUAN CARLOS VILLALOBOS 60.00 49601 05/29/02 AlRO01 A-1 RENTS 56.00 49602 05/29/02 ABL001 ABLE RIBBON TECH 78.17 49603 05/29/02 ACE010 ACE HARDWARE 80.72 49604 05/29/02 ACT100 ACT GIS INC 2040.00 49605 05/29/02 ADT100 ADT SECURITY SVC INC 173.00 49606 05/29/02 ALB006 ALBERTSONS STORE #6567 85.53 49607 05/29/02 AME175 AMERICAN FORENSIC NURSES 21.00 49608 05/29/02 AME200 AMERIPRIDE UNIFORM SVCS 109.94 49609 05/29/02 ANI050 ANIMAL CARE EQUIPMENT 371.84 49610 05/29/02 ATL075 ATLANTAS INVESTMENT GROUP 1250.00 49611 05/29/02 AUT030 AUTOMATED TELECOM 193.94 49612 05/29/02 BER150 BERRYMAN & HENIGAR INC 67694.49 49613 05/29/02 BI0100 BIO TOX 153.40 49614 05/29/02 BRA150 JOHN BRANSTETTER 600.00 49615 05/29/02 BRD100 B R DETAIL 69.00 49616 05/29/02 BRI100 BRINKS INC 300.00 49617 05/29/02 BSG100 B & S GRAPHICS 639.09 49618 05/29/02 BUR200 BURTRONICS BUSINESS SYS 180.50 49619 05/29/02 CAD010 CADET UNIFORM SUPPLY 214.47 49620 05/29/02 CAL035 CAL PRESERVATION FOUNDATN 1065.00 49621 05/29/02 CAL240 CALIFORNIA POOLS & SPAS 100.00 49622 05/29/02 CAP010 ROBERT CAPETZ 5000.00 49623 05/29/02 CAP025 CAPITAL REALTY ANALYSTS 7000.00 49624 05/29/02 CAR300 CARQUEST 78.05 49625 05/29/02 CAR400 CARTE GRAPH SYSTEMS INC 195.00 49626 05/29/02 CDW050 CDW GOVERNMENT INC 88.57 49627 05/29/02 COA067 COACHELLA VLLY PONTIAC 748.29 49628 05/29/02 COA071 COACHELLA VALLEY PRINTING 909.70 49629 05/29/02 COM030 COMSERCO 64.65 49630 05/29/02 COR150 CORPORATE EXPRESS 575.55 49631 05/29/02 COS050 COSTCO BUSINESS DELIVERY 387.44 49632 05/29/02 COV065 COVERED JC 1800.00 49633 05/29/02 DAN200 DANONE WATERS OF NORTH 108.50 49634 05/29/02 DES018 DESERT ELECTRIC SUPPLY 410.20 49635 05/29/02 DES019 DESERT FIRE EXTINGUISHER 115.00 49636 05/29/02 DESO40 DESERT JANITOR SERVICE 4803.50 49637 05/29/02 DES051 DESERT SANDS UNIFIED SCHL 75.00 49638 05/29/02 DES060 DESERT SUN PUBLISHING CO 3710.97 49639 05/29/02 DES065 DESERT TEMPS INC 2186.02 of 002 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 09:43AM 05/29/02 CITY OF LA QUINTA BANK ID: DEF PAGE 2 CHECK NUMBER CHECK DATE VENDOR NO. NAME PAYMENT AMOUNT 49640 05/29/02 DIE050 DIETERICH POST 289.79 49641 05/29/02 DRU100 DRUMMOND AMERICAN CORP 180.40 49642 05/29/02 EMP100 EMPTY POCKET CRAFTS 68.23 49643 05/29/02 END051 ENDICOTT ENTERPRISES 82.92 49644 05/29/02 ENT050 ENTERPRISE RENT -A -CAR 1045.14 49645 05/29/02 EQUO10 DALE EQUITZ 50.00 49646 05/29/02 EVA050 DAVID EVANS & ASSOC INC 23497.20 49647 05/29/02 EXP200 EXPRESS DETAIL 935.00 49648 05/29/02 FED010 FEDERAL EXPRESS CORP 570.66 49649 05/29/02 FIR017 FIRST CHOICE SERVICES 321.62 49650 05/29/02 GAR005 GARNER IMPLEMENT CO 156.54 49651 05/29/02 GE0010 GEORGE'S GOODYEAR 417.68 49652 05/29/02 GRA010 GRANITE CONSTRUCTION CO 445048.75 49653 05/29/02 HIL150 HILTON FARNKOPF & 4716.87 49654 05/29/02 HOA010 HUGH HOARD INC 156.48 49655 05/29/02 HOM030 HOME DEPOT 1175.02 49656 05/29/02 HOR100 DODIE HORVITZ 57.85 49657 05/29/02 IMP100 IMPACT SCIENCES INC 7600.57 49658 05/29/02 INF030 INFORMATION RESOURCES 500.00 49659 05/29/02 INT015 INTERNATIONAL CONFERENCE 1811.09 49660 05/29/02 IRWO20 BARBARA IRWIN 123.95 49661 05/29/02 JAY100 JAYCOR TACTICAL SYSTEMS 224.07 49662 05/29/02 JPRO10 JP REPROGRAPHICS 165.94 49663 05/29/02 JUD010 JUDICIAL DATA SYSTEMS COR 100.00 49664 05/29/02 KRI100 BRUCE KRIBBS CONSTRUCTION 5842.00 49665 05/29/02 LAI030 LAIDLAW TRANSIT INC 398.36 49666 05/29/02 LAM100 LAMA BOOKS 26.75 49667 05/29/02 L00010 LOCK SHOP INC 15.09 49668 05/29/02 LOW100 LOWE'S COMPANIES INC 91.55 49669 05/29/02 MCDO10 MC DOWELL AWARDS 13.95 49670 05/29/02 MUN010 MUNI FINANCIAL SERV INC 3250.00 49671 05/29/02 NIC101 NICKERSON & ASSOC INC 7760.00 49672 05/29/02 OFF005 OFFICE DEPOT INC 435.39 49673 05/29/02 OWE020 OWEN & BRADLEY 817.00 49674 05/29/02 PAL010 PALM SPRINGS DESERT RESRT 137303.40 49675 05/29/02 PER010 RONALD A PERKINS 27.54 49676 05/29/02 PRE015 THE PRESS -ENTERPRISE CO 100.00 49677 05/29/02 PRI020 THE PRINTING PLACE 627.11 49678 05/29/02 PUE050 MARIA L PUENTE 140.19 49679 05/29/02 RAL050 RALPHS GROCERY CO 268.37 49680 05/29/02 RAS020 RASA - ERIC NELSON 1200.00 49681 05/29/02 RIV020 RIV CNTY AUDITOR-CONTROLR 368.00 49682 05/29/02 RIV077 RIVERSIDE COUNTY FLOOD 6075.38 49683 05/29/02 RIV100 RIVERSIDE COUNTY SHERIFFS 201266.99 49684 05/29/02 RIV101 RIV COUNTY SHERIFF/INDIO 17633.35 49685 05/29/02 RIV152 RIV COUNTY TRANSPORTATION 340.00 49686 05/29/02 ROS010 ROSENOW SPEVACEK GROUP 45178.79 49687 05/29/02 RUI100 JOHN RUIZ 20.00 49688 05/29/02 SAN200 SAN DIEGO ROTARY BROOM CO 517.20 014 003 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 09:43AM 05/29/02 CITY OF LA QUINTA BANK ID: DEF PAGE 3 CHECK NUMBER 49689 49690 49691 49692 49693 49694 49695 49696 49697 49698 49699 49700 49701 49702 49703 49704 49705 49706 49707 49708 49709 49710 49711 49712 49713 49714 49715 49716 49717 49718 49719 CHECK DATE 05/29/02 05/29/02 05/29/02 05/29/02 05/29/02 05/29/02 05/29/02 05/29/02 05/29/02 05/29/02 05/29/02 05/29/02 05/29/02 05/29/02 05/29/02 05/29/02 05/29/02 05/29/02 05/29/02 05/29/02 05/29/02 05/29/02 05/29/02 05/29/02 05/29/02 05/29/02 05/29/02 05/29/02 05/29/02 05/29/02 05/29/02 NO. SCR100 SHA030 SHA050 SHI010 SIM040 SLA020 SMA010 SOL010 SOU007 STA045 SUN075 SUN080 TKDO10 TOP010 TRE100 TRI100 TRU010 TW1050 UNR100 VAL020 VER050 VID050 VIP100 WAL010 WES009 WES020 WIN010 WRI050 XER050 YOU100 ZEU010 VENDOR NAME SCREENLAND GRAPHICS CO SHANGRILA ARCHIE SHARP SHIMCO CABINETS SIMPLER LIFE EMERGENCY SLADDEN ENGINEERING SMART & FINAL SOLANO PRESS BOOKS SOUTHWEST NETWORKS, INC STAN'S AUTO TECH SUNLINE TRANSIT AGENCY SUNLINE SERVICES GROUP T.K.D. ASSOCIATES INC TOPS'N BARRICADES INC JUAN TREVINO TRI STATE LAND SURVEYORS TRULY NOLEN INC TWIN GRAPHICS UNRUH TECHNOLOGIES INC VALLEY PLUMBING FREDRICO VERDUGO VIDEO DEPOT V I PEOPLE INC WAL MART COMMUNITY WEST COAST TRANSPORTATION WEST GROUP WINSTON TIRES ROBERT S WRIGHT XESYSTEMS INC YOUNG ENGINEERING SERVICE ZEUS CONSTRUCTION CHECK TOTAL PAYMENT AMOUNT 114.75 240.00 165.34 3500.00 1124.14 2000.00 519.33 70.65 5183.75 172.29 392.00 511.08 558.96 678.51 275.00 9745.00 363.00 342.65 120.00 43.10 475.00 7.96 361.94 15.20 1025.00 119.61 320.02 785.68 735.00 3080.00 5300.00 1, 061, 953. 67 016 004 2 .-1 N M c In r 00 a) O H H N O E+ Z N C. N In x U N N N N N N N N N N M N N O W E N N N N N N N N N N N N N ULO In In I1') In In In In In un £ a fA F F E. 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W Ln z E rztzc U O m M H i H E W H FC 0: x 5 > O W UU E- E E a M ri 3 W a E z a U W a a O a W a a E v) v) 4 :3 O E+ v) m N H a U E+ W U 0 O M O U O U M UF z 4 M z x D a M Im O w 0W, E F E v) oE4 W a Q 0 H 3 M Z a FC W M a H H a f<; m W m w to w z H m O F G, w E+ O > k . > > 3 3 3 3 3 M z o 0 > O v) o O 0 N 0 Ln 0 Lf) o O o 1-I rn O rn O o N 0 H 0 U) O U i+ E+ 0 H H M O a O M O 0 a a O v) o 0) O v) O z o , H U r.� H U 3 E z M > > > > Fe 3 W 3 W 3 W 3 H 3 M 3 03.1 0019 z m rn • M M M F Z N O O� N l0 \ , x C) U m m m O W E. N N N N 'n 4 W (p p El E. H 0 O o O c 1 F O O O l0 O z E+ w z O O M N o In < O O M M N m Q1 r m o o O O 1� o 0 0 un uO o o .7 m M m O [� [� O M H E M Ln O z F H F z w a >4 z < > 4 Kc a m C4 O O O 0 z 0 E F F E. U E tU U z °H o o a o x o o > a 0 w o U o a o . y U H w z w z w w W > H > < > E+ > I a a .7 O m a a a o W [s. H U w FC H o a m o W o I � o z z E Gw0 H O H O N I I H z N O F 04 Z z a KC m w w a I O o w E. a o r T) W o v r+ pq o u) ID E D m u) rn z rn o 0 F z N C N M O an N O Ln M M U U N r� o o O LO H W U H > a W m M o (D z O z O Ln04 H H FC U W U z w o I H z a FC H E ..4 z £ z z FC O F W O a r.C o uu)i w .7 m z X N E C W z o > o 0 0 c O W < U x 0020 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 09:53AM 05/23/02 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 49582 05/23/02 COA080 COACHELLA VALLEY WATER 13156.03 49583 05/23/02 GAS010 GASCARD INC 2242.76 49584 05/23/02 IMPO10 IMPERIAL IRRIGATION DIST 7007.14 49585 05/23/02 LAQ050 LA QUINTA CITY EMPLOYEES 715.91 49586 05/23/02 NAT085 NATL INSTITUTE APPRAISERS 425.00 49587 05/23/02 RIV040 RIVERSIDE CNTY DEPT CHILD 426.50 49588 05/23/02 STA044 DARREN STANLEY 62.50 49589 05/23/02 UNIO05 UNITED WAY OF THE DESERT 191.00 49590 05/23/02 USPO10 U S POSTMASTER 1392.00 49591 05/23/02 VER200 VERIZON 533.77 49592 05/23/02 WEI050 MARK WEISS 41.00 CHECK TOTAL 26,193.61 0021 Z O E+ Z N O M N \ O E U W £ � a a a � Ln c rn E O z F W z £ D N O a � a 7 0 O N FCC 1 W E- a a a a a o a Q F [u W z 0 > D O i U IE-1 a U N�o r m m O H N m c In w r m m O •--1 H N M c N N O m 0 0 0 0 0 0 0 0, 0 0, 0, ON £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ ON £ ON 0) W W W W W W W W W W W W W W w W 0) W rn 0) rn E E F F E E F F F E E E F E+ E F E F E E E4 m c m m co kD o oo r In Ln .q LO LO 0 O N In . 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Ira w [u w 1. w R, [++ a a a m r m c m .--4 H N O1 m m m m m m m m In u1 � V' Ol N In M O O O O O O O I I 1 I I 1 I I an O O O O o 0 o c c c c c c c v c H H H H H H H O O O O O O O O r-1 z P1 z z z z a o 0 0 0 0 0 o o O a a a a a a a o 0 0 0 o o o 0 o > > > > > > > m 01 01 01 01 01 01 01 In O o N m in N M O O M W W M kD O O ko ID ID ID \o m M M m M M M r c V• c c V Lo <n N u1 u1 d) Lo � M v' v' v V c c H H H H -4 1-4 o 0 o o o o o W W W W W W W S 3 3 3 3 3 3 W W W W W W W a a a a a a a a a a a a a a 0 0 0 0 0 0 0 0 o o o 0 o 0 0 m m m m m m m a a a a a a a 0 0 0 o O o V z z z z z z z z I--1 H I--1 H H H H H Q Q Q Q Q Q Q Q a a a a a a a a ai ai m ai of ai ai m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a a a a a a a a C� C7 C7 C7 C7 C7 C7 C� O O O% O O O m 0 o O m O r M m N N O N l0 N r N r O 0 O In O r-1 O M o r o r1 H O H 0 o r o U) Q E m z a m W W H H W m S ° z E+ o a a a H £ a w E W a Q a U E E EH a U H U EH a z z H H H H m w w Ol a H a z a 0 0 Ln o H In m c £ a a H H a z CY W za E m z W z a c O F m O O O kn N N O O O 0 '-1 F1 a w m w Q w S F 0 a 3 Q W E z D LO 0 O z D 031 0022 z N M 'n 1D r M M O '-I N N N N N N N N N M M M 0 E z N M cli "n N U C7 C� C7 C9 C7 C� C7 C7 C� C7 C9 O W E+ E £ £ £ E £ £ £ £ £ £ U FC W W W W W W W W W W W £ CQ H E E E+ E F E+ El E+ E+ a LO c O O O O O N Ol kD O- O Ol El O kD ID ID w wt0 c4 N a r O O Z E-E w z N rn rn rn orn r cw Ln 10 r rl x::::) 01 �+ O M a ~ 0 o r o 0 o r o �-1 H (Ij 0) > 01 M d M Ln m � £ O W E p O E £ £ a w wE F z H EzF E.E. HH F W F < Z " °�' O H W a a > > > > > > > a a 0 a o W O p m m m m m m m P N 0 0 0 0 z U z FC z W W W w W w W 0 w z H Z H m w E W Z Z Z Z Z Z Z H W W E+ W w > m> Q Q Q Q Q Q Q a> w> p O x x x x x x x a w m a o, a a a a a a. H E £ w w U W H p a rl N N rl c m O N O Q w r O m Q l0 M N N r > z z £ 41 01 01 Ol a M .-i a H z �O �0 tD l0 r t0 r r r p Ln Ln uo Ln r Ln r r r a� W ao a I O O E. F a N O O O O O O O N N w N O O O O O O O M r1 N W W O O O O O O O \O l0 OD £ D Ln o o o Ln 0 o 0 1-4 r u) z O M M M M M M M M N O l0 1D �O l0 l0 l0 l0 10 l0 10 l0 E z M M M M M M M M v v M O Ln in in Ln in Ln un in o Q U U� 0 0 o o o o o o 0 o O ti H H H H H H H H H M O O N a a a w F I rm� W E £ m a z E+ H m H m z z z z z z z z z w FC O O 0 0 0 0 0 0 0 0 0 3 7+ a a N N N N N N a H H H H H H H H H H H H �G a r� o m a a a a a a a a a az a m z > > > > > > > > > E+ 44 W z 0 > o 0 0 0 0 0 0 0 0 0 0 D o 0 0 o 0 0 0 0 o u� O N O N N N N N N N N N O U E+ a a a a a a a a a a H U H m W W W W w w W w W W < U D > > > > > > > > > 3 11.)3S ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 1:08PM 05/16/02 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 49563 05/16/02 ATT075 AT&T WIRELESS SERVICES 229.10 49564 05/16/02 CAT150 CITY OF CATHEDRAL CITY 30.00 49565 05/16/02 COA080 COACHELLA VALLEY WATER 624.06 49566 05/16/02 COM065 COMMUNITY BLOOD BANK INC 1000.00 49567 05/16/02 DEN010 DENBOER ENGINEERING AND 35541.00 49568 05/16/02 DES150 DESERT RADIO GROUP 6676.00 49569 05/16/02 HJH100 HJH CONSTRUCTION 21881.25 49570 05/16/02 IND010 CITY OF INDIO 54.00 49571 05/16/02 LAQ051 LA QUINTA CLIFF HOUSE 250.00 49572 05/16/02 LAQ120 LA QUINTA DESERT WILDCATS 2499.00 49573 05/16/02 LAQ130 LA QUINTA FOOTBALL 2499.00 49574 05/16/02 PET005 CASH/PETTY CASH 171.06 49575 05/16/02 RIV076 RIVERSIDE COUNTY FIRE DEP 197.00 49576 05/16/02 SOU002 SOUL OF CHINA 227.09 49577 05/16/02 SOU010 SOUTHERN CALIF GAS CO 66.30 49578 05/16/02 SPRO10 SPRINT 876.71 49579 05/16/02 VER200 VERIZON 91.09 49580 05/16/02 VER210 VERIZON INTERNET SOLUTION 69.95 49581 05/16/02 YMC100 YMCA OF THE DESERT 5810.00 CHECK TOTAL 78,792.61 (A n 0024 N m V' .n lD m N r m m O N (� O. 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FISCAL IMPLICATIONS: The premium rates for the Safeguard plan are: $33.00 per month for employee only and $86.79 per month for the family. This is an increase of $3.16 per month in the employee only rate and $2.23 per month in the family rate. The premium for this benefit would be applied to the $800 per employee cap for medical, dental, vision and life insurance benefits. Any cost above the cap would have to be paid by the employee. These rates are effective July 1, 2002 - June 30, 2003. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City's current benefits broker, abd Insurance Services, provided information on a variety of Preferred Provider Organization (PPO) dental plans, to compare against the City's current dental plan provided through Principal. The Insurance Review Committee (Committee) reviewed these plans. It was concluded by the committee that the Safeguard plan offered better coverage in the areas of basic, major and orthodontic services at a minimal increase in the premium rate. A comparison of the Principal and Safeguard plans is attached. Notification has been sent to Principal announcing the City's intent to discontinue its participation in the dental plan. This action was necessary because Principal required notification by June 1st and dental insurance information was provided without sufficient time for the committee to review the plans, make a recommendation, inform the La Quinta City Employee Association membership and confer with the City Council prior to the deadline. Staff is seeking the Council's ratification of the City's participation in the Safeguard dental plan. 039 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve and ratify the City's participation in a dental plan (Safeguard) as of July 1, 2002; or 2. Do not approve and ratify the City's participation in a dental plan (Safeguard) as of July 1, 2002 ; or 3. Provide staff with alternative direction. Respectfully submitted, Mark Weiss, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager er Attachment: 1. Dental insurance comparison chart 08/1 1 /99 S:\CITYMGR\CCSHELL.WPD non 002 ATTACHMENT 1 Q z d Q J O N O O J D W H U ui LL U- uw 0 cc 0 N OD 00 oW O CO CO 00 0 o (fl ? tL V- 4& u>d N N CO amp <LO„�' a. W J 00 \� OR Lq O c / W z 6i LqLo(0DO N oo c� ° I a) w -(& 0. O � a 0 z CL H 00 z tll 00 lf) Ln 00 Q a= Cn LO c0 00 Z D to Ln ( 0 00 w N d u.a N a� U a� C W 0 U L 0) Q >- � + }, \w / a) 0 p 41). (a .�.� O U o >. m m C7 CL E°ccc 0c WU -<<<c N L U N C 01 r 041 0 N Y 004- F- m w w 00 J Q 1— z w 0 Q LU Z o a O cr a. L Q 0z }. W cc U� U LL 0 z O a a. 2 0 U I� o O O V� O. .. 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LO ' O cai c .� -� + c -a o O^ N E O O a 0 w MO m m Co OCo m Co O O) + ` r L W L LO L u' V .a `~ )> O L 0 m a� L m a L L 0 L 4-' L -O N ,4' a E L N L E a� L E L E L E L E L E L E L •+J L a E O Qn' m O a O O O O O 7 cL O O N fir, c O L ( N c O N a N C 0 N a) N c O y a c 0 O r c L CL za. a) L aazU Z � L D a.Uz0 � L : aUzU � L Q� a.az E ccc c � 3 0 cn O N U m U Co -� • /m� c E a)x w a) 0 L VJ U +, U m U x Qi W L L N +� cm L iC c c N 7 a m m > m U C O c .� O L C 0 a U m O Q c O U 0) N O a L a c 0 a O U Lo 4- c m .a 4- 0 A m E 0 m m A N L O E L F— m c CD v c c t 005 T4'!t 4 XP Q" COUNCIL/RDA MEETING DATE: June 4, 2002 Adoption of a Resolution Assigning Retail Value of Certain City Economic Development Items RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 3- STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council assigning retail value of certain City economic development items; and Authorize staff to order Titleist DT customized golf balls. FISCAL IMPLICATIONS: Staff is generally recommending a 20% administrative overhead "mark-up" on retail sale of economic development items, which would be returned to the General Fund. Sales tax is included in the recommended retail price. It is anticipated that the City would be invoiced for the golf balls in the next fiscal year. Staff has included adequate funds in the draft fiscal year 2002-2003 economic development budget. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the May 7, 2002 City Council meeting, the Council considered a resolution assigning retail values to the City's economic development items. The Council had several concerns that included the retail price of the City's logo golf balls, an inventory of the items, and the mathematical calculation for the "set of five" price of the City pens. The Council requested that this item be brought back with further clarification. Staff has also added the economic development infomercial, as videotapes are available to the public at the previously established price of $7.50 each. 443 The promotional items currently available and the recommended retail prices are as follows: Item Inventory as of 6/1 /02 Recommended Retail Price/Each Unit Recommended Retail Price/Set City Pens 600 $2.50 Set of 5 $1 1.00 Sandstone Coasters 156 (39 boxes) $3.00 Box of 4 $12.00 Leather Coasters Black Green 604 662 $1.00 Set of 4 $4.00 Mini -Highlighters 778 $1.00 Set of 10 $8.00 Infomercial 59 $7.50 Each L $7.50 Gamby 1,517 $7.50 Each $7.50 Golf Balls 0 NA Box of 2 $6.50 In regards to the recommended price of the City pens, although the price appears to be mathematically incorrect, the "per -pen" price is a result of rounding. Staff took the City's cost for five pens and added the 20% overhead, which came to $11.00. Then to obtain the retail price of each pen, staff divided the $1 1.00 by five, which comes to $2.20 each. However, for purposes of retail sale, it is simpler to round up to $2.50. If the "set of five" price is increased to $12.50, then the overhead mark-up increases to 39%. This approach was also used for the mini - highlighters. The "set of ten" price is $8.00, which would make the individual price $0.80 each; however, for purposes of retail sale, it is simpler to round up to $1.00. At this time, the City has no City logo golf balls in stock. Staff will be ordering more in the near future. Last year, the City logo golf balls were ordered from Golfbox.com, a company that provides logo golf balls packaged in a customized sleeve. Attachment 1 is a color copy of the City's custom sleeve; staff is planning to add "Country Club of the Desert" and "The Palms" to the list of golf courses on the sleeve. In addition, the golf balls will be imprinted with the City's 201n anniversary logo; the previous golf balls had the regular City logo. This customization increases the cost of the golf balls. Attachment 2 is a list of golf ball brands and prices offered by Golfbox.com. Staff is recommending the Titleist DT golf ball. Titleist is a recognized, respected name in the golf community, and the use of this particular brand would complement the City's image and reputation. To obtain the best pricing, staff is recommending ordering 720 sleeves. As noted, the City's cost for a sleeve of two balls is $5.40. The 20% overhead charge would bring the suggested price to $6.50. Finally, it should be noted that the prices reflected have not been established with 0 4 " 002 the idea or intent of encouraging or promoting sale of these items. Generally, the items are distributed by staff as part of a promotional economic development or marketing effort. Rather, the intent has been to accommodate the infrequent requests to purchase certain logo items by individuals and recoup associated City expense. Staff will prepare resolutions to establish retail sales prices on additional promotional items as they are acquired. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council assigning retail value of certain City economic development items; and authorize staff to order Titleist DT customized golf balls; or 2. Adopt a Resolution of the City Council assigning retail value of certain City economic development items; and authorize staff to order an alternate brand of customized golf balls; or 3. Do not adopt a Resolution of the City Council assigning retail value of certain City economic development items; and do not authorize staff to order customized golf balls; or 3. Provide staff with alternative direction. Respectfully submitted, Mark Weiss, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Picture of Custom Golf Sleeve 2. Price list from Golfbox.com 04n ��3 RESOLUTION NO. 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ASSIGNING RETAIL VALUE OF CERTAIN CITY ECONOMIC DEVELOPMENT ITEMS WHEREAS, as part of the City's economic development efforts, the City purchases customized economic development items that currently include pens, sandstone coasters, leather coasters, mini -highlighters, infomercials, golf balls, and Gamby stuffed animals; and, WHEREAS, these items are distributed at trade events to promote the City; and, WHEREAS, the City receives requests to purchase these items for purposes other than economic development; and, WHEREAS, it is in the best interest of the City to establish a sales price for the above -listed items. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, that a retail sales price which includes sales tax is hereby established for each of the economic development items listed as follows: 1. The City of La Quinta hereby establishes the retail sales price for a set of five (5) promotional pens at $11.00 ($2.50 each). 2. The City of La Quinta hereby establishes the retail sales price for a set of four (4) sandstone coasters at $12.00 ($3.00 each). 3. The City of La Quinta hereby establishes the retail sales price for a set of four (4) leather coasters at $4.00 ($1.00 each). 4. The City of La Quinta hereby establishes the retail sales price for a set of ten (10) mini -highlighters at $8.00 ($1.00 each). 5. The City of La Quinta hereby establishes the retail sales price for one informercial videotape at $7.50. 6. The City of La Quinta hereby establishes the retail sales price for one Gamby stuffed animal at $7.50 7. The City of La Quinta hereby establishes the retail sales price for a box of two logo golf balls at $6.50. 049 n.)4 Resolution No. 2002- Retail Value of Certain City Economic Development Items Adopted: June 4, 2002 Page 2 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this fourth day of June, 2002, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON , City Attorney City of La Quinta, California 047 005 ATTACHMENT 041 q07 golfbox.com - 2 Ball Sleeves ATTACHMENT 2 2 Ball Pricing Click on the links below to see how flexible this product can be. 3-BALL SLEEVES EXECUTIVE CUSTOM 2 BALL SLEEVES WITH LOGO BALLS INCLUDED • Packaging is Four Color Processing -- No • Lead times vary per manufacturer Color Upcharges e For fastest delivery and lowest price see • Prices below are for Logo Balls and Custom 2 In -Stock Specials Ball Sleeves • Call for quote if your ball logo is more • Setup Charges are $100.00 for first time order than 2 colors • Photographs no extra charge • Prices do not include shipping FOB:CA • PMS Matching as Close As Possible • Priced by the sleeve, 6 sleeves to a dozen balls Due to the nature of customized product, all orders are considered firm and cannot be cancelled without prior approval. No returns are accepted without prior written authorization. Payment can be made by credit card or company check. Payment due at time of order, prior to production unless other arrangements were made in advance. Most major credit cards accepted! In -Stock Specials (Subject to Availability) Total Custom Sleeve, 1 or 2 color on balls. Fastest turnaround, lowest price! Dunlop MaXpower (Limited Supply at this Price) Top Flite XL or Maxfli Wilson Staff Hyper Titanium XL 2000 Nike Specials! (Call for choices) Strata Specials! (Call for choices) Titleist DT Pinnacle 392 Pinnacle Gold Titleist DT Titleist NXT Tour or Distance Titleist Tour Distance Titleist PRO V1 QUANTITY SLEEVES 72-288 $3.69 3.99 4.19 4.61 5.25 5.65 5.90 QUANTITY SLEEVES 72-288 $4.61 4.67 6.35 6.69 7.68 8.69 QUANTITY SLEEVES 294-714 $3.49 3.75 3.96 4.38 5.02 5.42 5.67 QUANTITY SLEEVES 294-714 $4.38 4.44 6.12 6.46 7.45 8.46 QUANTITY SLEEVES 720-1440 $2.95 3.49 3.69 4.11 4.75 5.15 �! 5.40 QUANTITY SLEEVES 720-2000 $4.09 4.15 5.83 6.17 7.16 8.16 049 ®r0a http://www.golfbox.com/pricingbox2.html 5/23/2002 golfbox.com - 2 Ball Sleeves Page 2 of 2 QUANTITY QUANTITY QUANTITY SLEEVES SLEEVES SLEEVES 72-288 294-714 720-2000 Wilson Pro Staff Platinum $4.49 $4.26 $3.97 Staff Hyper Titanium 4.52 4.29 4.00 New Staff Pro Distance Urethane 6.05 5.82 5.53 New Staff Pro Tour Urethane 6.39 6.16 5.87 Staff I Wound 7.73 7.50 7.21 QUANTITY QUANTITY QUANTITY Nike Golf Balls SLEEVES SLEEVES SLEEVES 72-288 294-714 720-2000 Nike Power Distance Series (choice of 3) $5.47 $5.24 $4.95 Nike Double C Series (choice of 2) 6.35 6.12 5.83 Nike Tour Accuracy 8.15 7.92 7.63 Nike Tour Accuracy TW 8.15 7.92 7.63 Nike Tour Accuracy DD 8.15 7.92 7.63 QUANTITY QUANTITY QUANTITY Precept Golf Balls SLEEVES SLEEVES SLEEVES 72-288 294-714 720-2000 Precept Classic $5.57 $5.34 $5.05 Precept MC Lady (call for leadtimes) 6.25 6.02 5.73 Precept EV Distance 6.53 6.30 6.01 Precept Extra (spin or distance) 6.89 6.66 6.37 Contact us with any questions regarding the pricing or special needs! The Safest Site For Corporate Purchases on the Net 2761 Saturn • Unit E • Brea, CA 92821 (888) 278-6269 • FAX (714) 993-6072 • E-MAIL COPYRIGHT © 1997-2002 GOLFBOX.COM 05 009 http://www.golfbox.com/pricingbox2.html 5/23/2002 Titit 4 4 49AM COUNCIL/RDA MEETING DATE: June 4, 2002 ITEM TITLE: Approval of a One Year Contract Extension for Project LMC 99-01, Landscape Lighting Maintenance Contract for Fiscal Year 2002/2003 AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a one-year contract extension for Project LMC 99-01, Landscape Lighting Maintenance for Fiscal Year 2002/2003, with Bruce Kribbs Construction. The proposed contract (Attachment 1) is for an hourly rate of $40 per hour for actual hours worked. The base of the contract is for biweekly inspections of all city owned, maintained, and operated landscape lights for an amount of $17,424. Any work required to repair lights due to vandalism or mechanical and electrical breakdown will be paid to the contractor under this contract at $40 per hour. Adequate funds for landscape lighting maintenance have been proposed in the fiscal year 2002/2003 preliminary budget, Account Number 101-454-603-000, Contract Services. None. During the June 15, 1999 City Council meeting, the City Council awarded the Landscape Lighting Maintenance contract to Kribbs Construction. The original contract specifications allowed for four one-year extensions, renewable at the beginning of each Fiscal Year, through Fiscal Year 2003/2004. During the July 5, 2000 City Council meeting, the City Council approved a one-year contract extension with Kribbs Construction for Landscape Lighting Maintenance. During the July 17, 2001 City Council meeting, the City Council approved a one-year contract extension with Bruce Kribbs Construction for Landscape Lighting Maintenance. 05t The budgeted amount proposed in the Fiscal Year 2002/2003 budget of $160,000 includes the biweekly inspection costs for all of the city lighting systems, as identified in the contract and an estimate of repairs, including a backlog of work identified by the previous years' inspections and projected repair work. Based on Bruce Kribbs Construction's past performance, their familiarity with the required work and staff efforts to save time and money needed to rebid this project, staff recommends approval of a one-year extension. This will be the third one-year extension of this contract. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a one-year contract extension for Project LMC 99-01, Landscape Lighting Maintenance for Fiscal Year 2002/2003, with Bruce Kribbs Construction; or 2. Do not approve a one-year contract extension for Project LMC 99-01, Landscape Lighting Maintenance for Fiscal Year 2002/2003, with Bruce Kribbs Construction and authorize staff to rebid the Landscape Lighting Maintenance contract for Fiscal Year 2002/2003; or 3. Provide staff with alternative direction. ully submitted, Roy F. S1ep a son, P.E. Interim Publkiworks Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Agreement 05, 020604c.wpd 00 ATTACHMENT 1 THIS CONTRACT, by and between the CITY OF LA QUINTA, a municipal corporation, herein referred to as "City," and BRUCE KRIBBS CONSTRUCTION, herein referred to as, "Contractor." In consideration of their mutual covenants, the parties hereto agree as follows: 1. Contractor shall furnish all necessary labor, equipment, transportation and, services for the Landscape Lighting Maintenance Services (LMC 99-01) in the City of La Quinta, California. 2. Contractor will comply with all Federal, State, County, and La Quinta Municipal Code, which are, as amended from time to time, incorporated herein by reference. 3. All work shall be done in a manner satisfactory to the City Engineer. 4. Contractor shall inspect the landscape/lighting systems as listed in Exhibit A, made part of this Agreement, on a bi-weekly basis. 5. In consideration of said work, City agrees to pay Contractor $1,452 per month for a total amount not to exceed $17,424 per year. All payments shall be subject to approval by the City Engineer and shall be in accordance with the terms, conditions, and procedures provided in the specifications. 6. The Contractor shall identify lighting systems requiring repairs and provide an estimate to the City for approval. The Contractor shall not initiate any repairs until written approval is given by the City Engineer. Upon written approval, the Contractor shall repair the lighting systems at a rate not to exceed $40 per hour. 7. The Contractor shall not knowingly pay less than the general prevailing rate for per diem wages, as determined by the State of California Department of Industrial Relations and referred to in the Invitation to Bid, to any workman employed for the work to be performed under this contract; and the Contractor shall forfeit as a penalty to the City the sum of Twenty -Five Dollars ($25.00) for each calendar day, or fraction thereof, for such workman paid by him or by any subcontractor under him in violation of this provision (Sections 1770-1777, Labor Code of California). 8. Concurrently with the execution of this Contract, Contractor shall furnish bonds of a surety satisfactory to City, as provided in said Specifications or Invitation to Bid, the cost of which shall be paid by Contractor. 9. Contractor agrees to indemnify, hold harmless, release and defend (even if the allegations are false, fraudulent or groundless), to the maximum extent permitted by law, the City, its City Council and each member thereof, and its officers, employees, commission members and representatives, from any and all liability, loss, 053 1 �' suits, claims, damages, costs, judgements and expenses (including attorney's fees and costs of litigation) which in whole or in part are claimed to result from or to arise out of the usage or operation, including the malfunctioning of, or, any injury caused by, any product purchased herein; or any acts, errors or omissions (including, without limitation, professional negligence) of Contractor, its employees, representatives, subcontractors, or agents in connection with the performance of this Contract. This agreement to indemnify includes, but is not limited to, personal injury (including death at any time) and damage to property (including, but not without limitation, contract or tort or patent, copyright, trade secret or trademark infringement) sustained by any person or persons (including, but not limited to, companies, or corporations, Contractor and its employees or agents, and members of the general public). 10. Except as otherwise required, Contractor shall concurrently with the execution of this contract, furnish the City satisfactory evidence of insurance of the kinds and in the amounts provided in said Specifications. This insurance shall be kept in full force and effect by Contractor during this entire contract and all premiums thereon shall be promptly paid by it. Each policy shall further state that it cannot be canceled without 30 days unconditional written notice to the City and shall name the City as an additional insured. Contractor shall furnish evidence of having in effect, and shall maintain, Workers Compensation Insurance coverage of not less than the statutory amount or otherwise show a certificate of self-insurance, in accordance with the Workers Compensation laws of the State of California. Failure to maintain the required amounts and types of coverage throughout the duration of this Contract shall constitute a material breach of this Contract. 11. Contractor shall forfeit as a penalty to City $25.00 for each laborer, workman, or mechanic employed in the execution of this Contract by said Contractor, or any subcontractor under it, upon any of the work herein mentioned, for each calendar day during with such laborer, workman, or mechanic is required or permitted to work at other than a rate of pay provided by law for more than 8 hours in any one calendar day and 40 hours in any one calendar week, in violation of the provisions of Sections 1810-1815 of the Labor Code of the State of California. 12. In accepting this Contract, Contractor certifies that in the conduct of its business it does not deny the right of any individual to seek, obtain and hold employment without discrimination because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age as provided in the California Fair Employment Practice Act (Government Code Sections 12900, et seq.) Contractor agrees that a finding by the State Fair Employment Practices Commission that Contractor has engaged during the term of this Contract in any unlawful employment practice shall be deemed a breach of this Contract and Contractor shall pay to City $500.00 liquidated damages for each such breach committed under this contract. 13. Contractor also agrees that for contracts in excess of $30,000 and more than 20 calendar days duration, that apprentices will be employed without discrimination in an approved program in a ratio established in the apprenticeship standards of the craft involved (Sections 1777.5 and 1777.6, Labor Code of 054 California). Contractors who willfully fail to comply will be denied the right to bid on 0 public projects for a period of six months in addition to other penalties provided by law. 14. This Contract shall not be assignable by Contractor without the written consent of City. 15. Contractor shall notify the City Engineer (in writing) forthwith when the Contract is deemed completed. 16. In accepting this Contract, Contractor certifies that no member or officer of the firm or corporation is an officer or employee of the City except to the extent permitted by law. 17. Contractor certifies that it is the holder of any necessary California State Contractor's License and authorized to undertake the above work. 18. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract. 19. The Contractor shall maintain and preserve all such records for a period of at least three years after termination of the contract. 20. The Contractor shall maintain all such records in the City of La Quinta. If not, the Contractor shall, upon request, promptly deliver the records to the City or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than at City offices including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead. 21. The further terms, conditions, and covenants of the Contract are set forth in the Contract Documents, each of which is by this reference made a part hereof. 055 ti. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, A California municipal corporation Dated: By: John J. Pena, Mayor ATTEST: June S. Greek, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney "CONTRACTOR" BRUCE KRIBBS CONSTRUCTION Dated: By:. Name: Bruce Kribbs Title: Owner 05fi J 0 0'7 �j i ' Additionl'of Landscape Lighting Biweekly Inspection Adams SL.Center Median (from Hwy 111 to 48th Ave.) Auto Center Dr.: I Senior Center Bads Parking Lot Washington Street (ham Miles Ave to Fred Waring) Washington Street Median (bridge to 50th Ave) 50th Ave Center. Median (Calle Tampico to Washington Street) Calls Sinaloa Center Median (Desert Club Dr. to Calle Tampico) Calie Tampico Center Median (Washington St. to Eisenhower Dr) Marbella Homes (Pedmeter/Entrance) Home Depot Monument (Comer of Hwy 111 and Jefferson SL) Vons Monument (ft Vona Entrance and Hwv 1111 Artwork at'the Civic Center (a South Entrance to the Civic Center) Original Bid Items Acacia Homes Perimeter, Miles Avenue Acacia Homes Perimeter, Seeley Drive Adana Park- Landscape j Avenue 50 Median, Le Quints Storm Channel to Park Avenue Avenue 54 Median, Jefferson Street to Madison Street Cactus Flower Perimeter, Fred Waring Drive Cactus Flower Perimeter, Dune Palms Eisenhower Drive Median, Ave. Bermudas to Calls Madrid Eisenhower Drive Median, Calls Madrid to Calls Colima Eisenhower Drive Median, Calls Colima to Calls Nogales Eisenhower Drive Median, Calls Nogales to Calls Tampico Eisenhower Drive Median, Ave 50 to Ave. Fernando (north) Fritz Bums Park- Landscape Fritz Bums Park- Tennis Courts i inco Homes Perimeter, Miles and Adams- Planting Jefferson Street Median, Hwy 111 to Westward Ho La Quints Civic Center, Tampico/Washington. Perimeter Landscape La Quints Civic Center, Tampioo/Washington, Parking Facilities La Quints Del Oro Perimeter, Washington Street La Quints Del Oio Plorneter and Median, Via Sevilla La Quints Del Ray I i La Quints Highlands Perimeter and Median, Las Vistas Drive La Quints Highlands Perimeter, Fred Waring Drive La Quints Highlands Perimeter, Adams Street Le Quints Senior Center, La Fonda/Guatemala- Perimeter Landscape i La Quints Senior Center, La Fonda/Guatemala- Parking Facilities Madison Street Median, Ave. 54 to Airport Blvd. P.G.A. West Station 70, Perimeter, 54/Madison Street Quintana Rancho Ocotillo Perimeter; Fred Waring Drive Rancho Ocoft Perimeter, Adams Street Topaz Perimeter, Dune Palms Road 1 Topaz Perimeter, Mlles Avenue Washington Street Median, Avenue 52 to La Quinta Storm Channel Washington Street Median, Avenue 48 to Hwy. 111 057 .,`008 CONTRACT: LMC 2001/2002 CONTRACTOR: Kribbs Construction PROJECT NO. N/A CONTRACT CHANGE ORDER NO. 1 Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and. special provisions of the original Contract. �FSC1Z>PT10N OF CHANGE: , Addition of landscape Li tin maintenance beginning 12/01/01 as follows: # Light Fixtures Adams Street center median =n Ave. 47 and Ave. 48 ) 15 Calle Estado ( between Ave. Bermudas and Desert Club Dr.) Ave. Bermudas, east side ( between Ave 52 and Calle Estado) Ave. Montezuma at Ave. Navarro 49 Total Addition of landscape lighting fixtures. 64 �Total amount of addition: 64 @ $2 = $128.00/month, or $1,536.00/year ,iginal monthly amount $ 1,324 plus new monthly amount $ 128 equal revised monthly amount of $ 1,452). The contract amount is pro rated from December 1,2001 to June 30, 2002; ( 7 months @ $128 = $896) f,..,f.,,...,f.....some..•...,...f.,..,...f.f,...,..f,,......f......ft„f........ff........ .f....■,,,,,,,,,,,,,f.ftf....ffff.,,,ff,.ff Previous Contract Amount through Contract Change Order 40- $ 154W.00 Add this Change Order S 896•00 Revised Contract Total S 16,784.00 ................................................f.f.............................. ...................f,f.............f................. Submitted r Approved We, the unders� ned Contractor have given careful consideration to the Change ro osed pnd herr�byy aQ this posal t approv that we will Qrov�d all equipment, fur►is�i a�m$tena/s, perform a7! la or, ex�e��i ma �e rsoted above, and perform a�l serwces necessary to complete the above specified wont andere�y accept as full payment the amount shown above. Accepted By: Contractor. Kribbs Contruction Title: �w_-- Date: 058 009 T,d4t 4 4 Q" COUNCIL/RDA MEETING DATE: June 4, 2002 ITEM TITLE: Approval of a one year Maintenance Services Agreement Extension for Street Sweeping Services for Fiscal Year 2002/2003 AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: P� Approve a one-year Maintenance Services Agreement Extension in the amount of $59,280 to California Street Maintenance to provide Street Sweeping Services for Fiscal Year 2002/2003. Based upon actual work from the previous fiscal year, the proposed fees are calculated at $24 per curb mile or $1,140 per week for 52 weeks. It is anticipated that this Maintenance Service Agreement will be for approximately $59,280.00. Adequate funds for Street Sweeping Services have been proposed in the Fiscal Year 2002/2003 preliminary budget, Account No. 101-453-621-616. The referenced services are funded by the General Fund. Therefore, under the Charter City status, the City is not mandated to pay prevailing wage rates. On February 6, 2001, the City Council authorized staff to distribute a Request for Proposal (RFP) to obtain street sweeping services. On November 9, 2001, the City received one proposal. The proposal was submitted by California Street Maintenance in the amount of $35 per curb mile or $1,663 per week. Staff met with California Street Maintenance on November 16, 2001 for the purpose of refining the proposed scope of services and negotiating an acceptable contract amount. The proposed fee at $35 per curb mile included the disposal of all collected refuse at a legally established disposal area. During the negotiations staff agreed that the City would provide the contractor with a refuse collection area and the City would provide for refuse disposal. Considering this scope change, the per curb mile fee was lowered to $24 and came within the City's available budget. 054 T:\PWDEPT\COUNCIL\2002\020604d.wpd During the December 18, 2001 City Council Meeting, the City Council awarded a Maintenance Service Agreement to California Street Maintenance for 26 weeks, in an amount not to exceed $29,640. The original Maintenance Service Agreement allowed for two (2) one-year extensions renewable at the beginning of each fiscal year through Fiscal Year 2003/2004. Staff researched the sweeping fees being paid by three other Coachella Valley jurisdictions (Cities of Rancho Mirage, Palm Desert, and Indian Wells). The sweeping costs paid by these jurisdictions range from $20 to $24 per curb mile. The current funding amount of $130,000, includes facilities that are due to come online during Fiscal Year 2002/2003. Attachment 1 is the proposed Maintenance Services Agreement between the City of La Quinta and California Street Maintenance, in the amount of $59,280. The proposed fee is calculated at $24 per curb mile or $1,140 per week for 52 weeks. Considering City Council approval of the Maintenance Services Agreement Extension on June 4, 2002, street sweeping services will continue from July 1, 2002 through June 30, 2003. The alternatives available to the City Council include: 1. Approve a one year Maintenance Services Agreement Extension in the amount of $59,280 to California Street Maintenance to provide Street Sweeping Services; or 2. Do not approve a one-year Maintenance Services Agreement Extension in the amount of $59,280 to California Street Maintenance to provide Street Sweeping Services; or 3. Provide staff with alternative direction. Respectfy41y su Roy K. Steprhenson, P.E. IntWrim Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Fi Attachments: 1. Maintenance Services Agreement 002 T:\PWDEPT\COUNCIL\2002\020604d.wpd ATTACHMENT 1 MAINTENANCE SERVICES AGREEMENT THIS MAINTENANCE SERVICES AGREEMENT (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and California Street Maintenance ("Contractor"). The parties hereto agree as follows: 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide those services related to Mechanical Street Sweeping as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Contractor warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with L.aw. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Contractor warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.5 Care of Work. Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Contractor, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Contractor shall not relieve Contractor from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Contractor. 1.6 Additional' Services. In accordance with the terms and conditions of this Agreement, Contractor shall perform services in addition to those specified in the Scope of Services when directed sweeperMSA 020604.wpd Pagel of 14 0 A 1 004 to do so by the Contract Officer, provided that Contractor shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 1 •u I U 9 10Y:WOrkII 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Contractor shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed Fifty -Nine Thousand Two Hundred Eighty Dollars and No Cents ($59,280.00 ) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Contractor's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Contractor wishes to receive payment, Contractor shall submit to City no later than the tenth (loth) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Contractor specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Contractor for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Maieure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contractor, including, sweeperMSA 020W4.wpd Page2 of 14 " 6 605 but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgement such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Tenn. Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 4.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Mr. Rick Anderson b. Ms. Kelley Kessler Mr. Chase Harris It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Contractor and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be Mr. James Lindsey, Maintenance Manager, or such other person as may be designated by the City Manager of City. It shall be Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for City to. enter into this Agreement. Except as set forth in this Agreement, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. sweeperMSA 020604.wpd Page3 of 14 063 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Coo ern ation. City shall provide Contractor with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Contractor only from or through action by City. 5.0 5.1 Insurance. Contractor shall procure and maintain during the term of this Agreement, at its cost, and submit to City for review by City's Risk Manager concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor's acts or omissions rising out of or related to Contractor's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contractor's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers, officials, members, agents, representatives and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Contractor shall carry commercial general liability insurance in the amount of $3,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. Contractor shall carry automobile liability insurance of $3,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Contractor, its officers, any person directly or indirectly employed by Contractor, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contractor's performance under this Agreement. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contractor's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Contractor shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws. All insurance required by this Section shall be: (a) kept in effect during the term of this Agreement and shall not be cancelable, suspendable, avoidable or reduceable without thirty (30) days written notice to City of proposed cancellation and (b) placed with insurers with a BEST rating of no sweeperMSA 020604.wpd Page4 of 14 064 4i 0 0'7 less than A+ Class XIV. A certificate evidencing the foregoing shall be delivered to and approved by the City prior to commencement of the services hereunder. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contractor's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. Contractor shall defend, indemnify and hold harmless City, its officers, employees, representatives and agents, from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, arising out of any liability or claim for liability, for injury to or death of person(s), for damage to property (including property owned by City) and for errors and omissions committed by Contractor, its officers, employees representatives, and agents, which arise out of acts or activities of Contractor's or Contractor's Officers, employees, agents or representatives, whether or not such act or activity is authorized by this Agreement, except to the extent of such loss as may be caused by City's own negligence or that of its officers or employees. 5.3 Remedies. In addition to any other remedies City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Contractor to stop work under this Agreement and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Contractor's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractors' performance of work under this Agreement. 1 1 • PR I .30m DMI MIR 6.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning Contractor's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Contractor shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free sweeperMSA 020604.wpd Pages of 14 008 access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Contractor shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Contractor for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Contractor from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Contractor shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 1 0 F I ►I s all 5 u►•: em I Iu► 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in sweeperMSA 020604.wpd Page6 of 14 nr;r, 009 the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Contractor sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Contractor in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Contractor requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Contractor. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contractor. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination For Default of Contractor. If termination is due to the failure of Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Contractor for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. sweeperMSA 020604.wpd Pagel of 14 41 f i 010 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.1 Non -liability of City Officers and E=loyees. No officer or employee of City shall be personally liable to Contractor, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Contractor warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: CITY OF LA QUINTA Attention: James Lindsey 78-495 Calle Tampico P.O. Box 1504 La Quinta, CA 92253 To Contractor: CALIFORNIA STREET MAINTENANCE Attention: Mr. Rick Anderson 1918 West 10' Street Gardena, CA 90247 (310) 538-5888 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. sweeperMSA 020604.wpd Page8 of 14 0 S R. Oil 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Seve�. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgement or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Auto. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, a California municipal corporation Dated: John J. Pena, Mayor ATTEST: June Greek, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney Contractor: California Street Maintenance LIM Name: Title: sweeperMSA 020604.wpd Page9 of 14 069 012 Exhibit A Scope of Services Services to be Provided: 1. California Street Maintenance shall furnish all necessary materials, equipment, labor, and incidentals as required to perform street sweeping for the City of La Quinta. The work involved shall include mechanical and/or manual sweeping of all curbed flow -lines, including all cross gutters, streets and paved center median islands. The areas to be swept consist of all designated streets located within the northern portion of the City as illustrated within Attachment 1, which is made a part of this agreement. Each of the streets identified shall be swept a minimum of once per week. 2. Performance Standards Street sweeping shall be performed in accordance with accepted standards for routine and emergency municipal street cleaning. Additional performance standards include: A. When necessary for proper street cleaning, more than one pass will be made on the street without additional charge; B. Additional sweeps requested by the City of La Quinta for unsatisfactory performance shall be responded to immediately; C. The City reserves the right to add additional streets and/or other right-of-way to the street schedule. The contractor shall provide any additional sweeping services at the agreed upon per curb mile cost; D. Contractor shall maintain the sweeping schedule as approved by the City of La Quinta and shall maintain standby equipment to be used in the event of equipment breakdown or an emergency; E. Sweeping in residential areas shall not commence prior to 7:00 a.m. F. Sweepers shall not be operated faster than 10 mph when sweeping paper, leaves or light trash, 5 mph when sweeping normal accumulation of dirt, sand and gravel, and 3 mph when sweeping heavy accumulation of dirt, sand and gravel. G. Contractor shall make arrangements with the Coachella Valley Water District (CVWD) to obtain and pay for water necessary for street sweeper operations. The City of La Quinta shall review and approve water access locations. H. The City of La Quinta shall be the sole authority for canceling scheduled street sweeping due to inclement weather. When inclement weather prevents adherence to the regular sweeping schedule for two or less days in a given week, the sweeping areas so affected by sweeperMSA 020604.wpd Page10 of 14 1 1 ~ n . 4 013 the inclement weather shall be swept within seven days of the scheduled sweeping without interruption of regular sweeping schedule. Contractor shall perform all make up work due to inclement weather without additional charge. I. In the case of prolonged inclement weather, the City, at its discretion, will consider the Contractor's request to eliminate sweep days not completed. If sweep days are eliminated, the Contractor shall credit the City for curb miles not performed. Contractor shall not sweep on Saturday, Sunday or City recognized holidays. K. Consultant will submit a list of the type of equipment to be utilized, including the year, make and model of each sweeper proposed for providing these services to the City for approval. At a minimum the Contractor shall provide two (2) primary and one (1) back up sweeper. The two primary sweepers shall be regenerative air vacuum sweepers that comply with South Coast Air Quality Management (AQMD) Rule 1186. L. Contractor shall develop a weekly sweeping schedule for approval by the City of La Quinta. At a minimum, each street shall be swept as soon as possible following the weekly trash collection. M. Contractor shall spray street with water during street sweeping operations to the extent required to minimize blown dust/dirt in compliance with AQMD - PM10 requirements. sweeperMSA 020604.wpd Pagel of 14 471 014 Exhibit B Schedule of Compensation Payment shall be provided to the Contractor for services rendered based upon each curb mile swept. Compensation shall be provided at $24.00 per curb mile. Total compensation for all work under this contract shall not exceed Fifty Nine Thousand Two Hundred Eighty Dollars and No cents ($59,280.00 ) except as specified in Section 1.6 - Additional Services of the Agreement. The following is a summary of costs to provide the services outlined within Exhibit A of this Agreement for Mechanical Street Sweeping Services. Item Description Unit Est. Qty Unit Cost Extended Cost Street Sweeping Linear Mile 47.5 $24.00 $1,140.00 per week sweeperMSA 020604.wpd Page12 of 14 0 7 015 Exhibit C Schedule of Performance Contractor shall complete all services within Three Hundred Sixty -Five (365) days , from July 1, 2002 to June 30, 2003 sweeperMSA 020604.wpd Page13 of 14 073 .,r 016 Exhibit D Special Requirements The City of La Quinta shall provide the Contractor with a disposal site for the refuse collected within the City of La Quinta Corporate Boundary. The City of La Quinta shall be responsible for disposal for this refuse. sweeperMSA 020604.wpd Page14 of 14 074 01( Tit!t 4 4Q" COUNCIL/RDA MEETING DATE: June 4, 2002 ITEM TITLE: Approval of a One -Year Contract Extension for the Citywide Landscape Maintenance Contract for Fiscal Year 2002/2003 Approve a one-year contrac Contract (LMC 2000/2001) $531,785. AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: t extension for the Citywide Landscape Maintenance with Lundeen Pacific Corporation, in the amount of Adequate funds for Citywide Landscape Maintenance have been proposed in the Fiscal Year 2002/2003 budget, Account Number 101-454-609-000. The Citywide Landscape Maintenance Contract is funded through Lighting and Landscape Assessment District funds and the General Fund; therefore, prevailing wages were not required during the bidding process. This may have resulted in a cost savings to the City. On July 5, 2000, the City Council awarded a contract for the Citywide Landscape Maintenance to the lowest responsible bidder, Lundeen Pacific Corporation, in the amount of $470,226. Additional areas of landscape maintenance have been added throughout Fiscal Year 2001 /2002 by means of Change Orders. Presently, the Landscape Maintenance Contract is $531,785. The contract bid was approved with the provision to allow yearly extensions of the contract based on the performance of the contractor. This provides for a savings in cost and time, as opposed to rebidding the project each year, and the savings and liability connected with having a contractor familiar with the work continue the maintenance of the landscaped areas. The City is also provided with the ability to terminate the contract throughout the year or not extend the contract in future years, if the contractor is not performing satisfactorily. Based on Lundeen Pacific 0.75 Corporation's past performance and their familiarity with the required work, it is recommended that the City Council approve a one-year extension of the Citywide Landscape Maintenance contract with Lundeen Pacific Corporation. The alternatives available to the City Council include: 1 . Approve a one-year contract extension for the Citywide Landscape Maintenance contract with Lundeen Pacific Corporation in the amount of $531,785; or 2. Do not approve a one-year contract extension for the Citywide Landscape Maintenance contract and authorize staff to rebid the Citywide Landscape Maintenance contract; or 3. Provide staff with alternative direction. Respectfyily sjihr fed, Stephenson, P.E. " im Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Citywide Landscape Maintenance Contract 076 020604e.wpd �� 002 ATTACHMENT 1 SECTION 1300 THIS AGREEMENT, made and entered into this e day of June, 20M, by and between the CITY OF LA QUINTA, CALIFORNIA, a Municipal Corporation, hereinafter designated as "CITY" and Lundeen Pacific Comoration, hereinafter referred to as "CONTRACTOR." WHEREAS, on June 22, 2DM, CITY invited bids for landscape maintenance services for CITY maintained properties per specifications; and WHEREAS, pursuant to said invitation, CONTRACTOR submitted a bid which was accepted by CITY for said services. WHEREAS, on July 5, 2M, the City Council entered into an agreement with Lundeen Pacific Corporation to complete citywide landscape maintenance services for the fiscal year 2000/2001, for a total bid sum of 470,226.48. WHEREAS, throughout the fiscal year 2001/2002 contract, nine change orders were signed by both parties, increasing the total contract amount to $531,784.88. WHEREAS, the bid was approved by the City Council, allowing for yearly extensions of the contract based on the CONTRACTOR'S performance and agreement by both parties. WHEREAS, the contract renewal date is July 31, 2942, to provide citywide landscape maintenance services from August 1, 2DM, through July 31, 2DM. WHEREAS, it has been deemed that the CONTRACTOR has performed services for the citywide landscape maintenance satisfactorily and has requested an extension of the contract. WHEREAS, a spreadsheet indicating areas and limits of work has been revised to include all approved changes to date has been included as part of the contract and is attached as Exhibit A. NOW, THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows: A. TERMS OF AGREEMENT: This Agreement shall be from August 1, 2002, until July 31, 20U, or such later date as may be agreed between parties. B. CITY'S OBLIGATIONS: For furnishing services, as specified in this Agreement, CITY will pay and CONTRACTOR shall receive in full compensation, therefore, the total sum of Eiy-e hundred thirty-one thousand seven hundred eighty-four and 88/100 Dollars ($531,784,88), as required in the bid documents and the approved Contract Change Orders No. 1 through No. 9. 077 �V i , C. CONTRACTOR'S OBLIGATIONS: For, and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by CITY, CONTRACTOR agrees with CITY to furnish the services and to do everything required by this Agreement and the said specifications. D. HOLD HARMLESS AND INDEMNIFICATION: CONTRACTOR agrees to defend, indemnify, and hold harmless CITY, and its officials, officers, employees, representatives, and agents, from and against all claims, lawsuits, liabilities or damages of whatsoever nature arising out of or in connection with, or relating in any manner to, any act or omission of CONTRACTOR, his agents, employees, and subcontractors and employees thereof in connection with the performance or nonperformance of this Agreement. The CONTRACTOR shall thoroughly investigate any and all claims and indemnify the CITY and do whatever officers, employees, agents, and representatives as to any such claims, lawsuits, liabilities or damages. E. AMENDMENTS: Any amendment, modifications, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval of the City Council of the CITY. F. TERMINATION: If, during the term of this Agreement, CITY determines that CONTRACTOR is not faithfully abiding by any term or conditions contained herein, CITY may notify CONTRACTOR in writing of such defect or failure to perform; which notice must give CONTRACTOR a ten-day notice of time thereafter in which to perform said work or cure the deficiency. If CONTRACTOR has not performed the work or cured the deficiency within the ten (10) days specified in the notice, such shall constitute a break of this Agreement and CITY may terminate this Agreement immediately by written notice to CONTRACTOR to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under this Agreement except, however, any and all obligations of CONTRACTOR'S surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the termination hereof. In said event, CONTRACTOR shall be entitled to the reasonable value of its services performed from the beginning of the period in which the breach occurs up to the day it received CITY'S Notice of Termination, minus any offset from such payment representing the CITY'S damages from such breach. CITY reserves the right to delay any such payment until completion of confirmed abandonment of the project, as maybe determined at the CITY'S sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall CONTRACTOR be entitled to receive in excess of the compensation quoted in its bid. G. INCORPORATION BY REFERENCE The Notice Inviting Bids, the General Bid Terms and Conditions, the Special Bid Terms and Conditions, Bid Submission Form(s), and the Bid Specifications, are hereby incorporated in and made a part of this Agreement. H. COMPLETE AGREEMENT: This written Agreement, including all writings specifically incorporated hereby in reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and 078 1� 005 specifically incorporated herein shall be or any force or effect, not shall any such oral agreement, understanding, or representation be binding upon the parties hereto. ANTI -DISCRIMINATION: In the performance of the terms of this Agreement, CONTRACTOR agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, or religion of such persons. Violation of this provision may result in the imposition of penalties referred to in Labor Code Section 1735. AUDIT: CITY shall have the option of inspection and/or auditing all records and other written materials used by CONTRACTOR in preparing its statements to CITY as a condition precedent to any payment to CONTRACTOR. K. NOTICE: All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: CITY: Office of the City Clerk City of La Quinta P.O. Box 1504 La Quinta, CA 92253 CONTRACTOR: Lundeen Pacific Corporation P.O. Box 13301 Palm Desert, CA 92255 L. LITIGATION COSTS: In the event an action is filed by either party to enforce any rights or obligations under this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and court costs, in addition to any other relief granted by the court. M. AUTHORITY O EXECUTE AGREEMENT: Both CITY and CONTRACTOR do covenant that each individual executing this Agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. 0 own IN WITNESS WHEREOF, the parties hereto have executed this Agreement at La Quinta, California, the day and year first above written. CITY OF LA QUINTA, CALIFORNIA A Municipal Corporation JOHN J. PENA, MAYOR ATTEST: June S. Greek, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONTRACTOR: LUNDEEN PACIFIC CORPORATION Name: Title: 1:1 "1., 00 T4ht " AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: June 4, 2002 ITEM TITLE: Approval of Restated and Amended Employment Agreement between the City of La Quinta and the City Manager RECOMMENDATION: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the restated and amended employment agreement between the City of La Quinta and the City Manager. FISCAL IMPLICATIONS: Adequate funds have been budgeted in account 101-102-501-000, City Manager's Office -Salaries, Full Time, for fiscal year 2002/2003. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Pursuant to the agreement between the City and Thomas P. Genovese, City Manager dated July 1, 2002, the City Council may increase the salary and/or benefits of the City Manager based on an annual evaluation. Provided as Attachment 1 is the restated and amended employment agreement between the City and Thomas P. Genovese, City Manager, which provides contract terms and a modification to the salary component of the agreement. ME FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve the restated and amended employment agreement between the City of La Quinta and the City Manager; or 2. Do not approve the restated and amended employment agreement between the City of La Quinta and the City Manager; or 3. Provide staff with alternative direction. Respectfully submitted, John amirez, Assistant City'Attorney Approved for submission by: ` Thomas P. Genovese, City Manager Attachments: 1. Restated and Amended Employment Agreement RESTATED and AMENDED EMPLOYMENT AGREEMENT THIS RESTATED AND AMENDED EMPLOYMENT AGREEMENT (the "Agreement") is made and entered into this 1st day of , July 2002, by and between the City of La Quinta, a public body (the "City" or "Employer"), and Thomas P. Genovese, an individual (the "Employee"), both of whom understand as follows: WITNESSETH: WHEREAS, the City desires to employ the services of said Thomas P. Genovese as the City Manager as provided by the La Quinta Municipal Code; and WHEREAS, it is the desire of the City to establish certain conditions of employment and to set working conditions of said Employee; and WHEREAS, Employee desires to accept employment as City Manager of said City. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1. Duties. Employer hereby agrees to employ said Thomas P. Genovese as City Manager of said City to perform the functions and duties specified in the La Quinta Municipal Code and as provided by state or federal law and to perform other legally permissible and proper duties and functions as the City Council shall from time to time assign. Section 2. Term. A. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Council acting for the City to terminate the services of Employee at any time, with or without cause subject only to the provisions set forth in Section 4, paragraphs A and B, of this Agreement. B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from his position with Employer, subject only to the provision set forth in Section 4, paragraph C, of this Agreement. 080 WK C. Employee, with prior written approval of the City Council, may undertake outside professional activities for compensation, including consulting, teaching, speaking and writing provided they do not interfere with Employee's normal duties and are done only during vacation or holiday time of Employee and are not done with any existing vendors or contractors of the City. Under no circumstances shall such outside activities create a conflict of interest with the duties of the City Manager and the interests of the City. Section 3. Suspension. Employer may suspend the Employee with full pay and benefits at any time during the term of this Agreement. Section 4. Termination and Severance Pay. A. In the event Employee is terminated by the City Council during such time that Employee is willing and able to perform his duties under this Agreement, then in that event Employer agrees to pay Employee a lump sum cash payment equal to six months salary; provided, however, that in the event Employee is terminated for willful misconduct as defined in Section 2.08.160 of the Municipal Code, then, in that event, Employer shall have no obligation to pay the severance sum designated in this paragraph. B. In the event Employer at any time during the term of this Agreement reduces the salary or other financial benefits of Employee in a greater percentage than an applicable across-the-board reduction for all employees of Employer, or in the event Employer refuses, following written notice, to comply with any other provision benefiting Employee herein, or the Employee resigns following a formal suggestion by the City Council that he resign, then, in that event, Employee may, at his option, be deemed to be "terminated" at the date of such reduction or such refusal to comply within the meaning and context of the severance pay provision in paragraph A above. C. In the event Employee voluntarily resigns his position with Employer before expiration of the above -referenced term of his employment, then Employee shall give Employer sixty (60) days notice in advance, unless the parties otherwise agree. Section 5. Disability. If Employee is permanently disabled or is otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or health for a period of six (6) successive weeks beyond any accrued sick leave, Employer shall have the option to terminate this Agreement. Termination pursuant to this Section would not subject the City to payment of severance benefits as specified under Section 4 above. However, Employee shall be compensated for any accrued sick leave, vacation, holidays, administrative leave and other accrued benefits on the same basis as any other employee or the City pursuant to the Personnel Rules. Section 6. Salary. Employer agrees to pay Employee for his services rendered pursuant hereto an annual base salary of $ 135,000 effective July 1, 2002, payable in equal installments at the same time as other employees of the Employer are paid. Employer agrees to increase said base salary and/or other benefits of Employee in such amounts and to such extent as the City Council may determine that it is desirable to do so on the basis of an annual evaluation which shall be initiated no later than the end of May 30 of each year. Section 7. Hours of Work. It is recognized that Employee must devote time outside the normal office hours to business of the Employer. Administrative leave shall be as provided in the City Personnel Rules. Section 8. Automobile. Employee shall provide his own automobile. City shall provide a $550.00/month automobile allowance as well as gasoline reimbursement pursuant to the City approved policy. Section 9. Vacation and Sick Leave. Employee shall accrue, and have credited to his personal account, vacation and sick leave as provided for the City Manager pursuant to the Personnel Rules. Effective July 1, 2000, an additional 10 days of vacation shall be added to the vacation specified in the Personnel Rules Section 10. Other Benefits. Employee shall be provided with the same health, dental, vision, life insurance and retirement benefits as other general employees of the City. Employee may receive an annual physical examination at City expense. 00C Section 1 1. Other Terms and Conditions of Employment. A. The City Council, in consultation with the City Manager, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the Municipal Code or any applicable state or federal law. B. All regulations and rules of the Employer relating to vacation and sick leave, retirement and pension system contributions, holidays and other fringe benefits and working conditions as they now exist or hereafter may be amended, also shall apply to Employee as they would to other employees of Employer, in addition to said benefits enumerated specifically for the benefit of employee accept as herein provided. Section 12. Notices. Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows: EMPLOYER: CITY OF LA QUINTA Post Office Box 1504 La Quinta, CA 92253 EMPLOYEE: Thomas P. Genovese Post Office Box 381 La Quinta, CA 92253 Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service. Section 13. General Provisions. A. The text herein shall constitute the entire agreement between the parties. B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee. C. This Agreement shall become effective commencing July 1, 2002. D. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force 08 F and effect. 007 IN WITNESS WHEREOF, the City of La Quinta has caused this Agreement, to be signed and executed in its behalf by its Mayor, and duly attested by its City Clerk, and the Employee has signed and executed this Agreement, both in duplicate, the day and year first above written. EMPLOYER: CITY OF LA QUINTA By: Its: Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attor ey EMPLOYEE: Thomas P. Genovese 008 T4tyl 4 s(P Q" COUNCIL/RDA MEETING DATE: June 4, 2002 Authorization for Overnight Travel for Three Members of the City Council and the City Manager to Attend the League of California Cities Executive Forum in Monterey, California to be Held July 24, 25 and 26, 2002. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 9- STUDY SESSION: PUBLIC HEARING: Approve authorization for overnight travel for three members of the City Council and the City Manager to attend the League of California Cities Executive Forum in Monterey, California to be held July 24, 25 and 26, 2002. FISCAL IMPLICATIONS: Expenditures for this conference are estimated as follows: • Registration $ 375 • Travel $ 300 • Hotel $ 600 • Meals $ 300 Total $1575 TOTAL (for four) $6300 Funds for this conference attendance are available in the Legislative Program's Travel, Training and Meetings Account (#101-101-637-000) and the City Manager's Office Travel, Training and Meetings Account (#101-102-637-000). CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The League of California Cities is offering a Mayors and Council Members Executive Forum in Monterey, California, July 24, 25 and 26, 2002 (Attachment 1). This event will focus on homeland security and other major issues facing our cities. Mayor Pena, Council Member Henderson and Council Member Adolph have expressed an interest in attending this meeting. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council are: 1. Approve authorization for overnight travel for three members of the City Council and the City Manager to attend the League of California Cities Executive Forum in Monterey, California to be held July 24, 25 and 26, 2002; or 2. Do not approve the request for overnight travel; or 3. Provide staff with further direction. Respectfully submitted: Susan Matthew, Management Assistant Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. League of California Cities Executive Forum Announcement IM LEAGUE OF CALIFORNTR CITIES I A00 h S*l'REFf S.ICROIEN7'0. CA 9i8l i 910 Ois.S?IIII ATTACHMENT 1 Mayors and Council Members Executive Forum Wednesday - Friday, July 24-26, 2002 Monterey Conference Center, Monterey, California "We must open lines of communication and support like never before, between agencies and departments, between federal and state and local entities, and between the public and private sectors. We must be task -oriented. The only turf we should be worried about protecting is the turf we stand on. " -Homeland Security Director Tom Ridge This conference will focus on homeland security and other major issues facing our cities. If you are a Mayor, Council Member, or City Manager, you'll benefit by ... ■ Hearing TONY COLE, FORMER DEPUTY MAYOR OF NEW YORK CITY, speak on Exercising Leadership in Extraordinary Times ■ Hearing GLEN HIEMSTRA, FUTURIST, examine how your role as a mayor or council member may be different in the future ■ Hearing RONALD BLATMAN, EXECUTIVE PRODUCER, Public Broadcasting System, speak on "Cities That Live and Cities That Die" ■ Learning steps your city can take to establish homeland security and emergency procedures • Attending briefings on transportation, municipal bonds, and other hot topics ■ Making and renewing valuable contacts and friendships TT The Executive Forum includes the final parts of a series of programs in the Basic Level of the Elected Officials Leadership Academy (EOLA). It also contains some sessions necessary for the completion of the Advanced Level of EOLA, as indicated by two torches. More information on the Academy is available at the Forum or online at: www.cacities.org. Hotel Reservation Deadline: Friday, June 28, 2002 Advance Conference Registration Deadline: Friday, June 28, 2002 9LfiL age Wednesday 11:00 a.m. - 5:00 p.m. 1:30 - 3:00 p.m. 3:15 - 5:15 p.m. 7:30 - 9:30 p.m. Mayors and Council Members Executive Forum Preliminary Program July 24, 2002 Registration and CityBooks Open - Portola Lobby, Monterey Conference Center Opening General Session EXERCISING LEADERSHIP IN EXTRAORDINARY TIMES Many changes have occurred since September 11, 2001, and some of these changes are influencing our leadership methods. Hear a first-hand account of how reinventing and reengineering the government of New York City assisted the city in dealing with the terrorist attacks of 9/11/01. Learn how city government can use team building, leadership and crisis management to overcome almost insurmountable obstacles. Speaker Tony Cole, Former Deputy Mayor, New York City, 1994-2002 General Session HOMELAND SECURITY - A FEDERAULOCAL PERSPECTIVE The tragic events of September 11, 2001, show just how critical it is for national and local government to have coordinated and comprehensive counter -terrorism strategies. Learn how federal and state government agencies are working with local governments to manage and strengthen protections against terrorist threats or attacks in the United States. KEEPING CITIES TURNED ON The energy crisis might seem to be over, but there are still many issues affecting cities before the State Public Utilities Commission (PUC). These issues can not only affect cities' funds (e.g. utility taxes) but also authority and security. The League is working closely with the PUC to achieve mutually satisfactory policies and programs. Hear from the Chair of the PUC, what opportunities the future holds. Speaker: Loretta Lynch, President, California Public Utilities Commission, Sacramento HOSTED DESSERT RECEPTION (no host cocktails) - Monterey Bay Aquarium After dinner on your own, join your friends for a dessert and coffee reception as you marvel at the wonderful exhibits at the aquarium. Buses will depart the Monterey Conference Center every 15 minutes starting at 5:45 p.m. - Plan dinner on Monterey's famous Cannery Row or elsewhere - or do a little shopping prior to the reception and then finish your evening at the Aquarium. 091 Page 2 005 Thursday July 25, 2002, continued 7:00 a.m. - 5:00 p.m. Registration and CityBooks Open 7:15 - 8:30 a.m. Breakfast Discussions 1. WORKING WITH SPECIAL DISTRICTS - WATER, FIRE, AIR, AIRPORTS, T tv SCHOOLS, ETC. T Most cities have or are affected by special districts. What can be done to assure good working relations? This session will provide useful ideas and solutions. II. WE HAVE THE TECHNOLOGY - NOW WHAT? T T This session builds upon the last two technology sessions at the Mayors and Council Members Institutes, and is designed to be a workshop for those interested in learning more about some of the problems, solutions and options that technology may offer them. Come prepared with real problems and solutions to share. 111. AB680 SALES TAX REDISTRIBUTION AND STATEWIDE IMPLICATION T AB 680 has raised concerns across the state. The measure would redistribute local sales tax revenues to reward local agencies that complied with a number of state -determined regional priorities and, conversely penalize those that do riot comply. City officials throughout California may soon find the Legislature increasing its efforts to impose regional goals and structures in an attempt to promote better land use decision -making and encourage shared participation by cities and counties in addressing environmental problems and social responsibilities. Is there a middle ground in this debate and are there other regional cooperation models that cities can adopt? Join in the discussion. IV. CONNECTING WITH OUR YOUTH AND OUR SCHOOLS T T Increasingly, cities and schools are working together on common concerns. One very powerful and beneficial area of common interest is assuring students are knowledgeable with and connected to their community. This session, in conjunction with educators who are participating in a separate workshop in Monterey, will provide a unique chance to learn how you can create novel and powerful partnerships with teachers in your city to help students develop a strong sense of citizenship and civic engagement. V. NETWORKING BREAKFAST: CONNECTING WITH COLLEAGUES For those who prefer to informally network and exchange ideas. 8:45 - 9:45 a.m. General Session BUILDING THE MOMENTUM - STRAIGHT TALK FROM CHRIS AND JOHN The League's dynamic duo of Chris McKenzie and John Russo will give you straight talk on vital areas of concern to elected officials. They will examine how mayors and council members can promote issues like protecting local resources by supporting state-wide programs such as "Leave Our Community Assets Local" (LOCAL). 10:00 -10:45 a.m. Keynote CITIES THAT LIVE AND CITIES THAT DIE There are 477 incorporated cities in California. How can you prevent your city from becoming a ghost town like Bode. Sound extreme? Maybe not. Listen to some interesting insights from a man who created the four hour PBS series, "Cities That Live, Cities That Die". Find out why cities are important and how to make downtowns and the neighborhoods that surround them better places. Speaker: Ronald M. Blatman, Executive Producer, Public Broadcasting System, San Francisco `ple 3 I S Thursday July 25, 2002, continued 11:00 a.m. -12:15 P.M. Concurrent Sessions 1. AMERICAN SMALL BUSINESSES: DRIVING INNOVATION AND CREATING JOBS What can the Small Business Administration do for a city and its economy? Listen to an SBA representative outline an economic template and examine how to create a city economic stimulus package for businesses. 11. IMPROVING THE "MARRIAGE" BETWEEN COUNCIL AND CITY MANAGER T If you are to be successful on the council, you need to work at having an effective relationship not merely among council members, but also with your city manager. What can you do to enhance this "marriage", so that each understands the other and is able to provide what the other needs to be successful. This session will provide valuable and practical tips. III. DEVELOPING A COUNCIL POLICY MANUAL T T Learn about the subjects needed in a policy manual and the problems and barriers encountered during the development process. Once completed, the policy manual should serve as a valuable tool for mayors and council members in conducting your city's business efficiently and respectfully. IV. TERRORISM RESPONSE PLANS AND YOUR CITY T Since September 11, 2001, terrorism has gone from fiction to reality. Federal, State and local governments have developed and initiated new plans to combat biological and chemical terrorism. The success of such plans depends on the development of a community of local, State and Federal agencies and volunteer organizations that communicate and interact prior to emergencies. V. MOVING ON: LIFE AFTER COUNCIL IN THE PUBLIC SECTOR What happens when local officials move to other offices? More local officials are being elected to the Legislature as a result of term limits. Learn how officials politically move on. Gain a new perspective on how it changes one's outlook and priorities. Discuss how to apply your city experience at the state or national level, and how you can have influence at those levels. Learn from the experiences of those who have "been there, done that". (CEWAER sponsored session) 12:15 - 1:45 p.m. General Luncheon MANAGING THE GENERATION MIX One of the major concerns in the contemporary workplace is dealing with generational issues. This discussion will assist you to develop a practical understanding of the values and attitudes that motivate persons of various age groups. Gain valuable insight into what they are thinking and what "Best Practices" to utilize when interacting with them. Speaker: Carolyn A. Martin, Ph.D., Dean of Faculty, Rainmaker Thinking, Inc. 2:00 - 3:15 p.m. Concurrent Sessions 1. GENERATIONAL DIFFERENCES IN THE COMMUNITYT T During the luncheon session you heard about the four dynamic generations in the workplace. Now it's time to learn what to do to overcome one of the greatest organizational challenges of the 21st century: the generation mix. In this session you will learn how to bridge the understanding gap among generations to clear the obstacles for more productive relationships. 091 1 Speaker: Carolyn A. Martin, Ph.D., Dean of Faculty, Rainmaker Thinking, Inc. OUT 4 Thursday 2:00 - 3:15 p.m. 3:45 - 5:00 p.m. July 25, 2002, continued Concurrent Sessions, continued 11. CHARTER VERSUS GENERAL LAW CITIES - UNDERSTANDING TYPES OFT GOVERNMENTS WITHIN CITIES All cities are not alike. Some mayors are elected and the council appoints some. Learn the differences among California cities and how these differences may affect relationships between the mayor, the city council, and the staff. 111. WATER QUALITY ISSUES - WHAT ELECTED OFFICIALS NEED TO KNOW T T Why should elected officials know or care about water quality issues? Learn why storm water and waste water issues are not just the domain of your city engineer or public works director. Gain an understanding of the new federal and state water quality requirements that are coming to your city -- if they have not already arrived. IV. EFFECTIVE GOVERNANCE PROCESSES - PART 1 T Councils struggle with how to ensure that their goals are accomplished, how they can hold staff accountable, and how they can best engage the public in the deliberative and decision - making processes. This workshop will provide a new way of approaching these challenges. It will assist you to see more clearly how the council can set clear policies which allow staff to perform at -their best, yet still be accountable to you. You will gain a fresh perspective and be provided with new tools to handle your changing relationship with the public. It will help you rethink how the council conducts its business and what you can do to improve its procedures. V. CALIFORNIA FILM INDUSTRY AND LOCAL GOVERNMENT Can the making of major motion picture in your city be a benefit? What are the requirements to obtain permits for filming? How is the community changed after the film crews leave? Listen to a film industry leader and a city official discuss the pros and cons of filming "on location". Concurrent Sessions 1. COMPUTER BASED INFORMATION TECHNOLOGY WORKSHOP T T Advances in technology continue to increase operational efficiency and enhance city operations. This initial informational session will highlight cutting -edge technologies in the areas of software, website development, records, information management systems, and more. Be sure to visit the mini -Technology Expo to examine some of this technology first-hand. 11. TERRORISM AND PUBLIC SERVICES: LESSONS LEARNED This session will examine the problems and solutions that public service organizations from communities throughout California have faced since September 11. This expert panel, composed of Fire and Police Officials from diverse cities, will discuss both the problems their organizations have faced and the solutions they developed and initiated. III. EFFECTIVE GOVERNANCE PROCESSES -PART 119 This session is a continuation of the session that started at 2:00 p.m. IV. CITY COUNCIL EMERGENCY PROCEDURES What if someone threatens your city council meeting? What do you do? Who is in charge? How is security notified? Do you have a plan? Many of these questions require answers BEFORE it happens. Join in this facilitated discussion of what other cities have experienced and what emergency plans and procedures they have established. W 0 0 8 Page 5 Thursday July 25, 2002, continued 3:45 - 5:00 p.m. Concurrent Sessions, continued V. REGIONAL PLANNING T T Cities are in counties and counties make up the state. Everyday we cross boundaries for work and play. Focusing only on city improvements and economic development may now be short sighted. Cities work together and so should cities and counties. Explore some successful ways of doing this. 4:00 - 6:00 p.m. General Session TECHNOLOGY MINI -EXPOSITION This mini -exposition will build upon the information provided in the previous information technology workshop. Attendees will have the opportunity to examine and test the latest technology and speak one-on-one with vendors about the unique benefits and costs of emerging technological applications. 5:00 - 6:15 p.m. CELEBRATING SUCCESS! This hosted reception will honor those cities that have achieved the AB939 50% waste diversion goal in 2000. Join the League, the California Integrated Waste Management Board and others in celebrating their success. 6:00 - 7:30 p.m. Latino Caucus Reception Friday July 26, 2002 8:00 a.m. - Noon Registration and CityBooks Open 7:30 - 8:45 a.m. Breakfast Forums 1. MOVING ON: LIFE AFTER COUNCIL IN THE PRIVATE SECTOR Where do you go from here? Being elected to the Legislature is one option, however, more elected officials return to the private sector. How can you apply your council experience to the private sector and/or community service. Learn from a panel who have moved on to the private sector, and ideas to help you consider other career options after council. tv 11. A COUNCIL MEMBER'S ROLE IN SERVING ON OTHER BOARDS T T As a follow up to the Policy Manual session on Thursday, this discussion takes it a step further and looks at a council members' role in serving on other government boards such as LAFCO or COGS. Ill. ELECTED OFFICIALS LEADERSHIP ROUNDTABLE This interactive session will identify and discuss the future roles, relationships and responsibilities of your position as an elected official. The session will also include a forum on developing council leadership, preparing for and supporting the role of mayors, and what the League can do to support elected officials. IV. THINKING OUTSIDE THE PENALTY BOX Sport is an integral part of American culture; it provides enjoyment for both participants and spectators. Join in this discussion of the unique obstacles and rewards faced by cities with sports teams, whether professional or amateur. You will want to participate in this discussion if your city has a team now or is thinking about having one in the future. 095 009 Page 6 Friday July 26, 2002, continued 7:30 - 8:45 a.m. Breakfast Forums, continued V. ETHICS: BUILDING AND MAINTAINING THE PUBLIC'S TRUST - PART I T As a prelude to the 9:00 a.m. concurrent session, this discussion, lead by the Institute for Local Self Government, will explore ethical issues commonly faced by elected officials. VI. NETWORKING BREAKFAST: CONNECTING WITH COLLEAGUES For those who prefer to network and exchange ideas. Concurrent Sessions 9:00 - 10:30 a.m. 1. ETHICS: BUILDING AND MAINTAINING THE PUBLIC'S TRUST — PART Il You are effective only to the extent the public trusts you. Lose trust and you lose power. What can you do to effectively maintain that trust? As part of the Elected Officials Leadership Academy series on Ethics in Government, the members of the Institute for Local Self Government Ethics Advisory Panel will offer more insights and perspectives. 0C IT 11. FREEWAYS ARE NOT FREE - TRANSPORTATION ISSUES UPDATE T T Explore some of the tough transportation issues affecting cities in California today and in the future. Learn what is happening with water transit, grade crossings, high-speed rail, gasoline additives and vehicle emissions, and how they are going to affect your city. How will Federal cuts in transportation funding effect your city? Learn about the latest development in air quality plans and possible transportation cut backs. Ill. FINANCIAL TOOLS TO REVITALIZE CALIFORNIA COMMUNITIES Interested in revitalizing your community to achieve sustainable development, sound environmental practices and economic opportunity? Examine how to work together with the State Treasurer's Office and other State Agencies to access valuable economic development programs. IV. EXTERNAL RULES AND REGULATIONS GOVERNING YOUR CITY T How do federal, state, and county laws and regulations effect your city? You can lose power and not even know it! What influence and control can be exercised by other local governments? Explore how others may be governing your city and what you can do about it. V. MEETING ANOMOLIES T T This session addresses irregularities at meetings. Following procedures is a standard practice, but how do you effectively deal with gadflys, videotaping, and other distractions during public meetings? This session will help you learn how to effectively deal with the unusual. 10:45 a.m. - Noon Concluding General Session OVER THE HORIZON: CREATING YOUR CITY'S FUTURE The future is not what it used to be. The coming years may see great changes in the nature of communities compared to the industrial cities and suburbs built in the 20th Century. Come on this adventure exploring the powerful driving forces shaping the future and how these drivers will affect the way we live, work, shop, play, learn and govern. This presentation has been compared to Alvin Toffler's work for its depth. Delve deeper into the challenges of understanding this new world, and your role as a leader in Creating Your City's Future. Please see www.futurist.com for more information. Speaker: Glen Hiemstra, CEO, Futurist.com, Kirkland, Washington n c 7 V Noon Adjourn 010 Page 7 Registration Advanced Registration Those who register by Friday, June 28, 2002, will receive in your packet a coupon worth $25 at the CityBooks bookstore at the Institute. Don't miss this great way to expand and share your learning with colleagues at city hall! CityBooks helps increase your leadership skills and professional knowledge in important areas such as strategic planning, community building and economic development. Look for CityBooks in the League registration area. Advanced registration must be postmarked no later than Friday, June 28, 2002. After that date, the coupon is not available, and you must register on site. The registration fee includes program materials, two continental breakfasts, one luncheon, breaks and two receptions. For any questions regarding registration, please contact the League Conference Registration Office at 916/658-8291. REGISTRATION FEE: Elected City Officials .................... $375 Non -Elected City Officials ............. $425 All Others ....................................... $475 Payment In order to process registration, payment in full must accompany the attached form. You may pay your registration fee by check, money order, Visa or MasterCard. No purchase orders, American Express or Discover cards, please. If paying by credit card, you are welcome to register by faxing the registration form to 916/658-8220. Refund Policy Advance registrants unable to attend this meeting will receive a refund of the registration fee, less a $50 processing charge, by submitting a written request to the League of California Cities, Conference Registration Office, 1400 K Street, Sacramento, CA 95814, fax 916/658-8220. Requests for refunds must be received by Wednesday, July 17, 2002. Substitutions may be made, even on -site. Special Accommodations ® If you require reasonable accommodations related to facility access, communication diet, Conference Registrar at 916/658-8291. and/or please contact our Spouses There is no registration fee to attend the Executive Forum for spouses who are not city officials or other public officials. Meal tickets may be purchased on -site at the League Registration Desk. There is no spouses program planned. For further information on events going on in the City of Monterey, contact the Concierge Desk of the hotel. Spouses of guests may attend the dessert reception at the Monterey Bay Aquarium. Tickets are $35 and may be purchased at the Registration Desk. Hotel Reservations Please complete the Hotel Reservation Form and mail or fax it to the Monterey Housing Bureau OR make your hotel reservations on-line at www.cacities.org by clicking on "Upcoming Conferences". Scroll down to Mayors and Council Members Executive Forum (MCI Part 3) and follow the directions to complete the reservation process. Hotel reservations must be received by Friday, June 28, 2002. Reservations require a deposit in the amount of the first night's room rate and tax. If you are unable to attend after making a deposit, the room rate deposit will be refunded if your reservation is cancelled by July 17, 2002. After that date, deposits will be refunded only if the hotel is able to resell the room. P2 9s7 O11 Southwest Airlines Directions Commuter Parking Doubletree Hotel 2 Portola Plaza Monterey, CA 93940 831/619-4511, fax: 831/649-3109 $159 single/double (plus 10% hotel tax) Valet parking is $14 per day, and $12 for self -parking Hotel joins the Monterey Conference Center www.doubletreemonterey.com Monterey Marriott Hotel 350 Calle Principal Monterey, CA 93940 831/649-4234, fax: 831/372-2968 $156 single/double (plus 10% hotel tax) Valet parking is $14 per day, with self -parking nearby for $5 per day www.marriotthotels.com The Southwest Discount airfare program for California local government employees (city/countyYLOCAL) is as follows: Ticket -less travel is good on flights between California cities and Reno, Nevada. Reservations may be made or ticket -less travel by calling Southwest Airlines Reservations: 800-435-9792 (city/countyYLOCAL). Reservations may also be made through any local travel agency. Fares will be unrestricted and fully refundable. Details are posted on the League website at www.cacities.org, use keyword "Southwest". NOTE: Southwest Airlines does not fly into Monterey airport. The closest airport is San Jose. The distance between San Jose and Monterey is approximately 75 miles. To the Conference Center and downtown hotels: From the North on Highway One - Take the Del Monte, Pacific Grove exit. Continue straight for seven stoplights. At the seventh stoplight, get in the left turn lane to continue straight on Del Monte two blocks to the Conference Center. From the Airport/Highway 68 Jrom Salinas - Take the Monterey Fisherman's Wharf exit. At the first stoplight, make a right turn onto Aguajito. Continue on Aguajito until it ends at Del Monte. From Aguajito, make a left onto Del Monte and continue straight for three stoplights. At the third stoplight, get in the left turn lane to continue straight on Del Monte to the Conference Center. From the South/Carmel on Highway One - Take the Aguajito exit. Turn left at the first stoplight (going under freeway). Continue on Aguajito until it ends at Del Monte. From Aguajito, make a left on Del Monte and continue straight for three stoplights. At the third stoplight, get in the left lane to continue straight on Del Monte to the Conference Center. Monterey Conference Center is near the following city operated parking lots. Calle Principal - located on Calle Principal between Franklin and Jefferson Streets. East Custom House - located on Washington Street between Franklin Street and Del Monte Avenue (coin operated ticket dispenser; quarters only). West Custom House - located on Tyler Street between Franklin Street and Del Monte Avenue. I 01 42! Page 9 City/County/Agency: Mayors and Council Members Executive Forum Wednesday - Friday, July 24-26, 2002 Monterey Conference Center, Monterey, California Enter first and last name and official title as they should Advance Registration: appear on meeting badge and registration card. Please indicate spouse's name, if attending (if spouse is not a city or Full Forum public official). If more than one registrant per city is Elected City Officials .............. registering on this form, please attach a list of names and Non -Elected City Officials...... titles. All Others ................................ Name Title City Spouse Registration receipts will be mailed to the address designated below. Please provide the following: Address City Zip Code E-mail Telephone Fax League Board policy allows city officials who wish to join a Board recognized diversity group to do so in conjunction with this conference. Simply check on this registration form which caucus(es) you wish to join and include the dues when you remit the conference registration fee. ❑ I want to join the Latino Caucus; enclosed are my yearly dues of $100. # Registering Name(s) ❑ I want to join the African American Caucus; enclosed are my yearly dues of $75. Na ®If you require reasonable accommodations related to facility access, communication and/or diet, please contact our Conference Registrar at 916/658-8291. One Day Only (u $375 C. $425 C $475 Total $ Elected City Officials .............. a $230 Non -Elected City Officials...... a $280 All Others ................................ ` $330 Total $ Indicate which day for whom: ❑ Wednesday ❑ Thursday ❑ Friday Name Caucus Dues ...........................................Total $ Payment Information: For those paying by credit card, you may fax this form to the League of California Cities at 916/658-8220. Make checks payable to League of California Cities. (No purchase orders, American Express or Discover cards.) ❑City Check ❑Personal Check ❑Visa ❑MasterCard Name on Credit Card Type of Credit Card Expiration Data Credit Card Number Authorized Signature I . A Please mail to: League of California Cities 1400 K Street, Sacramento, CA 95814 Submit this Registration form by Friday, June 28, 2002, and receive a coupon worth $26 at City Books. NOTE: All cancellations must be submitted in writing and are subject to a $50 processing fee. No refunds will be given for cancellation requests received after Wednesday, July 17, 2002. THIS FORM MUST BE POSTMARKED OR FAXED BY Friday, June 28, 2002. 099 After this date, please register on site. 013 HOTEL RESERVATION FORM i Mayors/ Council MembersForum Wednesday - Friday, July 24-26, 2002 Monterey Conference Center, Monterey, California Book your reservation on-line by going to our website at www.eacities.org and click on Upcoming Conferences OR fill out this form completely and fax to the Monterey Housing Bureau (831) 648-5373. Please make copies of this form if more than one room is to be reserved. If you choose to fax this form, complete the credit card information below. Please do not mail a duplicate copy. Phone reservations will not be accepted. Room assignments are based on a first -come, first -served basis. Name Title Address City Zip Code Telephone Fax Email Arrival Date ❑ AM ❑ PM Departure Date ❑ AM ❑ PM ❑ I am scheduled to attend the EOLA Workshop or the Redevelopment Seminar. Room Preference: ❑ 1 will share a room with: ❑ No smoking room ❑ Handicapped access ❑ Single - King ❑ Double -1 Bed ❑ Double/Double - 2 Beds Deposit Information: All hotels require a deposit in the amount of the first night room rate. Housing forms received without a valid credit card or check deposit will be returned and will not be processed. (No cash deposits accepted.) Checks should be made payable to: MCCVB-HOUSING BUREAU P.O. Box 1770 Monterey, CA 93942 If deposit is by credit card, please provide the following information: Name on Credit Card Type of Credit Card Expiration Date ❑ Visa ❑ Mastercard Credit Card Number I Authorized Signature Please check the hotel of your choice: Doubletree Hotel Monterey (adjacent to Conference Center) $159 single/double (plus 10%hotel tax) Monterey Marriott Hotel (adjacent to Conference Center) $156 single/double (plus 10%hotel tax) If both hotels are unavailable, please process the reservation according to: Comparable room rate Proximity to conference site Confirmation: If you do not receive a confirmation via e-mail, fax or mail within 14 days after any transaction, please contact the Housing Bureau at 1-800-555-6290. Fax completed form to: MONTEREY HOUSING BUREAU - FAX: (831) 648.5373 There is no guarantee on room type, although the hotel will DO NOT return this form to the do everything possible to accommodate your request. League of California Cities RESERVATIONS MUST BE RECEIVED NO LATER THAN 3:00 PM on Friday, June 28, 2002. 00 �1� T4'1�t 4 4 Q" COUNCIL/RDA MEETING DATE: June 4, 2002 Approval of a Request by the United States Congress Committee on Resources to Utilize the Council Chambers on June 14 and 15, 2002 from 10:00 a.m. to 12:00 p.m. for a Sub -Committee on Water and Power Legislative Field Hearing on "The Implementation of the California Plan for the Colorado River - Opportunities and Challenge." RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: (� CONSENT CALENDAR: 7 STUDY SESSION: PUBLIC HEARING: Approve the request of the United States Congress Committee on Resources to utilize the Council Chambers for a Sub -Committee on Water and Power Legislative Field Hearing on June 14 and June 15, 2002 from 10:00 a.m. to 12:00 p.m. FISCAL IMPLICATIONS: In accordance with the Guidelines for Use of Civic Center Facility, facility fees are not applicable. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The United States Congress Committee on Resources has requested that the Council Chambers be made available on June 14 and June 15, 2002 from 10:00 a.m. to 12:00 p.m. for a Sub -Committee on Water and Power Legislative Field Hearing on "The Implementation of the California Plan for the Colorado River - Opportunities and Challenge." The request meets all the requirements of the facility use as contained in the City's Guidelines (Attachment 1). 101 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council are: 1. Approve the request of the United States Congress Committee on Resources to utilize the Council Chambers for a legislative field hearing on June 14 and June 15, 2002 from 10:00 a.m. to 12:00 p.m.; or 2. Do not approve the request of the United States Congress Committee on Resources; or 3. Provide staff with further direction. Respectfully submitted: Tom Hartung Director of Building & Safety Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. City Guidelines 10^ 002 Al I ACHMENT 1 CITY OF L& ounr A I. II. IV. GIIIDSLINSS FOR VS$ OF CIVIC CZNTSR FACILITY 1. Council Chamber - seats 106. 2. Study Session Room - seats 33. 3. Groups are to use the Study Session Room unless the size, of the, group or the, need for audio-visual equipment necessitates use of the Council Chamber. 1. The primary use of the Council Chamber and Study Session Room is for the conduct of meetings for the entities listed below: a) City Council b) Planning Commission c) Community Services Commission d) Design Review Board e) Art in Public Places f) Investment Task Force g) Other City appointed boards, commissions and committees �•; ..r •. ••� ;�ZM6144D 1. Other non-profit and Governmental Agencies, 501(c) entities, that serve residents of La Quinta, may be granted permission by the City Council to use the facilities. 1. A person or group desiring to use Civic Center facilities must file an Application for Use Permit with the City Manager's Office. Applications must be completed and submitted at least three calendar weeks prior to the scheduled event, unless otherwise waived by the City Council. 10j n04 2. All qualified groups using the Council Chamber and Study Session Room must have $S00,000 general liability insurance coverage per occurrence, listing tha, cjt-y_CLf La Ouinta as an additional namPd i naurPd . Groups that do not have insurance may purchase special event insurance through the City's insurance policy. 3. All applicants must indemnify and hold the City harmless from any and all losses and/or claims. Indemnification -forms will be provided by the City and must accompany submittal of the Use Permit Application. 4. Users of the Council Chamber and Study Session Room will be responsible for all damage to the building, .appurtenances thereto, and shall be responsible for reimbursement to the City for any loss or damage to City property caused by such use. S. The City must be notified as soon as possible of any cancellations, so that the facility may be reassigned. 6. Approval shall be granted by the City Council. The City Manager is authorized to permit a use when the Council meeting schedule precludes Council consideration in a timely manner. Approved permits will be issued to the person filing the application prior to the event. 7. In the interest of widest community use of the Civic Center facilities, no one non-profit community group shall use the facility more than eight (8) hours per month.* y� M 1. The City shall charge for after hours use of Civic Center facilities. Said charge is to recover full cost for use of the facility (personnel, equipment, electricity, etc.) and shall be paid prior to the use. The hourly rate shall be established by the Council during the City's Annual Budget Review process. * Governmental Agencies are exempt from this requirement. 104 005, 2. A refundable cleaning deposit is required. The City may withhold all, or a portion, of the deposit if cleanup is required. The deposit will be established based on the use as follows:* (a) Session Room = $200 W Council Chambers (up to-53 people) _ $300 (c) Council Chambers (54 people plus) $500 1. City.owned.audio visual and public address equipment may be used, provided City staff is responsible for its operation. cT 6 • �,779 1. Any proposed use of the Council Chamber or Study Session Room r_eau a 1 y Rnhadulpd shall not meeting. lead'to the . cancellation of a 2. For non -City functions, use of the Chamber and Study Session Room shall not be prior to 8 a.m. or extend beyond 10 p.m. 3. Food, water, and beverages shall not be consumed in the Civic Center facilities. 4. Smoking shall not be permitted, anywhere in the Civic Center. 5. Juvenile organizations shall have adequate supervision when using Civic Center facilities at a ratio of not less than one adult per twenty minors. Disregard of this rule shall be considered cause for immediate cancellation of the Use Permit. 6. Any approved Application for Use of Facilities may be revoked without previous notice where conflicting dates with a City purpose have subsequently developed. For other cause(s), permits may be revoked at any time upon 24 hours notice. * Governmental Agencies are exempt from this requirement. 1O5 006 7. No animals, except those necessary for disability assistance, are permitted in the Civic Center. 8. No admission fees may be charged, unless as a fund- raiser for the organization renting -the facility. 9. These guidelines may be modified at the discretion of the City Council. FY 1993/94 hourly rate for use of the facilities is $32 106 0 .1 T,itit 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: June 4, 2002 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Consideration of Proposals for Marketing PUBLIC HEARING: Services for Fiscal Year 2002-03 RECOMMENDATION: Approve a recommendation by the Marketing Review Committee and authorize the City Manager to negotiate a contract services agreement with AL&Z Advertising for fiscal year 2002-03 marketing services. FISCAL IMPLICATIONS: None at this time. Upon the City Council's selection of a marketing firm, staff will negotiate a contract with the selected firm and present it for future City Council consideration. CHARTER CITY IMPLICATIONS: The City Charter allows the City "to utilize revenues from the general fund to encourage, support and promote economic development." The selected marketing firm will be charged with implementing the City's Fiscal Year 2002-03 Marketing Plan, which is a key tool in promoting and supporting economic development in the City. BACKGROUND AND OVERVIEW: Pursuant to Council direction during the February 5, 2002 meeting, staff prepared a Request for Proposals (RFP) for marketing services for fiscal year 2002-03. The RFP was approved by the Council on March 5, 2002, and subsequently mailed to approximately 60 marketing firms throughout the Coachella Valley and Inland Empire. As reported at the May 7, 2002 City Council meeting, the City received a total of 14 proposals in response to the RFP. The Marketing Review Committee (Assistant City Manager, Community Development Director, Community Services Director, and a Management Analyst) reviewed the 14 proposals and, based on their evaluation and combined scoring, elected to invite seven marketing firms to participate in an interview process. 101 The marketing firm interviews took place on May 20, 2002. Firms were evaluated based on the following categories: RFP responsiveness, project understanding, scope of work methodology/approach, firm experience, creativity, personnel, and timeline. Firms were given 15-20 minutes to talk about their firm and their marketing ideas for the City of La Quinta, followed by a 20-30 minute question and answer period. Committee members scored each firm by category, gave each firm a total and assigned a corresponding ranking number (1-7). After all the interviews had taken place, the committee members' rankings were tallied. The results indicated a noticeable break in scores between the first four firms and the next three. The firm receiving the highest grand total by the Marketing Review Committee, and thus ranked number one, was AL&Z Advertising, a marketing firm based out of Palm Desert. The other firms ranked among the top four include (in alphabetical order): Kiner Goodsell Advertising, McLaughlin Marketing & Communications and Shepherd Public Relations. The evaluation of the marketing programs and services, due to the emphasis on creativity, is naturally subjective in nature (although the process utilized by the Committee attempted to objectively quantify results as best possible). Kiner Goodsell's proposal, as would be expected, generally reflected the Fiscal Year 2002-03 Marketing Plan it proposed for the City. Satisfaction with that Plan, and a desire to continue to build upon existing marketing efforts, may warrant continued retention of Kiner Goodsell. Alternatively, a policy preference to alter the City's marketing structure or "look" in fiscal year 2002-03 may warrant an alternative choice. The 14 marketing proposals, as submitted to the City, are available for review in the City Clerk's Office and the City Manager's Office. If the Council opts to select a marketing firm at this time, staff will proceed with negotiating a contract services agreement with the selected firm. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the recommendation by the Marketing Review Committee and authorize the City Manager to negotiate a contract services agreement with AL&Z Advertising for fiscal year 2002-03 marketing services; or 2. Authorize the City Manager to negotiate a contract with an alternate marketing firm for marketing services for fiscal year 2002-03; or 3. Do not select a marketing firm for the City at this time; or 4. Provide staff with alternative direction. 1 O R 002 Respectfully submitted, Mark Weiss, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager 10. nn. Tity/ 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: :;:L- COUNCIL/RDA MEETING DATE: June 4, 2002 CONSENT CALENDAR: STUDY SESSION: Consideration of Joint Use Agreement with the Boys PUBLIC HEARING: and Girls Club of the Coachella Valley RECOMMENDATION: Approve a Joint Use of Facility and Services Agreement with the Boys and Girls Club of Coachella Valley, La Quinta Unit, with the approval of the modification of City time in the Agreement and authorize staff to utilize the General Fund Account in the amount of $30,000, and CDBG Funds in the amount of $30,000 for the payments. FISCAL IMPLICATIONS: Funds have been identified in the proposed Budget for Fiscal Year 2002-03 for the Boys and Girls Club Agreement with funding allocated in the amount of $30,000 from the City's General Fund and $30,000 from the City's annual CDBG allocation. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Boys and Girls Club of Coachella Valley entered into a lease agreement on February 4, 1992, with the City of La Quinta to construct a facility for providing a variety of children's programs. On June 20, 1994, the facility began offering the programs. At the December 19, 1995, City Council meeting, the Council approved a Joint Use of Facility and Services Agreement with the Boys and Girls Club of Coachella Valley. The agreement term was from January 1, 1996, through June 30, 1996, for an amount not to exceed $30,000. Subsequently, the budgets for fiscal years 1996-97, 1997-98, 1998-99, 1999-2000, 2000-01 and 2001-02 have contained $30,000 from the General Fund and $30,000 from the CDBG Fund. The Riverside County Economic Development Agency funds a portion of the agreement with CDBG funds. Because reports are required of the Boys and Girls Club 110 of Coachella Valley in order to qualify for the CDBG funds, staff has incorporated the reporting requirements as a part of the agreement. The Agreement is divided into two components. The first component is for shared use of the Boys and Girls Club facility in La Quinta. The amount for this portion of the Agreement is $30,000 and provides the City with the ability to use the facility for programs operated Monday through Friday, 7:30 p.m. to 10:00 p.m., and Saturday and Sunday, 9:00 a.m. to 9:00 p.m. The facility offers a games room, gymnasium, cafeteria, computer room and craft room. The Community Services Department provides programs at the facility Monday through Saturday. The City has not used the facility on Sundays since the Joint Use of Facility and Services Agreement arrangement began in 1995. Recently, the City received a request from the JPL Bible Church for the use of the Boys and Girls Club for Sunday services and potentially for future use on Saturdays. This request is provided as Attachment 1. Since the facility has not been utilized by the City on Sundays, the City Council may wish to modify Section 1.2 of the Agreement to reflect Sunday being removed from the City's reserved time. If this was the City Council's wish, the request from the JPL Bible Church would be forwarded to the Boys and Girls Club and thereby not require the City to enter into a Facility Use Agreement with the church. Provided as Attachment 2 is the modified section 1.2 of the Agreement reflecting Sundays being removed form the City's schedule of facility use. If it is not the City Council's desire to change the Joint Use Agreement as indicated above, an agenda item on this same City Council meeting has been scheduled to address the request of the JPL Bible Church and associated Facility Use Policies that would be required to be adopted should the City Council desire to fulfill the request. The second component of the Agreement is for services provided by the Boys and Girls Club to the residents of La Quinta. The Boys and Girls Club would be contracted in the amount of $30,000 for Fiscal Year 2001-2002 to provide social recreation programs to children, 7 - 17 years of age. The social recreation program schedule is Monday through Friday 2:00 p.m. to 7:30 p.m. during the school year, and 7:30 a.m. to 5:30 p.m. during the summer months. Activities include table games, board games, clinics, tournaments, parties, and other programs designed for youth. These activities are funded by CDBG. The proposed Agreement for 2002-03, provided as Attachment 3, will be effective July 1, 2002, through June 30, 2003, with an amount not to exceed $60,000. On May 1, 2001, the Boys and Girls Club of the Coachella Valley received a Community Services Grant in the amount of $15,000 for maintenance and repair of the La Quinta unit. At that time, the Boys and Girls Club also asked for an additional $38,000 to complete the maintenance and repairs to the building. The City Council recommended that the request be considered during Fiscal Year 2001-02 budget 111 discussions. The Boys and Girls Club received $25,000 during Fiscal Year 2001-02 to repair the facility. `02 S:\Community Services\CCReports\CC.202.Boys and Girls Club.wpd FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Joint Use of Facility and Services Agreement with the Boys and Girls Club of Coachella Valley, La Quinta Unit, with the approval of the modification of City time in the Agreement and authorize staff to utilize the General Fund Account in the amount of $30,000, and CDBG Funds in the amount of $30,000 for the payments; or 2. Do not approve a Joint Use of Facility and Services Agreement with the Boys and Girls Club of Coachella Valley, La Quinta Unit and/or the modification of City time in the Agreement; or 3. Provide staff with alternative direction. Respectfully submitted, Dodie Horvitz/, Ojommunity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Correspondence from JPL Bible Church 2. Joint Use of Facility and Services Agreement -Redline Version 3. Proposed Joint Use of Facility and Services Agreement 112 S:\Community Services\CCReports\CC.202.Boys and Girls Club.wpd i15.24.2002 13:03 FAX 17603409764 TIME WARNER ATTACHMENT 1 JPL BIBLE CHURCH P.O. BOX 10736 PALM DESERT, CA 92255-0736 PHONE: (760) 772-3700 May 24, 2002 Mr. Tom Genovese, City Manager City Of La Quinta 78.495 Calle Tampico La Quinta, CA 92253 Re: Use of La Quinta Boys and Girls Club located at 49-995 Park Avenue, La Quinta, CA 92253 Dcar Mr Genovese, It was a pleasure talking with you on the phone yesterday regarding allowing JPL Bible Chinch to use the above facility for worship services. Our plan is to hold our weekly 10:30am service every Sunday. To do this eve would need access to the facility by lam for set-up and would be done by 2pm which includes tear down. If at all possible, our greatest desire would be to have access to the facility on Saturday from 4pnt through Sunday till 2pm This would allow us to set-up the night before, and eventually hold services also on Saturday tights. I have verified that we do have significant insurance. I would be glad to have you review our insurance prior to our entering into a rental/lease agreement for use of the facility. With regards to using the facility, we would need access to the entire building excluding the gymnasium. As we grow, I figure we would move our worship service to the gymnasium within six months. We are a very professional and responsible church and have used other places in the past with positive manageable relationships. To give you further assurance on our background, I am the Past President of the La Quinta Chamber of Commerce where I served on the board for 9 years, a current resident of La Quinta, a senior local manager with a Fortune 500 company and a 40 year native of the Coachella Valley. Qur Senior Pastor and Arts Pastor have preached together for the past seven years. 1 greatly appreciate you taking the time to approve our request. Our first date of occupation would be June 16, 2002, It is our desire to move our ministry to the La Quinta area, and build a pennanent home in La Quinta during this transition. If you have any questions please do not hesitate to call me at my office at 674-5640. Sincerely, Icon Di Gtandi, Deacon JPL Bible Church Cc: Steve Sorenson, Senior Pastor Greg Chastain, Arts Pastor Jim Ducatte, Executive Director - Boys & Girls Club of the Coachella Valley 113 05-24-02 13:01 RECEIVED FROM:17603409764 P-01 ATTACHMENT 2 JOINT USE OF FACILITY AND SERVICES AGREEMENT Boys and Girls Club of Coachella Valley, La Quinta Unit THIS AGREEMENT FOR JOINT USE OF FACILITY AND SERVICES AGREEMENT (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, a California municipal corporation (the "City") and the BOYS AND GIRLS CLUB OF COACHELLA VALLEY, LA QUINTA UNIT, a nonprofit organization (the "Club"). WHEREAS, the CITY and the CLUB have entered into that certain lease agreement titled BOYS AND GIRLS CLUB OF COACHELLA VALLEY/LA QUINTA LEASE AGREEMENT (the "Lease Agreement" dated February 4, 1992); and WHEREAS, the CITY and the CLUB desire to implement in more detail Section 4.1 of the Lease Agreement regarding the ability of the CITY to utilize the facility constructed pursuant to the Lease Agreement by the Club (the "Facility"); and WHEREAS, the CITY has entered into a joint use agreement with the Coachella Valley Boys and Girls Club, La Quinta Unit previously (the "Joint Use of Facility and Services Agreement" dated December 20, 1995); and WHEREAS, the CITY desires to assist the CLUB in providing social recreation opportunities for the residents of La Quinta; and WHEREAS, the City finds that the proposed joint use of the Facility and the continuation of such services provide a significant public benefit to the citizens of the City: The Parties hereto agree as follows: 1.0 SHARED USE OF FACILITY 1.1 Grant of Use. Except for those office areas identified as reserved in Section 1.3 below, the Club hereby grants to the City for a term beginning July 1, 2001 to June 30, 2002, the license to enter upon, occupy, use and operate, according to the terms, conditions and covenants herein contained, the Facility during the time frame set out for City use in Section 1.2 below. 1.2 Schedule for Facility Use. 1.2.1 Basic Schedule for City Use ("City Time"). Monday through Friday 7:30 p.m. - 10:00 p.m. (School Hours) Monday through Friday 5:30 p.m. - 10:00 p.m. (Summer Hours) Saturday and Sandays 9:00 a.m. - 9:00 p.m. 1.2.2 Quarterly Schedule Review. The Club and the City shall meet and confer S:/Community Services/Boys & Girls Club Agreement 2001-02 1 114 y 1.3.1 Club Office Areas. Excepted from the license herein granted is the area of the Club's office. 1.3.2 Storage Areas. Excepted from the license herein granted is the area of the Club's storage for games and supplies which is hereby specifically reserved and granted to the exclusive and full time use of the Club during the term of this Agreement. License is granted to the City by the Club for a term that is conterminous with the right of the City to use and operate the Facility, unless sooner terminated by the Club or 30 days written notice, for the full time and exclusive use of the small storage room off of the gymnasium in the Facility. 1.4 License Fee, 1.4.1 Basic License Fee. For the Basic License Fee the City shall make four quarterly payments of $7,500 each on July 31, 20ft 2002 October t3, 2661, 14, 2002 January 19;z602 20, 2003 and April f3, 2962, 14, 2003 for a total amount not to exceed thirty thousand dollars. 1.5 Operations. 1.5.1 Fees. City may charge attendance fees to its invitees and users. 1.5.2 Log Book. All parties shall keep, maintain and permit the inspection by all other parties of, a joint log book in a form approved by the Club and the City in which the City and the Club shall maintain a record of acts of vandalism, repairs, incidents of graffiti, and other major incidents. 1.5.3 Procedure Training. City shall cause and train its employees to comply with procedures in a manual ("Procedures Manual") the Club prepares regarding utility turn-offs, alarm responses, locking up/closing, key distribution, facility damage (including graffiti reporting). 1.5.4 Key Provision. Parties will coordinate on providing keys and lock up procedures and use of the alarm system. 1.5.5 Maintenance. Except for conditions which may be corrected by normal janitorial services, all Parties shall leave the Facility at the conclusion of their daily time allotment in a neat and clean condition and one that does not impose any additional duty on the janitorial and custodial services staff, or upon the next occupant of the Facility. The Facility shall be kept and maintained in a clean, sanitary and safe condition as established by the Club. The Club shall also be responsible for acceptable maintenance of all landscape areas, playgrounds, parking lots and trash enclosure. 1.5.6 Long Term Maintenance Plan. The Parties agree to develop a long term maintenance plan during the twelve month term of this agreement to address an equitable cost sharing approach to non -routine maintenance issues such as floor resealing, building painting, etc., which would be put into effect in subsequent agreements. 1.6 Indemnity for Shared Use. Reciprocal Indemnity for Invitee's, Employee's or Trespasser's Personal and Property Injuries Not Caused by Design, Construction, Maintenance or Repair. Each Party ("Indemnifying Party") indemnifies each other Party ("Indemnified Party"), holds the Indemnified Party harmless, and agrees to defend the Indemnified party against loss, damage or liability on a claim, the adverse judgment, adverse order on, or good faith settlement of, such a claim, including S:/Community Services/Boys & Girls Club Agreement 2001-02 3 115 l t ' IJ attorneys fees and court costs in defending such claim, suffered by an Indemnified Party due to personal injury to, or damage to the property of, an invitee (including a permittee) of an Indemnified Party ("Indemnified's Invitee"), an employee ("Indemnified's Employee") of an Indemnified Party, or to a trespasser or other uninvited person, at the Facility (except to the extent that said claims based on an act or omission of design, construction, including building materials, maintenance or non -maintenance, repair or non -repair by the Indemnifying Party) primarily caused by the act or omission of the Indemnifying Party, their employees or invitees. 2.0 SERVICES OF THE CLUB 2.1 Scope of Services. In compliance with all the terms and conditions of this Agreement, the Club shall continue to provide social recreation programs to the children of La Quinta according to the following schedule: .. .. i I .. . - . . .. .. .. .. . .. . . . July 1, 2002-August 30, 2002 Monday through Friday 7:30 - 5:30 p.m. Sept. 9-December 20, 2002 Monday through Friday 2:00 - 7:30 p.m. December 23-January 3, 2003 Monday through Friday 7:30 - 5:30 p.m. January 6 -June 6, 2003 Monday through Friday 2:00 - 7:30 p.m. June 16-June 30, 2003 Monday through Friday 7:30 - 5:30 p.m. Excluding any days off for observance of Boys and Girls Club holiday schedule. The Social Recreation program is to include but not limited to table games, board games, game technique clinics, tournaments, holiday parties and provide other opportunities for fun and constructive use of children's leisure time. The Club is required by this agreement to be familiar with and comply with the Community Development regulations and adhere to the polices contained in Exhibit A and Exhibit B. The Club understands and agrees to that no waiver or exception can be granted to the CDBG policies except with express written consent of the City. 2.2 Contractor's Proposal. (Not Applicable to this Agreement) 2.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any federal, state or local governmental agency of competent jurisdiction. 2.4 Licenses. Permits, Fees and Assessments. Club shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. The Club shall have the sole obligation to pay for any fees, S:/Community Services/Boys & Girls Club Agreement 2001-02 4 assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 3.0 COMPENSATION 3.1 Contract Sum. For the services rendered by Club pursuant to this section of the Agreement, the City shall compensate the Club in the sum not to exceed Thirty Thousand Dollars ($30,000), to be distributed to the Club according to the payment schedule set forth in paragraph 3.2. It is the understanding of the Club and the City that Community Development Block Grant (CDBG) funds will be use to fund this portion of the contract. The sum of Thirty Thousand Dollars ($30,000), is contingent upon the Club completing the necessary reporting documents required by the Riverside County CDBG program. 3.2 Payment Schedule. For the term of this Agreement, payments will be made to the Club according to the following schedule: Contract Sum Payment Date $7,500 July 31,20H 2002 $7,500 October H, 2661 14, 2002 $7,500 January ' ^ter 20, 2003 $7,500 April 13, 2602 14, 2003 4.0 PERFORMANCE SCHEDULE 4.1 Time of Essence. Time is of the essence in the performance of this Agreement. 4.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in the Scope of Services and Schedule of Performance. Extensions to the time period specified in the Scope of Services and Schedule of Performance may be approved in writing by the Contract Officer. CDBG reporting forms must be fled in a timely manner in compliance with CDBG reporting timelines. Should the Club fail to perform or complete the necessary CDBG reports, the City will withhold payment of funds until the performance deficiency is remedied. 4.3 Force Majeure. (Not applicable to this Agreement) 4.4 Term. Unless earlier terminated in accordance with Section 8.8 of this Agreement, the term of this Agreement shall be for twelve (12) months from July 1, 2000 through June 30, 2001. 5.0 COORDINATION OF WORK 5.1 Representative of Club. The following principals of the Club are hereby designated as being the principals and representatives of the Club authorized to act in its behalf with S:/Community Services/Boys & Girls Club Agreement 2001-02 5 117 9 respect to the work specified herein and make all decisions in connection therewith: a. Jim Ducatte, Executive Director b. Judy Vossler, President C. Dennis Modrich, Vice President d. Bob Frame, Vice President /Treasurer d. 6ina Leslie, Treasurer e. Brian Hamick, Secretary 5.2 Contract Officer. The Contract Officer shall be the City Manager or such other person as may be designated by the City Manager of City. It shall be the Club's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Club shall refer any decisions which must be made by the City to the Contract Officer. Unless otherwise specified herein, any approval of the City required hereunder shall mean the approval of the Contract Officer. 5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of the Club, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, the Club shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of the City. 5.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which the Club, its agents or employees, perform the services required herein, except as otherwise set forth. The Club shall perform all services required herein as an independent contractor of the City and shall remain at all times as to the City a wholly independent contractor with only such obligations as are consistent with that role. The Club shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of the City. 6.0 INSURANCE AND INDEMNIFICATION 6.1 Insurance. The Club shall carry general liability and property damage insurance against all claims for injuries against persons or damages to property resulting from the Club's act or omissions arising out of or related to the Club's performance under this Agreement in an amount equal as specified in Lease agreement. The City shall be named as additionally insured to the policy and a certificate to that effect shall be delivered to the City prior to the payment of the first installment under Section 3.2 above. Such insurance shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice of proposed cancellation to the City. 6.2 Indemnification. The Club shall defend, indemnify and hold harmless the City, its officers, employees, representatives and agents, from and against any and all actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property and for errors and omissions committed by the Club, its officers, employees and agents, arising directly or indirectly out of or related to the Club's performance under this Agreement, except to the extent of such loss as may be caused by the City's own negligence or that of its officers or employees. S:/Community Services/Boys & Girls Club Agreement 2001-02 6 _d18 ATTACHMENT 3 JOINT USE OF FACILITY AND SERVICES AGREEMENT Boys and Girls Club of Coachella Valley, La Quinta Unit THIS AGREEMENT FOR JOINT USE OF FACILITY AND SERVICES AGREEMENT (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, a California municipal corporation (the "City") and the BOYS AND GIRLS CLUB OF COACHELLA VALLEY, LA QUINTA UNIT, a nonprofit organization (the "Club"). WHEREAS, the CITY and the CLUB have entered into that certain lease agreement titled BOYS AND GIRLS CLUB OF COACHELLA VALLEY/LA QUINTA LEASE AGREEMENT (the "Lease Agreement" dated February 4, 1992); and WHEREAS, the CITY and the CLUB desire to implement in more detail Section 4.1 of the Lease Agreement regarding the ability of the CITY to utilize the facility constructed pursuant to the Lease Agreement by the Club (the "Facility"); and WHEREAS, the CITY has entered into a joint use agreement with the Coachella Valley Boys and Girls Club, La Quinta Unit previously (the "Joint Use of Facility and Services Agreement" dated December 20, 1995); and WHEREAS, the CITY desires to assist the CLUB in providing social recreation opportunities for the residents of La Quinta; and WHEREAS, the City finds that the proposed joint use of the Facility and the continuation of such services provide a significant public benefit to the citizens of the City: The Parties hereto agree as follows: 1.0 SHARED USE OF FACILITY 1.1 Grant of Use. Except for those office areas identified as reserved in Section 1.3 below, the Club hereby grants to the City for a term beginning July 1, 2001 to June 30, 2002, the license to enter upon, occupy, use and operate, according to the terms, conditions and covenants herein contained, the Facility during the time frame set out for City use in Section 1.2 below. 1.2 Schedule for Facility Use. 1.2.1 Basic Schedule for City Use ("City Time"). Monday through Friday Monday through Friday Saturday S:/Community Services/Boys & Girls Club Agreement 2002-03 7:30 p.m. - 10:00 p.m. (School Hours) 5:30 p.m. - 10:00 p.m. (Summer Hours) 9:00 a.m. - 9:00 p.m. 1.2.2 Quarterly Schedule Review. The Club and the City shall meet and confer at least quarterly to discuss their programming plans and avoid duplication of services as both Parties agree is reasonable. The City shall implement a permanent program plan within 60 days from the date of this Agreement, and maintain said plan in accordance with its terms. 1.2.3 Duty to Permit Other Group Use. During such periods of City Time not otherwise conceded to the Club that the City does not have a proposed organized group use of the Facility, or of any particular room thereof ("Unused Time Slots"), City shall grant permits to public benefit groups and private benefit groups from the community requesting to use the Facility or Facility rooms as City deems most appropriate giving due consideration to the following guidelines and priorities: (1) A group that proposes a benefit to youth should have priority to a group that proposes a benefit to non -youth; (2) A group that proposes a benefit to more La Quinta residents should have a priority over a group that proposes a benefit to fewer La Quinta residents; (3) A group that proposes a use of greater public benefit to a larger number of people should have priority over a group that proposes a use with a lesser public benefit or to a lesser number of people; (4) A group posing a lesser risk of injury to persons or property should be given priority over a group that poses a greater risk of injury to persons or property; (5) The order in which the request for usage was received. 1.2.4 Duty to Supervise. During all such times as all or part of the Facility is permitted by the City to be used by one or more community groups as herein permitted, the City shall provide competent, on -site supervision of said group by an appropriate contingent of responsible adults, & such appropriate security therefore necessary to prevent property damage or intentional personal injury. 1.2.5 Liability for Damage. Property and Personal Injury. City shall be liable for all property damage and personal injury that occurs solely as a result of actions by its permittee or their guests or attendees, and shall hold the Club harmless from any and all such liability. 1.2.6 Specific Violations of Facility Use. Without limitation as to other possible violations of the Facility Use, the City shall specifically not permit the following uses: 1.2.6.1 Political Activities. City shall abide by Club's facility use policies and shall not permit or tolerate the use of the Facility for campaigning or otherwise working for the nomination or election of any individual to any public office, partisan or nonpartisan, or for any ballot measure, including any initiative, referendum, or advisory vote, except with the advance written permission of the Club, as a forum for open public debate by candidates on the condition that no member of the public shall be excluded therefrom. 1.2.6.2 Alcohol, Drugs or Tobacco. City shall abide by Club's facility use policies and not allow alcohol, illegal drugs, or tobacco to be sold, used or consumed in, on or about the Facility. City shall not permit or allow any portion of the Facility to be rented or utilized by any person, group or company that intends to provide alcoholic beverages at an event or meeting. The City shall make these facts known, in writing and through oral communications, to all staff members and participants at the Facility. S:/Community Services/Boys & Girls Club Agreement 2002-03 2 1'0 12 1.3 Reserved Areas. 1.3.1 Club Office Areas. Excepted from the license herein granted is the area of the Club's office. 1.3.2 Storage Areas. Excepted from the license herein granted is the area of the Club's storage for games and supplies which is hereby specifically reserved and granted to the exclusive and full time use of the Club during the term of this Agreement. License is granted to the City by the Club for a term that is conterminous with the right of the City to use and operate the Facility, unless sooner terminated by the Club or 30 days written notice, for the full time and exclusive use of the small storage room off of the gymnasium in the Facility. 1.4 License Fee. 1.4.1 Basic License Fee. For the Basic License Fee the City shall make four quarterly payments of $7,500 each on July 31, 2002, October 14, 2002, January 20, 2003 and April 14, 2003 for a total amount not to exceed thirty thousand dollars. 1.5 Operations. 1.5.1 Fees. City may charge attendance fees to its invitees and users. 1.5.2 Log Book. All parties shall keep, maintain and permit the inspection by all other parties of, a joint log book in a form approved by the Club and the City in which the City and the Club shall maintain a record of acts of vandalism, repairs, incidents of graffiti, and other major incidents. 1.5.3 Procedure Training. City shall cause and train its employees to comply with procedures in a manual ("Procedures Manual") the Club prepares regarding utility turn-offs, alarm responses, locking up/closing, key distribution, facility damage (including graffiti reporting). 1.5.4 Key Provision. Parties will coordinate on providing keys and lock up procedures and use of the alarm system. 1.5.5 Maintenance. Except for conditions which may be corrected by normal janitorial services, all Parties shall leave the Facility at the conclusion of their daily time allotment in a neat and clean condition and one that does not impose any additional duty on the janitorial and custodial services staff, or upon the next occupant of the Facility. The Facility shall be kept and maintained in a clean, sanitary and safe condition as established by the Club. The Club shall also be responsible for acceptable maintenance of all landscape areas, playgrounds, parking lots and trash enclosure. 1.5.6 Long Term Maintenance Plan. The Parties agree to develop a long term maintenance plan during the twelve month term of this agreement to address an equitable cost sharing approach to non -routine maintenance issues such as floor resealing, building painting, etc., which would be put into effect in subsequent agreements. 1.6 Indemnity for Shared Use, Reciprocal Indemnity for Invitee's, Employee's or Trespasser's Personal and Property Injuries Not Caused by Design, Construction, Maintenance or S:/Community Services/Boys & Girls Club Agreement 2002-03 3 121 Repair. Each Party ("Indemnifying Party") indemnifies each other Party ("Indemnified Party"), holds the Indemnified Party harmless, and agrees to defend the Indemnified party against loss, damage or liability on a claim, the adverse judgment, adverse order on, or good faith settlement of, such a claim, including attorneys fees and court costs in defending such claim, suffered by an Indemnified Party due to personal injury to, or damage to the property of, an invitee (including a permittee) of an Indemnified Party ("Indemnified's Invitee"), an employee ("Indemnified's Employee") of an Indemnified Party, or to a trespasser or other uninvited person, at the Facility (except to the extent that said claims based on an act or omission of design, construction, including building materials, maintenance or non -maintenance, repair or non -repair by the Indemnifying Party) primarily caused by the act or omission of the Indemnifying Party, their employees or invitees. 2.0 SERVICES OF THE CLUB 2.1 Scope of Services. In compliance with all the terms and conditions of this Agreement, the Club shall continue to provide social recreation programs to the children of La Quinta according to the following schedule: July 1, 2002 - August 30, 2002 Monday through Friday 7:30 - 5:30 p.m. September 9, 2002-December 20, 2002 Monday through Friday 2:00 - 7:30 p.m. December 23, 2002-January 3, 2003 Monday through Friday 7:30 - 5:30 p.m. January 6, 2003 - June 6, 2003 Monday through Friday 2:00 - 7:30 p.m. June 167, 2003 - June 30, 2003 Monday through Friday 7:30 - 5:30 p.m. Excluding any days off for observance of Boys and Girls Club holiday schedule. The Social Recreation program is to include but not limited to table games, board games, game technique clinics, tournaments, holiday parties and provide other opportunities for fun and constructive use of children's leisure time. The Club is required by this agreement to be familiar with and comply with the Community Development regulations and adhere to the polices contained in Exhibit A and Exhibit B. The Club understands and agrees to that no waiver or exception can be granted to the CDBG policies except with express written consent of the City. 2.2 Contractor's Proposal. (Not Applicable to this Agreement) 2.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any federal, state or local governmental agency of competent jurisdiction. 2.4 Licenses, Permits, Fees and Assessments. Club shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. The Club shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. S:/Community Services/Boys & Girls Club Agreement 2002-03 4 126W 3.0 COMPENSATION 3.1 Contract Sum. For the services rendered by Club pursuant to this section of the Agreement, the City shall compensate the Club in the sum not to exceed Thirty Thousand Dollars ($30,000), to be distributed to the Club according to the payment schedule set forth in paragraph 3.2. It is the understanding of the Club and the City that Community Development Block Grant (CDBG) funds will be use to fund this portion of the contract. The sum of Thirty Thousand Dollars ($30,000), is contingent upon the Club completing the necessary reporting documents required by the Riverside County CDBG program. 3.2 Payment Schedule. For the term of this Agreement, payments will be made to the Club according to the following schedule: Contract Sum Pavment Date $7,500 July 31, 2002 $7,500 October 14, 2002 $7,500 January 20, 2003 $7,500 April 14, 2003 4.0 PERFORMANCE SCHEDULE 4.1 Time of Essence. Time is of the essence in the performance of this Agreement. 4.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in the Scope of Services and Schedule of Performance. Extensions to the time period specified in the Scope of Services and Schedule of Performance may be approved in writing by the Contract Officer. CDBG reporting forms must be filed in a timely manner in compliance with CDBG reporting timelines. Should the Club fail to perform or complete the necessary CDBG reports, the City will withhold payment of funds until the performance deficiency is remedied. 4.3 Force Majeure. (Not applicable to this Agreement) 4.4 Term. Unless earlier terminated in accordance with Section 8.8 of this Agreement, the term of this Agreement shall be for twelve (12) months from July 1, 2000 through June 30, 2001. 5.0 COORDINATION OF WORK 5.1 Representative of Club. The following principals of the Club are hereby designated as being the principals and representatives of the Club authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: S:/Community Services/Boys & Girls Club Agreement 2002-03 5 owt 1 o.3 u J a. Jim Ducatte, Executive Director b. Judy Vossler, President C. Dennis Modrich, Vice President d. Bob Frame, Vice President/Treasurer d. Brian Harnick, Secretary 5.2 Contract Officer. The Contract Officer shall be the City Manager or such other person as may be designated by the City Manager of City. It shall be the Club's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Club shall refer any decisions which must be made by the City to the Contract Officer. Unless otherwise specified herein, any approval of the City required hereunder shall mean the approval of the Contract Officer. 5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of the Club, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, the Club shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of the City. 5.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which the Club, its agents or employees, perform the services required herein, except as otherwise set forth. The Club shall perform all services required herein as an independent contractor of the City and shall remain at all times as to the City a wholly independent contractor with only such obligations as are consistent with that role. The Club shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of the City. 6.0 INSURANCE AND INDEMNIFICATION 6.1 Insurance. The Club shall carry general liability and property damage insurance against all claims for injuries against persons or damages to property resulting from the Club's act or omissions arising out of or related to the Club's performance under this Agreement in an amount equal as specified in Lease agreement. The City shall be named as additionally insured to the policy and a certificate to that effect shall be delivered to the City prior to the payment of the first installment under Section 3.2 above. Such insurance shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice of proposed cancellation to the City. 6.2 Indemnification. The Club shall defend, indemnify and hold harmless the City, its officers, employees, representatives and agents, from and against any and all actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property and for errors and omissions committed by the Club, its officers, employees and agents, arising directly or indirectly out of or related to the Club's performance under this Agreement, except to the extent of such loss as may be caused by the City's own negligence or that of its officers or employees. S:/Community Services/Boys & Girls Club Agreement 2002-03 124 6.3 Performance Bond. (Not Applicable to this Agreement) 6.4 Payment Bond. (Not Applicable to this Agreement) 6.5 Remedies. In addition to any other remedies the City may have if the Club fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, the City may, at its sole option: 1. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. 2. Order the Club to stop work under this Agreement and/or withhold any payment(s) which become due to the Club hereunder until the Club demonstrates compliance with the requirements hereof. 3. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies the City may have and are not the exclusive remedies for the Club's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which the Club may be held responsible for payments of damages to persons or property resulting from the Club's or its employees or agents in their performance, under this Agreement. 7.0 REPORTS 7.1 Reports. The Club shall prepare and submit to the Contract Officer a monthly report of attendance concerning the services as outlined in Scope of Services. In addition, a progress report, including an accounting of expenditures, shall be provided on or about January 15, 2001 and June 15, 2001. The Club shall prepare reports and intake forms as required by the Riverside County CDBG program. 7.2 Record Retention Clause. The Club shall maintain and keep books and records on a current basis, recording all transactions pertaining to this agreement in a form in accordance with generally acceptable accounting principles. Said books and records shall be made available to the County, State of California, the Federal government, the City of La Quinta-Contract Officer or designee thereof, and to any authorized representative thereof for the purposes of audit at all reasonable times and places. All such books and records shall be retained for such periods of time as required by law, provided, however, notwithstanding any shorter periods of retention, all books, records, and supporting detail shall be retained for a period of at least three (3) years after the expiration of the term of this Agreement. 7.3 Community Development Block Grant Funding. The Club agrees to comply with the reporting processes of the Riverside County CDBG program in order to document the program meets a National Objective by serving limited clientele - all persons (100%) served by the services outlined in the Scope of Service shall be of low or moderate income. S:/Community Services/Boys & Girls Club Agreement 2002-03 /} 7 �:, 8.0 ENFORCEMENT OF AGREEMENT 8.1 California Law. This Agreement shall be construed, interpreted and governed as to validity, performance of the parties and enforcement in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and the Club covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, the City may take such immediate action as the City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit the City's right to terminate this Agreement without cause pursuant to Section 6.3. 8.3 Retention of Funds. The City may withhold from any monies payable to the Club, sufficient funds to compensate the City for any losses, costs, liabilities or damages it reasonably believes were suffered by the City due to the default of the Club in the performance of the services required by this Agreement. 8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non - defaulting party on any default shall impair such right or remedy or be construed as a waiver. The City's consent or approval of any act by the Club requiring the City's consent or approval shall not be deemed to waive or render unnecessary the City's consent to or approval of any subsequent act of the Club. Any waiver by either party or any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other . remedy consistent with the purposes of this Agreement. 8.7 Liquidated Damages. (Not Applicable to this Agreement) S:/Community Services/Boys & Girls Club Agreement 2002-03 8 8.8 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except for termination by the City for cause. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to the Club. 8.9 Attorneys' Fees. If either Party commences an action against the other Party arising out of or in connection with this Agreement, the prevailing Party shall be entitled to recover reasonable attorneys' fees and costs from the losing Party. 9.0 CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION 9.1 Non -liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Club, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Club or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. No officer or employee of the City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his personal interest or the interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any state statute or regulation. The Club warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 9.3 Covenant Against Discrimination. The Club covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. The Club shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 10.0 MISCELLANEOUS PROVISIONS 10.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give to the other party or any person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section 9.1. To City: CITY OF LA QUINTA 78-495 Calle Tampico La Quinta, California 92253 Attention: City Manager S:/Community Services/Boys & Girls Club Agreement 2002-03 0 To Club: COACHELLA VALLEY BOYS AND GIRLS CLUB, LA QUINTA UNIT 42-600 Cook Street, Suite 120 Palm Desert, California 92211 AV 10.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understandings, negotiations and agreements are integrated into and superseded by this Agreement. 10.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 10.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not effect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 10.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. 10.6 Lease. The Lease Agreement shall remain in effect according to its terms. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. Dated: ATTEST: JUNE S. GREEK, City Clerk APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney Dated: CITY OF LA QUINTA, a California Municipal Corporation By: JOHN J. PENA, Mayor "CITY" BOYS AND GIRLS CLUB OF COACHELLA VALLEY, LA QUINTA UNIT, a nonprofit organization IRS Tax Exempt No.: S:/Community Services/Boys & Girls Club Agreement 2002-03 10� Name: Title: "CLUB" S:/Community Services/Boys & Girls Club Agreement 2002-03 129 `il Tiht 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: 3 COUNCIL/RDA MEETING DATE: June 4, 2002 CONSENT CALENDAR: STUDY SESSION: Consideration of a Facility Use Request by PUBLIC HEARING: the JPL Bible Church RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: All costs associated with the use by outside organizations renting the Boys and Girls Club under the Facility Use Policy will be covered by the fees charged to the user groups renting the facility. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City of La Quinta entered into a Joint Use of Facility and Services Agreement (Agreement) on February 4, 1992 for the use of the Boys and Girls Club of the Coachella Valley, La Quinta unit (Attachment 1). Per the Agreement, the City has allocated time in which the City may use the facility. Section 1.2 of the Agreement outlines the schedule for City Use. The Community Services Department uses the facility Monday through Thursday evening for Open Gym, and provides some recreation classes on Saturdays. Currently, the City does not schedule activities at the Boys and Girls Club on Sundays. Section 1.2.3 of the Agreement states that the "City shall grant permits to public benefit groups and private benefit groups from the community requesting to use the Facility or Facility rooms..." Section 1.2.4 of the Agreement states "During all such times as all or part of the Facility is permitted by the City to be used by one or more community groups as herein permitted, the City shall provide competent, on -site supervision of said group by an appropriate contingent of responsible adults, and such appropriate security t 3 o therefore necessary to prevent property damage or intentional personal injury." A non-profit organization (JPL Bible Church) has requested the use of the Boys and Girls Club on Sundays, as provided in Attachment 2, dated May 24, 2002. Should the City Council so desire to consider the request by JPL Bible Church to use the facility on Sundays, a Facility Use Policy for the Boys and Girls Club would need to be adopted. By adopting a Facility Use Policy for the Boys and Girls Club, the City assumes responsibility for the facility while being rented by the user group. By assuming this responsibility, the City would have to provide personnel to staff the facility while being used by the outside group. The City would also be responsible for the condition of the facility before and after the outside group used the facility. The City does not contract with the janitorial service for the Boys and Girls Club, therefore has no control over the cleanliness or condition of the facility before the organization would arrive for their use. The City Council could adopt a Facility Use Policy for the Boys and Girls Club to accommodate the request by the JPL Bible Church. Should the City Council direct staff to draft a Facility Use Policy for the Boys and Girls Club, this item could be brought back for consideration at the June 18, 2002 City Council meeting, contingent up review by the City Attorney. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Direct staff to draft a Facility Use Policy for the Boys and Girls Club to allow outside organizations to use the facility during specified City times; or 2. Do not direct staff to draft a Facility Use Policy for the Boys and Girls Club and do not approve the use of the facility by outside organizations during specified City times; or 3. Provide staff with alternative direction. ctfully submitted, Horvitz, (:Immunity Services Director 131 S:\Community Services\CCReports\CC.200.Boys and Girls Club Facillity Use.wpd Approved for submission by: l Thomas P. Genovese, City Manager Attachments: 1. Joint Use of Facility and Services Agreement (Fiscal Year 2001-02) 2. Facility Use Request by JPL Bible Church 132 S:\Community Services\CCReports\CC.200.Boys and Girls Club Facillity Use.wpd ATTACHMENT 1 JOINT USE OF FACILITY AND SERVICES AGREEMENT Boys and Girls Club of Coachella Valley, La Quinta Unit THIS AGREEMENT FOR JOINT USE OF FACILITY AND SERVICES AGREEMENT (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, a California municipal corporation (the "City") and the BOYS AND GIRLS CLUB OF COACHELLA VALLEY, LA QUINTA UNIT, a nonprofit organization (the "Club"). WHEREAS, the CITY and the CLUB have entered into that certain lease agreement titled BOYS AND GIRLS CLUB OF COACHELLA VALLEY/LA QUINTA LEASE AGREEMENT (the "Lease Agreement" dated February 4, 1992); and WHEREAS, the CITY and the CLUB desire to implement in more detail Section 4.1 of the Lease Agreement regarding the ability of the CITY to utilize the facility constructed pursuant to the Lease Agreement by the Club (the "Facility"); and WHEREAS, the CITY has entered into a joint use agreement with the Coachella Valley Boys and Girls Club, La Quinta Unit previously (the "Joint Use of Facility and Services Agreement" dated December 20, 1995); and WHEREAS, the CITY desires to assist the CLUB in providing social recreation opportunities for the residents of La Quinta; and WHEREAS, the City finds that the proposed joint use of the Facility and the continuation of such services provide a significant public benefit to the citizens of the City: The Parties hereto agree as follows: 1.0 SHARED USE OF FACILITY 1.1 Grant of Use. Except for those office areas identified as reserved in Section 1.3 below, the Club hereby grants to the City for a term beginning July 1, 2001 to June 30, 2002, the license to enter upon, occupy, use and operate, according to the terms, conditions and covenants herein contained, the Facility during the time frame set out for City use in Section 1.2 below. 1.2 Schedule for Facility Use. 1.2.1 Basic Schedule for City Use ("City Time"). Monday through Friday 7:30 p.m. - 10:00 p.m. (School Hours) Monday through Friday 5:30 p.m. - 10:00 p.m. (Summer Hours) Saturday and Sundays 9:00 a.m. - 9:00 p.m. 1.2.2 Quarterly Schedule Review. The Club and the City shall meet and confer S:/Community Services/Boys & Girls Club Agreement 2001-02 139 at least quarterly to discuss their programming plans and avoid duplication of services as both Parties agree is reasonable. The City shall implement a permanent program plan within 60 days from the date of this Agreement, and maintain said plan in accordance with its terms. 1.2.3 Duty to Permit Other Group Use. During such periods of City Time not otherwise conceded to the Club that the City does not have a proposed organized group use of the Facility, or of any particular room thereof ("Unused Time Slots"), City shall grant permits to public benefit groups and private benefit groups from the community requesting to use the Facility or Facility rooms as City deems most appropriate giving due consideration to the following guidelines and priorities: (1) A group that proposes a benefit to youth should have priority to a group that proposes a benefit to non -youth; (2) A group that proposes a benefit to more La Quinta residents should have a priority over a group that proposes a benefit to fewer La Quinta residents; (3) A group that proposes a use of greater public benefit to a larger number of people should have priority over a group that proposes a use with a lesser public benefit or to a lesser number of people; (4) A group posing a lesser risk of injury to persons or property should be given priority over a group that poses a greater risk of injury to persons or property; (5) The order in which the request for usage was received. 1.2.4 Duty to Supervise. During all such times as all or part of the Facility is permitted by the City to be used by one or more community groups as herein permitted, the City shall provide competent, on -site supervision of said group by an appropriate contingent of responsible adults, & such appropriate security therefore necessary to prevent property damage or intentional personal injury. 1.2.5 Liability for Damage. Property and Personal Injury. City shall be liable for all property damage and personal injury that occurs solely as a result of actions by its permittee or their guests or attendees, and shall hold the Club harmless from any and all such liability. 1.2.6 Specific Violations of Facility Use. Without limitation as to other possible violations of the Facility Use, the City shall specifically not permit the following uses: 1.2.6.1 Political Activities. City shall abide by Club's facility use policies and shall not permit or tolerate the use of the Facility for campaigning or otherwise working for the nomination or election of any individual to any public office, partisan or nonpartisan, or for any ballot measure, including any initiative, referendum, or advisory vote, except with the advance written permission of the Club, as a forum for open public debate by candidates on the condition that no member of the public shall be excluded therefrom. 1.2.6.2 Alcohol, Drugs or Tobacco. City shall abide by Club's facility use policies and not allow alcohol, illegal drugs, or tobacco to be sold, used or consumed in, on or about the Facility. City shall not permit or allow any portion of the Facility to be rented or utilized by any person, group or company that intends to provide alcoholic beverages at an event or meeting. The City shall make these facts known, in writing and through oral communications, to all staff members and participants at the Facility. 1.3 Reserved Areas. S:/Community Services/Boys & Girls Club Agreement 2001-02 2 t,�6 134 1.3.1 Club Office Areas. Excepted from the license herein granted is the area of the Club's office. 1.3.2 Storage Areas. Excepted from the license herein granted is the area of the Club's storage for games and supplies which is hereby specifically reserved and granted to the exclusive and full time use of the Club during the term of this Agreement. License is granted to the City by the Club for a term that is conterminous with the right of the City to use and operate the Facility, unless sooner terminated by the Club or 30 days written notice, for the full time and exclusive use of the small storage room off of the gymnasium in the Facility. 1.4 License Fee. 1.4.1 Basic License Fee. For the Basic License Fee the City shall make four quarterly payments of $7,500 each on July 31, 2001, October 13, 2001, January 19, 2002 and April 13, 2002, for a total amount not to exceed thirty thousand dollars. 1.5 Operations. 1.5.1 Fees. City may charge attendance fees to its invitees and users. 1.5.2 Log Book. All parties shall keep, maintain and permit the inspection by all other parties of, a joint log book in a form approved by the Club and the City in which the City and the Club shall maintain a record of acts of vandalism, repairs, incidents of graffiti, and other major incidents. 1.5.3 Procedure Training. City shall cause and train its employees to comply with procedures in a manual ("Procedures Manual") the Club prepares regarding utility turn-offs, alarm responses, locking up/closing, key distribution, facility damage (including graffiti reporting). 1.5.4 Key Provision. Parties will coordinate on providing keys and lock up procedures and use of the alarm system. 1.5.5 Maintenance. Except for conditions which may be corrected by normal janitorial services, all Parties shall leave the Facility at the conclusion of their daily time allotment in a neat and clean condition and one that does not impose any additional duty on the janitorial and custodial services staff, or upon the next occupant of the Facility. The Facility shall be kept and maintained in a clean, sanitary and safe condition as established by the Club. The Club shall also be responsible for acceptable maintenance of all landscape areas, playgrounds, parking lots and trash enclosure. 1.5.6 Long Term Maintenance Plan. The Parties agree to develop a long term maintenance plan during the twelve month term of this agreement to address an equitable cost sharing approach to non -routine maintenance issues such as floor resealing, building painting, etc., which would be put into effect in subsequent agreements. 1.6 Indemnity for Shared Use. Reciprocal Indemnity for Invitee's, Employee's or Trespasser's Personal and Property Injuries Not Caused by Design, Construction, Maintenance or Repair. Each Party ("Indemnifying Party") indemnifies each other Party ("Indemnified Party"), holds the Indemnified Party harmless, and agrees to defend the Indemnified party against loss, damage or liability on a claim, the adverse judgment, adverse order on, or good faith settlement of, such a claim, including S:/Community Services/Boys & Girls Club Agreement 2001-02 3 135 vv� attorneys fees and court costs in defending such claim, suffered by an Indemnified Party due to personal injury to, or damage to the property of, an invitee (including a permittee) of an Indemnified Party ("Indemnified's Invitee"), an employee ("Indemnified's Employee") of an Indemnified Party, or to a trespasser or other uninvited person, at the Facility (except to the extent that said claims based on an act or omission of design, construction, including building materials, maintenance or non -maintenance, repair or non -repair by the Indemnifying Party) primarily caused by the act or omission of the Indemnifying Party, their employees or invitees. 2.0 SERVICES OF THE CLUB 2.1 Scope of Services. In compliance with all the terms and conditions of this Agreement, the Club shall continue to provide social recreation programs to the children of La Quinta according to the following schedule: July 1, 2001 - August 31, 2001 Monday through Friday 7:30 - 5:30 p.m. September 4, 2001-December 14, 2001 Monday through Friday 2:00 - 7:30 p.m. December 17, 2001-December 31, 2001 Monday through Friday 7:30 - 5:30 p.m. January 2, 2002 - June 14, 2002 Monday through Friday 2:00 - 7:30 p.m. June 17, 2002 - June 28, 2002 Monday through Friday 7:30 - 5:30 p.m. Excluding any days off for observance of Boys and Girls Club holiday schedule. The Social Recreation program is to include but not limited to table games, board games, game technique clinics, tournaments, holiday parties and provide other opportunities for fun and constructive use of children's leisure time. The Club is required by this agreement to be familiar with and comply with the Community Development regulations and adhere to the polices contained in Exhibit A and Exhibit B. The Club understands and agrees to that no waiver or exception can be granted to the CDBG policies except with express written consent of the City. 2.2 Contractor's Proposal. (Not Applicable to this Agreement) 2.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any federal, state or local governmental agency of competent jurisdiction. 2.4 Licenses, Permits. Fees and Assessments. Club shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. The Club shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. S:/Community Services/Boys & Girls Club Agreement 2001-02 4 3.0 COMPENSATION 3.1 Contract Sum. For the services rendered by Club pursuant to this section of the Agreement, the City shall compensate the Club in the sum not to exceed Thirty Thousand Dollars ($30,000), to be distributed to the Club according to the payment schedule set forth in paragraph 3.2. It is the understanding of the Club and the City that Community Development Block Grant (CDBG) funds will be use to fund this portion of the contract. The sum of Thirty Thousand Dollars ($30,000), is contingent upon the Club completing the necessary reporting documents required by the Riverside County CDBG program. 3.2 Payment Schedule. For the term of this Agreement, payments will be made to the Club according to the following schedule: Contract Sum Payment Date $7,500 July 31, 2001 $7,500 October 13, 2001 $7,500 January 19, 2002 $7,500 April 13, 2002 4.0 PERFORMANCE SCHEDULE 4.1 Time of Essence. Time is of the essence in the performance of this Agreement. 4.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in the Scope of Services and Schedule of Performance. Extensions to the time period specified in the Scope of Services and Schedule of Performance may be approved in writing by the Contract Officer. CDBG reporting forms must be filed in a timely manner in compliance with CDBG reporting timelines. Should the Club fail to perform or complete the necessary CDBG reports, the City will withhold payment of funds until the performance deficiency is remedied. 4.3 Force Maieure. (Not applicable to this Agreement) 4.4 Term, Unless earlier terminated in accordance with Section 8.8 of this Agreement, the term of this Agreement shall be for twelve (12) months from July 1, 2000 through June 30, 2001. 5.0 COORDINATION OF WORK 5.1 Representative of Club. The following principals of the Club are hereby designated as being the principals and representatives of the Club authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: SICommunity Services/Boys & Girls Club Agreement 2001-02 s ��9 a. Jim Ducatte, Executive Director b. Judy Vossler, President C. Dennis Modrich, Vice President d. Bob Frame, Vice President d. Gina Leslie, Treasurer e. Brian Harnick, Secretary 5.2 - Contract Officer. The Contract Officer shall be the City Manager or such other person as may be designated by the City Manager of City. It shall be the Club's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Club shall refer any decisions which must be made by the City to the Contract Officer. Unless otherwise specified herein, any approval of the City required hereunder shall mean the approval of the Contract Officer. 5.3. Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of the Club, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, the Club shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of the City. 5.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which the Club, its agents or employees, perform the services required herein, except as otherwise set forth. The Club shall perform all services required herein as an independent contractor of the City and shall remain at all times as to the City a wholly independent contractor with only such obligations as are consistent with that role. The Club shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of the City. 6.0 INSURANCE AND INDEMNIFICATION 6.1 Insurance. The Club shall carry general liability and property damage insurance against all claims for injuries against persons or damages to property resulting from the Club's act or omissions arising out of or related to the Club's performance under this Agreement in an amount equal as specified in Lease agreement. The City shall be named as additionally insured to the policy and a certificate to that effect shall be delivered to the City prior to the payment of the first installment under Section 3.2 above. Such insurance shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice of proposed cancellation to the City. 6.2 Indemnification. The Club shall defend, indemnify and hold harmless the City, its officers, employees, representatives and agents, from and against any and all actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property and for errors and omissions committed by the Club, its officers, employees and agents, arising directly or indirectly out of or related to the Club's performance under this Agreement, except to the extent of such loss as may be caused by the City's own negligence or that of its officers or employees. 6.3 Performance Bond. (Not Applicable to this Agreement) S:/Community ServioesBoys & Girls Club Agreement 2001-02 6 138 38 6.4 Payment Bond. (Not Applicable to this Agreement) 6.5 Remedies. In addition to any other remedies the City may have if the Club fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, the City may, at its sole option: 1. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. 2. Order the Club to stop work under this Agreement and/or withhold any payment(s) which become due to the Club hereunder until the Club demonstrates compliance with the requirements hereof. 3. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies the City may have and are not the exclusive remedies for the Club's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which the Club may be held responsible for payments of damages to persons or property resulting from the Club's or its employees or agents in their performance, under this Agreement. 7.0 REPORTS 7.1 Reports. The Club shall prepare and submit to the Contract Officer a monthly, report of attendance concerning the services as outlined in Scope of Services. In addition, a progress report, including an accounting of expenditures, shall be provided on or about January 15, 2001 and June 15, 2001. The Club shall prepare reports and intake forms as required by the Riverside County CDBG program. 7.2 Record Retention Clause. The Club shall maintain and keep books and records on a current basis, recording all transactions pertaining to this agreement in a form in accordance with generally acceptable accounting principles. Said books and records shall be made available to the County, State of California, the Federal government, the City of La Quinta-Contract Officer or designee thereof, and to any authorized representative thereof for the purposes of audit at all reasonable times and places. All such books and records shall be retained for such periods of time as required by law, provided, however, notwithstanding any shorter periods of retention, all books, records, and supporting detail shall be retained for a period of at least three (3) years after the expiration of the term of this Agreement. 7.3 Community Development Block Grant Funding. The Club agrees to comply with the reporting processes of the Riverside County CDBG program in order to document the program meets a National Objective by serving limited clientele - all persons (100%) served by the services outlined in the Scope of Service shall be of low or moderate income. 8.0 ENFORCEMENT OF AGREEMENT S:/Community Services/Boys & Girls Club Agreement 2001-02 7 * 3 3 �11 8.1 California Law. This Agreement shall be construed, interpreted and governed as to validity, performance of the parties and enforcement in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and the Club covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, the City may take such immediate action as the City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit the City's right to terminate this Agreement without cause pursuant to Section 6.3. 8.3 Retention of Funds. The City may withhold from any monies payable to the Club, sufficient funds to compensate the City for any losses, costs, liabilities or damages it reasonably believes were suffered by the City due to the default of the Club in the performance of the services required by this Agreement. 8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non - defaulting party on any default shall impair such right or remedy or be construed as a waiver. The City's consent or approval of any act by the Club requiring the City's consent or approval shall not be deemed to waive or render unnecessary the City's consent to or approval of any subsequent act of the Club. Any waiver by either party or any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Liquidated Damages. (Not Applicable to this Agreement) 8.8 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except for termination by the City for cause. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to the Club. S:/Community Services/Boys & Girls Club Agreement 2001-02 8 140 12 8.9 Attorneys' Fees. If either Party commences an action against the other Party arising out of or in connection with this Agreement, the prevailing Party shall be entitled to recover reasonable attorneys' fees and costs from the losing Party. 9.0 CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION 9.1 Non -liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Club, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Club or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. No officer or employee of the City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his personal interest or the interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any state statute or regulation. The Club warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 9.3 Covenant Against Discrimination. The Club covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. The Club shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 10.0 MISCELLANEOUS PROVISIONS 10.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give to the other party or any person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section 9.1. To City: CITY OF LA QUINTA 78-495 Calle Tampico La Quinta, California 92253 Attention: City Manager To Club: COACHELLA VALLEY BOYS AND GIRLS CLUB, LA QUINTA UNIT 42-600 Cook Street, Suite 120 Palm Desert, California 92211 10.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understandings, negotiations and agreements are integrated into and superseded by this Agreement. S:/Community Services/Boys & Girls Club Agreement 2001-02 9 141 10.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 10.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not effect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 10.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties 'and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. 10.6 Lease, The Lease Agreement shall remain in effect according to its terms. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. Dated: '7 -R -O ATTEST: Elh.W-41 t► APPROVED AS TO F RM: -M. / M. IAA ERINE NSON, City Attorney i•r9i r% � j+ � �' Dated: CITY OF LA Municipal (;o M. Ai rINTA, California ratio J. PE ayor "CITY" BOYS AND GIRLS CLUB OF COACHELLA VALLEY, LA QUINTA UNIT, a nonprofit organization IRS Tax Exempt No.: 5 " Z B ~ .� Y: Name: `0 a Title: "CLUB" S:/Community Services/Boys & Girls Club Agreement 2001-02 10 14 ) 0�� 05/24.2002 13:03 FAX 17603409764 TIME WARNER ATTACHMENT 2 JPL BIBLE CHURCH P.O. BOX 10736 PALM DESERT, CA 92255-0736 PHONE: (760) 772-3700 May 24, 2002 Mr. Tom Genovese, City Manager City Of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Re: Use of La Quinta Boys and Girls Club located at 49-995 Park Avenue, La Quinta, CA 92253 Dear Mr Genovese, It was a pleasure talking with you on the phone yesterday regarding allowing JPL Bible Church to use the above facility for worship services_ Our plan is to hold our weekly 10:30am service eveiy Sunday. To do this we would need access to the facility by 7am for set-up and would be done by 2pm which includes tear down. If at all possible, our greatest desire would be to have access to the facility on Saturday from, 4prn through Sunday till 2pm This would allow us to set-up the night before, and eventually hold services also on Saturday nights. I have verified that we do have significant insurance. t would be glad to have you review our insurance prior to our entering into a rentaldease agreement for use of the facility_ With regards to using the facility, we would need access to the entire building excluding the gymnasium. As we grow, I figure we would move our worship service to the gymnasium within six months. We are a very professional and responsible church and have used other places in the past with positive manageable relationships. To give you fuilher assurance on our background, I am the Past President of the La Quinta Chamber of Corruxterce where I served on the board for 9 years, a current resident of La Quinta, a senior local manager with a Fortune 500 company and a 40 year native of the Coachella Valley. Our Senior Pastor and Arts Pastor have preached together for the past seven years- 1 greatly appreciate you taking the time to approve our request. Our first date of occupation would be June 16, 2001 It is our desire to move our ministry to the La Quinta area, and build a permanent home in La Quinta during this transition. If you have any questions please do not hesitate to call me at my office at 674-5640. Sincerely, rt 1 � Ron Di Gtandi, Deacon JPL Bible Church Cc: Steve Sorenson, Senior Pastor Greg Chastain. Arts Pastor Jim Ducatte, Executive Director - Boys & Girls Club of the Coachella Valley 143 � l 05-24-02 13:01 RECEIVED FROM:17603409764 P.01 TW�p 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: June 4, 2002 CONSENT CALENDAR: ITEM TITLE: Consideration of a Request to Extend the STUDY SESSION: Time for Completion of Improvements for Parcel Map 29052, Lundin Development PUBLIC HEARING: Deny a request to extend the time for the completion of improvements as specified in the approved Subdivision Improvement Agreement (SIA) for Parcel Map 29052, Lundin Development. None. None. Parcel Map 29052, Lundin Development, is located at the northwest corner of Jefferson Street and Avenue 50 (Attachment 1). Lundin Development is the developer of Parcel Map 29052. On December 7, 1999, the City Council approved the Final Parcel Map and SIA. Subsequent to the recordation of this map, Lundin Development sold Parcel 4 of this map to American Stores (Albertsons). Albertsons is not aggressively moving forward with their commercial development, and as a consequence, Lundin Development is not in a position to move forward with their master improvements for this Parcel Map. Under the terms of the SIA, the subdivider shall begin work within ninety (90) days and complete the work within twelve (12) months from the date the SIA was approved. Failure by the subdivider to begin or complete construction of the improvements within the specified time period shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the subdivider in default of the agreement. In this case, the failure to complete certain sewer line improvements may impact the orderly development of Tract 29053 (La Quinta Jefferson Fifty) and Rancho La Quinta (immediately north of Parcel Map 29052). The sewer line extension through Parcel Map 29052 is the downstream segment of a master planned sewer line which will ultimately 14.E T:\PWDEPT\COUNCIL\2002\020604b.wpd provide service to a larger master planned area. Both the La Quinta Jefferson Fifty and T.D. Desert -Rancho La Quinta developers have expressed a concern that the failure to complete the downstream sewer line improvements will delay their respective projects. They feel that this sewer line extension is required under the terms of Lundin Development's SIA and conditions of approval. On April 4, 2002 and on May 1, 2002, City staff conducted meetings with the respective developers in an attempt to resolve the issues in a mutually agreeable manner. At the May 1, 2002 meeting, staff indicated that if an agreement was not reached in a timely manner, it would be the City's responsibility to consider other actions to facilitate the construction of the sewer line. To date, a formal agreement between the parties has not been reached. On May 8, 2002, in accordance with Section 14 of the SIA, City Staff issued a sixty (60) day notice of default to Lundin Development (Attachment 2). Under the provisions of Section 14, if the Subdivider fails to perform any obligation under the SIA and such obligation has not been performed within sixty (60) days after the written notice of default, the City may perform the obligation and the subdivider shall pay the entire cost of such performance by the City, including costs of suit and reasonable attorney's fees incurred by the City in enforcing such obligation. If the terms of the SIA and Conditions of Approval are not fulfilled within the 60 days, the City could find Lundin Development in default and proceed with the necessary steps to complete the obligation to construct the improvements. On May 15, 2002, the City received a letter from the applicant requesting that the period for the completion of the improvements be extended for an unspecified period of time (Attachment 3). Under the terms of the SIA, the City, in its sole discretion, may approve or deny the request, or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. Should the time period for the completion of the sewer line be extended, the La Quinta Jefferson Fifty and Rancho La Quinta projects could be adversely impacted and delayed. Accordingly, staff does not support the time extension request. The alternatives available to the City Council include: 1 . Deny the request to extend the time for the completion of improvements as specified in the approved Subdivision Improvement Agreement for Parcel Map 29052, Lundin Development, or; 145 002 T:\PWDEPT\COUNCIL\2002\020604b.wpd 2. Approve the applicant's request to extend the time for the completion of improvements as specified in the approved Subdivision Improvement Agreement and define a specified extension time for Parcel Map 29052, Lundin Development, or; 3. Provide staff with alternative direction. Respectfu bmitted, oy teph nson, P.E. Interim Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Parcel Map 29052 2. Staff Letter dated May 8, 2002 3. Letter from the Applicant dated May 15, 2002 148 003 1 .M)NMG NUM6EH ww.wxxnaumm� ..vx. rxro—a.�. ATr CHMENT 1 L�,i 2loS_Z ..,.wncaon,..m. . tiwon b \gtil s in WYOhi so Will 7 9b e W 6. n� � �I ^�' N W a s (n Fb i o -ii F O ' 1 t0 � W - v � � W � b01 Ill JN y gg ► $ $ P (/) �� s s o Q n W C R a $gag ow8 E�b S J �� w b LLJ pi oR tl oar me Of Q bye b a 4112, b t3 Z a R i 3 Z a 12 bf i b Ob 5 ill ;< w , 0 a �R1 � �R � � b < a� •� a ^ h N $ � �� Q �+ •� U � � � 39 111, • m 3 8ti 147 005 IN THE CRY OF LA OUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA PARCEL MAP NO. 2905E THE EAST HALF OF THE SOUTH FIVE -EIGHTHS OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF. blamer PALM DESERT, CALIFORNIA GRAPHIC SCALE engineennQ MAY 1999 tool 0 100 200' 300' i BAFO SIS R BEARINGS NO L111ENERED WfS.► LS THE MASS Mae SEARW6S �SHORN ON TNI : 1 inch 100 feetMw all tv OR063 AREA 1427 ACRES NDa02 NET AREA 12M ACRES ro. tL►. w/fAO lS star INS MAP a DEMPT FROM 71E FINAL MAP (FIUSHHPE1) CR 94-133 I I NKOLWSAENTS OF THE SUWh1lION MAP ACT AV'CcrtEp As HE COR. 1`--'rrpp 1 SEC. 32 (DAL I.P.)W/TAO NICE 23296 IN MME SHE AREA NAPPED a 20REO MCIAI_ PER PIS 73E� CR -1133 jr �X s s/s sE�t/4D Von PER CR 54-133 N09'25'01-N 1322.95' Na9'24'271Y 1322.91' 1262.95' I I SIGNATURE OMISSIONS LEGEND 1 m A %AMKET EASEMENT IN FAVOR OF THE PIMUC. REtD r M + INDICATES MONUMENT FOUND AS NOTED I 1 1 I I COACHEL A Way WATER DISTRICT FOR PUNK ROADS, m"w EASEMENTS AM MKIIAS-OF-wAr MR RINDS. PIPELINES. DITCHES + RIOIC m IV 11 " PINE, III* LIM MID CONDIRI6 EOSTNO FOR 711E PUMP= OF INOIIESS AND EGRESS TAPPED R.C.E. 23256. FLUSH FROM OTHER LANDS N MEANS OF IIICH ROADS AND FOR THE 1 PURPOSE OF OOW4YNO IRRIGATING AND DOMESTIC WATER TO SUCH (-) INDICATES RECORD DATA PER R.I. 73/ I I OTHER LANDS MT MEANS OF SUCH PIPELINES. DITCHES. AND CONDUITS. = I ® INDICATES EASEMENT REFEPEIICE I 1 m 30-POOP WOE ►C W EASEMENTS ALONG 111E EAST AID SOUTH CO 1 ONES FOR PRISED AIW/MK PER NOFFICIAL M0. 32Y2 KC011OD A►Rl 17, tISI. RIVOtSroE COUNTY OFFICIAL RECORDS. ` ® CEIREIEIIE A 10WOE EASEMENT IN FNHEIOF GENERAL fELEMRONE COMPANY Of CALIFORNIA FOR P16LHc UTILITIES AND INCIDWAL PURPOSES PER INSTRUMENT 40. 72DU RECORDED .ME ,I. 1I75. RMRSIDE COUNTY OFFICIAL RECORDS. I 1 CENTERUNE OF AN f/AWNT NOT TO CNCEED 64117 NEITHER OMECIION FROM SHE CEMERLI E N FAVOR OF IMPERIAL MIGAW AND 06COWA. W EOE PETRO FOR PA\\\\v(J�I PUBLIC UTILMM II101E3I AND ESS. P I I 1RIYOEOE COUNTY OFFICIALPURPOSES MR 06TRUMENT . RECOOS.D NMM[R 12, 0 S` r n EASEMENT FOR PITCHES OR CANALS INFAVOR OF LISTED STASES POU OooN 7. PAGE :10 of PATENTS. (NOT ►IpRASLn 1 1 I I 51.2p-A' 276.31V Z 275. .00 c( tL ^I S O O gg 1 236.,E J is 9 NI I IT bQi V 153.7V � v J i � I R1 He6'!1 1Y EWElt r' M304.00' 1 I}uy L 42.95'Ht i x1r R-W t' PARCEL_3 0-OSS7'4W'4 3' D1L 1 . {M7220' SLID 72.00' 1 iI HNerst 26W 2tRJ0' 'ii f,8�` I N6p51.26w a R 8 NNu'21 354.11Y17 x.7T A-t.63 AC. it 51 25 1322.71 (WW51'24'W 1322.72') - - - FA i' L►. W/rAo RCE 23290 (FIUWT Pp - - - - - - - - - - - - - - - - - - - PD. I' u. w/TAP LS 336I-� R CR 04-137, ACC[►lED AS SR DOR 6` S/4 (ON. 0.2� NO REF. FOR TAG I WE 1/4. I=. 32 PEA AS'73/6! pU M-133 /CCEPTFD AS i CDR. SEC. >2 I 0.2 E4'�. (OIL 0.7) PER RS 73/63. OR 64-133 IRO ION] 14 R zso�N' A`N Z 006 L � � t�lVa(YV�raIAnFL1O ti•7I3Wf1N.xwvn�VdO PAGE 01 05/15/20e2 09:31 5625926050 LUKO ATTACHMENT 2 Lundin Development Co. May 15, 2002 Mr. Roy Stephenson public Works Director City of La Quinta 78-495 CAe Tampico La Qui ta, CA 92253-1504 Subject: Parcel Map 29052 Dear Mr. Stephenson: in for out This letter is our Inquest to extend the tirrle-frameendar U5 fore next Improvementvision C Ccil meeting to (SI,A) for the referenced Parcel Map. Please cal consider our request. Thank you for your assistance - Yours very truly, �� geo� Greg Bever 4erb Lundin cc: Mayor Jolm Pena -- City of La Quints Mike Smith -Warner Engineering 149 16400 Paoifi0 Coast Highway, Suite 207 • Huntington Beach, California 92649 • (562) 592-6020 • FAX (562) 592-6050 007 rr ran. ,n Tci �cra_��_71�4 KIOMG-1 0 niITNTA PIIPI TC lJml -.., P. 1 ATTACHMENT 3 Sh\ni�g Brighter Than P.O. Box 1504 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 BLP Desert Mr. Leorard H. Lundin Pacific Coast Highway, Suite 207 Huntington Beach, CA 92649 RE: Parcel Map 29052 - 60 Day Notice of Default Dear Mr. Lundin: May 8, 2002 (760) 777-7000 FAX (760) 777-7101 Please be advised that this letter serves as your notice of default for failure to begin or complete construction of the required improvements in accordance.with the approved Subdivision Improvement Agreement (SIA). The SIA was approved by the City Council on December 7, 1999. Section 6., Completion of Improvements, of the approved SU requires that the subdivider begin construction of the improvements within ninety (90) days and complete the improvements within twelve (12) months after the approval of the agreement. Failure by the Subdivider to begin or complete construction of the improvements within the specified time periods shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the agreement. In accordance with Section 14., City Right to Cure, of the SIA, if the Subdivider fails to perform any obligation under the SIA and such obligation has not been performed within sixty (60) days after this written notice of default, the City may perform the obligation and the subdivider shall pay the entire cost of such performance by the City, including costs of suit and reasonable attorney's fees incurred by the City in enforcing such obligation. If the terms of the SIA and Conditions of Approval are not fulfilled within the 60 days, the City may find you in default and proceed with the necessary steps to complete your obligation to construct the improvements. Please call me at 760-777-7042 should you have any questions regarding this notice. Sincerely, oy F: Stephenson, P.E. Interim City Engineer/Public Works Director C.C. Tom Genovese, City Manger Katherine Jenson, City Attorney Lou Jones and Associates (American Motorists Insurance Company) T:\PWDEMSTAFF\Schulze\Special Projects\PM29052\02-05-08 Notice of Default.wpd 8 ' nm« Titit 4 4 Qum& AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: .tune 4, 2002 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Discussion Regarding the La Quinta PUBLIC HEARING: Library Concepts RECOMMENDATION: As deemed appropriate by the City Council. BACKGROUND AND OVERVIEW: On November 6, 2001, the La Quinta City Council approved a contract with the M.W. Steele Group Inc. (Architect) to provide planning and design services for the La Quinta Library, to be located on approximately 1.25 acres at the northeast corner of the Civic Center Campus. The project includes the construction of a 20,000 square foot building shell with a first -phase library interior build -out of approximately 10,000 square feet. The balance of interior space will receive basic floor, ceiling and wall finishes and may be available for other civic uses until such time as the library is expanded to its full 20,000 square foot capacity. Staff met with the architect to begin the process of identifying the programming needs of the La Quinta Library. Programming needs are defined as the facility requirements in which to accommodate the services offered at the Library. The current La Quinta Library offers several programs which include the children's story hour, literacy tutoring, homework assistance and others. The basic programming needs were identified by staff with input from M.W. Steele Group, Inc. as the firm has designed and built several libraries. On November 27, 2001, a formal kick-off meeting for the library project was attended by City staff, Riverside County Library staff and the architects to review the project schedule and to discuss the preliminary programming needs. On December 12, 2001, a programming workshop was held with the above referenced parties. At this meeting, the physical space needed for each program element was identified. Due to the facility possibly being built in two phases, the program elements were identified for both a 10,000 square foot building and 20,000 square foot building. 151 On February 19, 2002, the City Council reviewed the programming elements that were identified at the December 12, 2001, meeting, as provided in Attachment 1. On March 4, 2002, a public meeting was held at the La Quinta Senior Center to solicit public input as to the amenities the public would like to see incorporated into the library design. The Friends of the La Quinta Library were in attendance as well the general public. The programming elements discussed were those that had been identified by the library staff and City Council. Consideration has been given to the orientation of the Library on the Civic Center Campus in relationship to the Campus amenities, such as the lake, as well as the path of the sun during the day. The path of the sun must be considered for the heat and direct light elements which are design elements of library facilities. As reference, the direction given to the architect was to design a 20,000 square foot building, with 10,000 square feet being usable with the additional 10,000 square feet to be expanded into in the future. A meeting with the architect, library staff and city staff was held on May 6, 2002, in which concepts were discussed. Attachment 2 provides design objectives the architect provided in designing the concepts. The architect took the information gained from the February 19, 2002, City Council meeting and the March 4 public meeting and have incorporated the programming elements into three designs for the City Council's consideration, provided as Attachments 3, 4, and 5. Each Attachment has three components: the overall relationship to the Civic Center Campus( Attachment 3A, 4A, 5A); the usable space at 10,000 square foot construction (Attachment 313, 4B, 5B); and the total usable space at the final buildout at 20,000 square feet (Attachment 3C, 4C, 5C). Library staff have reviewed the concepts and state that each of the designs will accommodate the functions of the library. Parking: Additional parking is not being proposed at this time. After reviewing the current amount of parking at the La Quinta Senior Center and the Civic Center, the architect has stated that there is adequate parking to accommodate library use. Landscaping: The landscaping for the Library is not being considered at this time, however, due to the location on the Civic Center Campus, the Library landscaping will be compatible with the Civic Center Campus landscaping. Staff is seeking City Council direction regarding the concept in which the architect will begin finalizing the design for future City Council consideration. The architectural style of the building and aesthetics of the facility will be presented for City Council consideration in the next phase of design. 13? S:\Community Services\CCReports\CC.201.Library Design Discussion.wpd Respgctfully submitted, 17odie Horvitz +- Community i6erfices Director Approved for submission by: r- 01 zx�z/ Thomas P. Genovese City Manager Attachments: 1. Minutes from the February 19, 2002 City Council Meeting 2. Design Objectives for the La Quinta Library 3. Concept A (3A, 3B, 3C) 4. Concept B (4A, 4B, 4C) 5. Concept C (5A, 513, 5C) S:\Community Services\CCReports\CC.201.Library Design Discussion.wpd City Council Minutes 10 7. SECOND READING OF ORDINANCE NO. 366 r ATTACHMENT 1 February 19, 2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ASSIGNING PRE -ANNEXATION ZONING TO 816 ACRES GENERALLY BOUNDED BY AVENUE 58 ON THE NORTH, AVENUE 60 ON THE SOUTH, MADISON STREET ON THE WEST, AND MONROE STREET ON THE EAST, AND THE EAST SIDE OF MONROE STREET BETWEEN AVENUE 59 AND AVENUE 61 (ZONE CHANGE 2001-103 - T. D. DEVELOPMENT). It was moved by Council Members Sniff/Henderson to adopt Ordinance No. 366 on second reading. Motion carried by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena NOES: None ABSENT: None ABSTAIN: None STUDY SESSION 1. DISCUSSION OF CONCEPTUAL LIBRARY PROGRAMMING ELEMENTS. Community Services Director Horvitz presented the staff report. In response to Council Member Perkins, Barbara Bowie, of the Riverside County Library System, explained the circulation service desk is utilized for library materials to be checked in and out. In response to Mayor Pena, Ms. Bowie stated the catalog access computers are located in different locations for easy accessibility. Council Member' Adolph stated he felt it's important to get input from Ms. Bowie and the Friends of the La Quinta Library to ensure proper proportions for each library area is included in the first phase in order to have an easier transition into a full library. Tom Anglewicz, architect with M. W. Steele, confirmed the library will be planned as a 20,000 square foot facility even though only 10,000 square feet will be utilized initially. In response to Mayor Pena, Mr. Anglewicz stated the City of Rancho Mirage library is approximately 11,000 square feet and is planned for expansion. 154 " � 5 City Council Minutes 11 February 19, 2002 Council Member Sniff suggested the computers be clustered instead of scattering them throughout the library. Mr. Anglewicz explained the four catalog access computers will be in different locations for easy accessibility but the remaining 18 computers for public use will be clustered in a couple of locations. He added it is common practice to have power and data connections at tables for the public to use their personal laptop computers. Council Member Sniff commented on the importance of having a tutoring station and a "great books" area. Ms. Horvitz noted a Study/Tutoring Room is proposed. Mayor Pena voiced concern that tutoring may get into the purview of the school's responsibility. Council Member Adolph commented on the need for a casual reading area with comfortable chairs and natural lighting. Robert Atkins, of Friends of the La Quinta Library, spoke regarding the need for a CD collection and a separate children's area where children can make noise without disturbing other people in the library. In response to Council Member Henderson, Ms. Bowie confirmed libraries usually have a separate story -telling room for children. Ms. Horvitz advised a meeting will be held to get input from the public and Friends of the La Quinta Library. The architect will then prepare conceptual drawings for Council's review. REPORTS AND INFORMATIONAL ITEMS CVAG Public Safety Committee — Council Member Henderson reported the Gang Task Force is close to being up and running and that Palm Desert, Rancho Mirage, and Indian Wells are not participating at this time. She suggested a letter under the Mayor's signature be sent to those cities to encourage their participation. CVAG Transportation Committee — Council Member Sniff reported the funding issue for the Interstate 10/Jefferson Street interchange is still being addressed because the City of Indio is requesting a new study. ATTACHMENT 2 La Quinta Public Library - Alternative Concepts Overall Design Objectives 5/6/02 • "Anchor" the Corner • Open to the Park • Orient both to parking and to the frontage on Calle Tampico; create a shared entry from both directions, if possible • Organize functions, and "space types" in harmony with the geometry of building form • As much as possible, provide a central point of control and surveillance • Create clear and understandable basic circulation patterns • Create a logical separation of "fixed" areas from open, flexible areas, especially as relates to future expansion • Provide a shared entry lobby for the library and community meeting rooms (in Phase Two), if possible. • Facilitate expansion into Phase Two without substantial reconstruction of Phase One 159 k'lJ ■ 20 } Q cc m 2 J a m aQ 0 $ aQzm S Zda Ed a 000 cy ZOO v JUU., mi 158 U M c a) E U c� } Q cc m Q Q Qcr Q ca a` Zm a ZCL Z~a y 5000 CZO QJuLL�04 co V Q i 0 5 J w O H I :15.9 Em U � a m as o CL za m zdaNLLI p VOO o JULL;z 02 I t I z� � Q H V m J � J a� a C OaC Q00am z~a � U4 c.11 w OUOO �y Q O.4O �— 4 LO LL� 16.1 m LO C a) E r v ca El Q � m Q g J U Q Q Q ca G aVZm o QJ Q• J zaa N OU00 W oy Zoo v d Jig R 9 194 C� 2 Q co a Ma � aUZm J FQ- i.. J H Z�=O OZao s .Q10U.N m� 1. Re; DEPARTMENT REPORT: I— A c&t,, 4 5 CF�l OF T1 �s4 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: THOMAS P. GENOVESE, CITY MANAGER DATE: JUNE 4, 2002 SUBJECT: SPECIAL CITY COUNCIL MEETING TO CONSIDER THE FISCAL YEAR 2002/03 PRELIMINARY BUDGET FOR THE CITY OF LA QUINTA A special meeting of the City Council to consider the Fiscal Year 2002/03 Preliminary Budget for the City of La Quinta is proposed for Thursday, June 20, 2002, at 3:00 p.m. With Council concurrence of this date, or an alternative date, the City Clerk will notice the date and time of the special meeting. .166 DEPARTMENT REPORT: B-A JUNE 5 JUNE 13 JUNE 18 JULY 2 JULY 16 AUGUST 6 AUGUST 20 SEPTEMBER 3 SEPTEMBER 17 CITY COUNCIL'S UPCOMING EVENTS SPECIAL JOINT CITY COUNCIUPLANNING COMMISSION MEETING VOLUNTEER FIREMEN APPRECIATION DINNER CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING- 16 "7 June 2002 La Quints City Council Monthly Planner 3 4 5 6:00 PM CVAG 2:00 PM City 10:00 AM ALRC Exec- Pena Council Meeting 7:00 PM Special City Council/ Planning Comrr sion Meeting rl 9 10 11 12 13 14 15 10:00 AM Public 7:00 PM C.V. 9:00 AM RCTC- 12:00 PM Energy/ Safety -Perkins Mosquito Abate. Pena Envi-Sniff 12:00 PM Transp. -Perkins 5:30 PM Invest- 6:00 PM Volun- -Perkins 7:00 PM Planning ment Advisory teer Firemen Flag Day 6:00 PM League Commission Board Apprec. Dinner of Cities-Riv.Div. Meeting 7:00 PM Cultural 7:00 PM Commu- Arts Commission nity Services Commission 16 17 18 19 20 21 22 9:00 AM CVB- Henderson 3:00 PM Historic Preservation ksm Father's Da y 2:00 PM City Council Meeting Commission 1 st Day of Summer 24 25 26 27 4:00 PM CVAG- 7:00 PM Planning 12:00 PM CVAG 9:00 AM LAFCO- Exec. Com-Pena Commission Human/Comm- Henderson 6:00 PM CVAG Meeting Adolph General 4:00 PM DRRA Assembly Airp-Henderson Printed by Calendar Creator Plus on 5/29/2002 168 July 2002 La Quinta City Council Monthly Planner 0 4 5 6 1 2 3I. 2CoPM City 10:00 AM ALRC Council Meeting Independence Day (City Hall Closed) 7 8 9 10 11 12 13 10:00 AM Public 7:00 PM C.V. 9:00 AM RCTC- 12:00 PM Energy/ Safety -Perkins Mosquito Abate. Pena Envi-Sniff 12:00 PM Transp. -Perkins 5:30 PM Invest- 7:00 PM Cultural Perkins 7:00 PM Planning ment Advisory Arts Commission 6:00 PM League Commission Board of Cities-Riv.Div. Meeting 7:00 PM Commu- nity Services Commission 14 15 16 17 18 19 20 9:00 AM CVB- 3:00 PM Historic Henderson Preservation 2:00 PM City Commission Council Meeting 21 22 23 24 25 26 27 7:00 PM Planning 12:00 PM CVAG 9:00 AM LAFCO- Commission Human/Comm- Henderson Meeting Adolph 4:00 PM DRRA Airp-Henderson 28 29 30 31 F ,us 6:00 PM CVAG- Exec Com-Pena JuneAugust u; S MT W T F S S MT W T F S 1 2 3 2 3 4 5 6 7 8 4 5 6 7 8 9 10 9 10 11 12 13 14 15 11 12 13 14 15 16 17 11 16 17 18 19 20 21 22 1923 24 25 26 27 28 29 8 19 20 21 22 23 24 1 30 25 26 27 28 29 30 31 � k Printed by Calendar Creator Plus on 5/29/2002 August 2002 La Quints City Council Monthly Planner M. 1 2 3 July4 September S M T W T F S' S M T W T F S 1 2 3 4 5 6, 1 2 3 4 5 6 7 7 8 9 1011 1213 8 9 1011 12 13 14 e 14 15 16 17 18 19 20 15 16 17 18 19 20 21 21 22 23 24 25 26 27 22 23 24 25 26 27 28 28 29 30 31 29 30 g 6 7 4 5 8 9 10 2:00 PM City 10:00 AM ALRC 12:00 PM Energy/ Council Meeting Envi-Sniff 7:00 PM Cultural Arts Commission 11 12 13 14 15 16 17 10:00 AM Public 7:00 PM C.V. 9:00 AM RCTC- 3:00 PM Historic Safety -Perkins Mosquito Abate. Pena Preservation 12:00 PM Transp. -Perkins 5:30 PM Invest- Commission -Perkins 7:00 PM Planning ment Advisory 6:00 PM League Commission Board of Cities-Riv.Div. Meeting 7:00 PM Commu- nity Services Commission 18 19 20 21 22 23 24 9:00 AM CVB- 9:00 AM LAFCO- Henderson Henderson 2:00 PM City Council Meeting 25 26 27 28 29 30 31 6:00 PM CVAG- 7:00 PM Planning 12:00 PM CVAG Exec Com-Pena Commission Human/Comm- Meeting Adolph 4:00 PM DRRA Airp-Henderson Printed by Calendar Creator Plus on 5/29/2002 _ li0 DEPARTMENT REPORT: 3_B c&ht 4 QuiK& MEMORANDUM TO: The Honorable Mayor and Members of the City Council FROM: City Clerk June Greek DATE: June 14, 2001 RE: City Council Summer Meeting Schedule In previous years, the City Council has chosen to approve a modified summer schedule, holding only one City Council meeting during August and/or September. Should this be the Council's pleasure again this year, direction to the City Clerk to adjourn the designated meeting(s) due to lack of a quorum would be in order. The regular meetings scheduled for August, 2002 are: August Vh and 20th and in September: September 3'd and 171h . Staff would appreciate the City Council's direction so public hearings and other matters can be scheduled accordingly. 171, Tityl 44Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: June 4, 2002 CONSENT CALENDAR: ITEM TITLE: Public Meeting on Landscape and Lighting STUDY SESSION: Assessment District No. 89-1, Fiscal Year 2002-2003 PUBLIC HEARING: Informational Public Meeting only. Receive and file. The anticipated revenues identified in the Engineer's Report reflect assessments totaling $829,748 in Fiscal Year 2002-2003. None. On May 21, 2002, the City Council adopted the following two (2) resolutions: ► Resolution No. 2002-75 (Attachment 1), approving the Preliminary Engineer's Report for Landscape and Lighting Assessment District 89-1, Fiscal Year 2002- 2003; ► Resolution No. 2002-76 (Attachment 2), declaring intention to levy annual assessments for maintenance and servicing landscape and lighting improvements within the boundaries of the territory included in the Citywide Landscape and Lighting Assessment District 89-1, and giving notice thereof. 17�? T:\PWDEPT\COUNCIL\2002\020604a.wpd The Engineer's Report is required by the Landscape and Lighting Act of 1972 and must include the following information: 1 . A description of the services to be provided throughout the District. 2. Total costs necessary to provide all services described in the Engineer's Report. 3. A diagram showing the boundaries of the District, including special benefit zones. 4. An assessment schedule. The May 2002 Engineer's Report, prepared by City staff with the parcel reconciliation completed by MBIA MuniFinancial, provides the required information for the Landscape and Lighting District 89-1 for Fiscal Year 2002-2003. A copy of the report is on file in the City Clerk's office. The Engineer's Report projects the following for Fiscal Year 2002-2003 in comparison to the Fiscal Year 2001 /2002 Engineer's Report: FY 2001-2002 FY 2002-2003 Citywide benefit zone Yes Yes Number of local benefit zones 6 6 Number of Equivalent Dwelling Units (EDU's) 21,950 23,308 EDU Rate $35.60/EDU $35.60/EDU District Revenue $781,405 $829,748 The actual assessment per equivalent dwelling unit (EDU) has not changed from the previous year. The Engineer's Report was completed in accordance with provisions set forth by Proposition 218, which was passed by the voting public during the November 1996 election. The total proposed Landscape & Lighting Budget expenses for 2002- 2003 total $1,102,939. This amount reflects the cost estimates for exempt landscape maintenance projects (within the road right-of-way) and non-exempt landscape maintenance projects (parks and facilities). The total cost for exempt projects within the Citywide Benefit Zone as indicated in the Preliminary Engineer's Report is $1,102,939. The proposed 2002-2003 budget of $1,102,939 for exempt projects includes $1,099,218 for the total citywide benefit zone and $3,721 for the North La Quinta Sub Zone expenses. As was the case in Fiscal Year 1995-1996 through Fiscal Year 2001- 2002, it is proposed that the North La Quinta Sub Zones continue to be identified in the Engineer's Report and the expenses be funded from sources outside of the Landscape & Lighting Assessment District. 4 *W ^ 002 T:\PWDEPT\COUNCIL\2002\020604a.wpd Under the provisions of Proposition 218, in order to increase assessments within the Lighting and Landscape District, it is required to conduct a public vote on the increased assessments. This public vote may only occur during an election year in which city officials are running for election. Therefore, last year's assessment of $35.60 per EDU is proposed for the Fiscal Year 2002-2003 assessment. With the new parcel reconciliation, the estimated total revenue for the District is $829,748. The difference ($269,470) will be funded through the General Fund. These numbers indicate a shortfall when considering projects that are exempt from the provisions of Proposition 218. Exempt projects include all landscape and lighting within the transportation right-of-way. The purpose of the Public Meeting is to allow affected property owners an opportunity to ask questions of the Council and staff regarding the District and to provide public testimony regarding the proposed changes. A Public Hearing has been noticed for the July 2, 2002 City Council Meeting. The purpose of the Public Hearing is to allow affected property owners an opportunity to submit written protests regarding the proposed changes outlined in the Preliminary Engineer's Report. The proposed fee levels are not approved at this time. Only after the Public Meeting and Public Hearing have been conducted, can the Council adopt assessment fees for Fiscal Year 2002-2003. The purpose of the Public Meeting is to provide affected property owners an opportunity to ask the City Council and staff questions pertaining to the proposed changes to the Landscape and Lighting Assessment District 89-1 for Fiscal Year 2002-2003, as outlined in the Preliminary Engineer's Report, dated May 2002. Therefore, there are no recommendations or alternatives at this time. RespectfulIy-fiub_m ted, Roy F�tephdnsroh,`P.E. Interi Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Resolution 2002-75 174 2. Resolution 2002-76 003 T:\PWDEPT\COUNCIL\2002\020604a.wpd ATTACHMENT 1 RESOLUTION NO. 2002-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE REPORT OF THE ENGINEER FOR FISCAL YEAR 2002-2003 IN CONNECTION WITH LA QUINTA LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 WHEREAS, the City Council of the City of La Quinta, pursuant to the provisions of Part 2 of Division 15 of the California Streets and Highways Code, did on May 7, 2002, order the Interim City Engineer, Roy F. Stephenson, P.E., to prepare and file a report in accordance with Article 4 of Chapter 1 and Part 2, Division 15 of the California Streets and Highways Code, commencing with Section 22565, for the Fiscal Year commencing July 1, 2002 and ending June 30, 2003 in connection with La Quinta Landscape and Lighting Assessment District 89-1; and WHEREAS, the City Engineer has prepared and filed with the City Clerk of the City of La Quinta and the City Clerk has presented the City Council such report entitled "La Quinta Landscape and Lighting Assessment District 89-1, Preliminary Engineer's Report" (the "Report); and WHEREAS, the City Council has carefully examined and reviewed such Report. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS: Section 1. The Report, as filed, is hereby approved. PASSED, APPROVED AND ADOPTED this 21 st day of May, 2002, by the following vote: AYES: NOES: ABSTAIN: ABSENT: JOHN J PERA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. Katherine Jenson, City Attorney City of La Quinta, California 175 l TAMDEMCOUNCIL\2002\020521 c.wpd ATTACHMENT 2 RESOLUTION NO. 2002-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY THE ANNUAL ASSESSMENTS FOR CONSTRUCTION, MAINTENANCE AND SERVICING LANDSCAPING AND LIGHTING IMPROVEMENTS WITHIN THE BOUNDARIES OF THE TERRITORY INCLUDED IN THE CITYWIDE LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 AND TO LEVY AND COLLECT ASSESSMENTS PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 AND GIVING NOTICE THEREOF WHEREAS, the City Council by its Resolution No. 89-9 initiated proceeding pursuant to provisions of the Landscape and Lighting Act of 1972, being Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereinafter referred to as "the Act"), for the formation of a Landscape and Lighting Assessment District designated "La Quinta Landscape and Lighting Assessment "District No. 89-1 ", shall include all of the territory located within the boundaries of the City; and WHEREAS, the City Council desires to levy and collect assessments within proposed La Quinta Landscape and Lighting Assessment District No. 89-1 for the Fiscal Year commencing July 1, 2002 and ending June 30, 2003 to pay the costs and expenses of constructing, operating, maintaining, and servicing landscaping, lighting and appurtenant facilities located within public places in the City; and WHEREAS, the Engineer selected by the City Council has prepared and filed with the City Clerk of the City of La Quinta and the City Clerk has presented to the City Council a report in connection with the proposed La Quinta Landscape and Lighting Assessment District No. 89-1 and the City Council did by previous Resolution approve such report. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS: Section 1. The City Council of the City of La Quinta (hereinafter referred to as the "City Council") has previously formed Landscape and Lighting District No. 89-1 pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 225500 (hereinafter referred to as "the Act"). Section 2. The City Council hereby finds: 1) that the maintenance and operation of projects identified in the Preliminary Engineer's report for this District No. 89-1 consisting solely of exempt items of sidewalks, streets, sewers, water, flood control, and/or drainage pursuant to Article 13D Section 5(a) of the California Constitution, and 2) that the public interest requires the maintenance of the improvements, and 3) declares its intention to levy and collect assessments for the fiscal year commencing July 1, 2002 and ending June 30, 2003 to pay for the costs and expenses of the improvements described in Section 4 hereof. 176 TAMDEPT\COUNCIL\2002\020521c.wpd 006 Section 3. The territory included within the boundaries of the Assessment District includes all of the land included within the boundaries of the City. Section 4. Reference is hereby made to the report of the Engineer on file with the City Clerk of the City of La Quinta for a full and fair description of the improvements, the boundaries of the Assessment District and any zones therein and the proposed assessments upon assessable lots and parcels of land within the Assessment District. Section 5. Notice is hereby given that the 4th day of June 2002, 7:00 p.m. at the City Council Chambers, 78-495 Calle Tampico, La Quinta, California, 92253, is the time and place fixed for a public meeting by the City Council to allow public testimony regarding the proposed increased assessment. Section 6. Notice is hereby given that the 2"d day of July 2002, 7:00 p.m. at the City Council Chambers, 78-495 Calle Tampico, La Quinta, California, 92253, is the time and place fixed for a Public Hearing by the City Council on the question of the levy of the proposed assessment for Assessment District 89-1. Any interested person may file a written protest with the City Clerk prior to the conclusion of the hearing, or, withdrawal of the protest. A written protest shall state all grounds of objections and a protest by a property owner shall contain a description sufficient to identify the property owned by such property owner. At the hearing, all interested persons shall be afforded the opportunity to hear and be heard. Section 7. The City Clerk is hereby authorized and directed to give notice of such hearings as provided in the Act. Section 8. The City Council hereby designates the Desert Sun as the newspaper in which notice of the Public Hearing shall be published. 177 007 T:\PWDEPT\COUNCIL\2002\020521 c. wpd PASSED, APPROVED AND ADOPTED this 21 st day of May 2002, by the following vote: AYES: NOES: ABSTAIN: ABSENT: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. Katherine Jenson, City Attorney City of La Quinta, California 178 T:\PWDEPT\C0UNCIL\2002\020521 C.wpd Tity,, 4 4 Q" COUNCIL/RDA MEETING DATE: June 4, 2002 Continued Public Hearing to 1) Certify a Mitigated Negative Declaration of Environmental Impact; 2) Zone Change 2002-084, a Request to Change 10.76 Acres of Low Density Residential Zone to High Density Residential Zone; and 3) Site Development Permit 2002-730, a Request to Allow Development Plans for a 149 Unit Apartment Complex and Ancillary Facilities Located on the South Side of Avenue 52, East of Jefferson Street Applicant: Clubhouse Associates, L.L.C. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: C51— Adopt a Resolution of the City Council certifying Environmental Assessment 2002- 443, a Negative Declaration of Environmental Impact for Zone Change 2002-106, and Site Development Permit 2002-730; and, Move to introduce Ordinance No. by title and number only and waive further reading. Motion to introduce Ordinance No. _ on first reading approving Zone Change 2002-106, re -zoning certain properties from Low Density Residential to High Density Residential; and, Adopt a Resolution of the City Council approving Site Development Permit 2002-730, design plans for a 149 unit apartment complex, subject to conditions of approval. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The currently vacant triangular 10.76 acres project site is located on the south side of Avenue 52, approximately 600 feet east of Jefferson Street, with the All American Canal on the eastern property line (Attachment 1). 179 A:\CC staff rpt. 6-4-02.wpd Planning Commission Action: On March 26, 2002, upon the developer's request, the Planning Commission voted 4-0-1 to continue the hearing to the April 23, 2002; at that meeting, the applicant asked for a continuance until the May 14, 2002, Planning Commission meeting. The Planning Commission reviewed the developer's request on May 14, 2002, and discussed all aspects of the application and, after deliberation, voted (4-0-1) to recommend: 1. Certification of Environmental Assessment 2002-443, 2. Approval of Zone Change 2002-106 , and 3. Approval of Site Development Permit 2002-730. The recommendations are based on the attached Findings and Conditions of Approval including modifications, as requested by the Commission. Excerpts from the Minutes of the Public Hearings are attached (Attachment 2). Project Description: The applicant proposes 18 apartment buildings with eight different floor plans having similar elevations including a one story 5,680 square foot Clubhouse/Administration building, pool, putting green, barbeque areas and a great lawn (Attachment 3). Floor plans are one and two bedrooms (some with dens) ranging in size from 752 square feet to 1,308 square feet. Four apartment buildings are one story at approximately 24, feet in height, 10 buildings are two story at approximately 33 feet in height, and three stories with a maximum 40' height. Site Plan: The proposed site plan has frontage on Avenue 52 with three access points into the site parking for residents and guests. The west access will be shared with an adjacent planned and approved neighborhood commercial center allowing a right -in, right -out, and left -in turning movement. The middle access provides a right -in, right - out turning movement, and the east access allows a right -in, right -out, and left -in turning movement. Proposed resident parking is provided around the entire perimeter of the project, with the east and west perimeter parking proposed to be screened by a 6' chain link fence. Proposed are 69 open parking stalls (9' X 17' with a 2' overhang), 228 carports (9' X 17' with a 2' overhang) , and 40 one car (10, X 20) garages. Amenities include: a community center, a pool, a spa, a great lawn, water elements, barbeques, and a putting green. 00� 80 AACC staff rpt. 6-4-02.wpd Architectural Plans: All buildings are proposed to have a similar contemporary design; each proposed building will be covered with flat concrete tile and walls will have a stucco finish. The proposed roof style is a gable style with pyramid and dome style roofed stairwells with flat concrete tile and ceramic tile respectively. Also proposed is a twenty two foot high 6,000 square foot "L" shaped Clubhouse with a similar design using the same materials as the proposed units. All proposed windows for the apartments are multi -pane with slider glass doors. Aluminum frames are proposed for all windows including the sliding glass doors that lead to outdoor patios or balconies covered with a stained wood trellis. All three story buildings are proposed to have garages (with roll -up wood panels) and storage with two levels of dwelling units above the garages. Carport structures are freestanding with support posts located at the front of the stall; they are 12 feet high and custom constructed prefabricated painted steel with fabric roofs. Landscape Plan: The landscaping plan identifies a palette of plant material consisting of shrubs, groundcover, and trees for the entries, the setbacks , the on -site planting areas, and the building perimeter planters. For the required landscape setback on Avenue 52, the applicant proposes 26 "Desert Museum" Palo Verde trees. California Fan Palms and Mexican Fan Palms accent the two gated project entries and entry wall on Avenue 52; Queen Palms surround and define the pool area. Date Palms are scattered throughout the courtyards and walkways. A variety of additional trees for shade and accent are proposed (all with 1.25 to 1.5 calipers) throughout the site. They include: Hong Kong Orchid Tree, Flame Tree, Palo Brea, Chinese Pistachio, Chilean Mesquite, Pomegranate, and Texas Mountain Laurel. Colored pavers are proposed to delineate courtyards, pathways, patios, and pool decking. A water efficiency calculation has been completed and the project is in compliance with the Code. Environmental Assessment: Based on California Environmental Quality Act (CEQA) requirements, staff prepared Environmental Assessment (EA) 2001-414 for the project. The Noise Assessment Study, prepared for the EA, recommends certain noise control mitigation measures including a minimum five feet high noise barrier/wall. Staff recommends certification of a Mitigated Negative Declaration of Environmental Impact. Public Notice: The case was advertised in the Desert Sun newspaper on March 25, 2002. All property owners within 500 feet of the affected area were mailed a copy of the public notice as required. JQ FINDINGS AND ALTERNATIVES: Conditions are proposed that meet the objectives of the General Plan and Zoning Code. Findings for approval can be made and are included in the attached Resolutions. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council certifying Environmental Assessment 2002-443, a Negative Declaration of Environmental Impact for Zone Change 2002-106, and Site Development Permit 2002-730; and, Move to introduce Ordinance No. by title and number only and waive further reading. Motion to introduce Ordinance No. _ on first reading approving Zone Change 2002-106, re -zoning certain properties from Low Density Residential to High Density Residential; and, Adopt a Resolution of the City Council approving Site Development Permit 2002-730, design plans for a 149 unit apartment complex, subject to conditions of approval; or, 2. Do not adopt Resolutions of the City Council certifying Environmental Assessment 2002-443, approving Zone Change 2002-106, and approving Site Development Permit 2002-730; or 3. Continue the Public Hearing to a future date; or 4. Provide staff with alternative direction. Respectfully submitted, munity Development Director Approved for Submission by: Thomas P. Genovese, City Manager 1. Location Map 2. Excerpts from the Minutes of the Planning Commission March 26, 2002, April 23, 2002, and May 14, 2002 3. Plans and Elevations (City Council only) AACC staff rpt. 6-4-02.wpd Public Hearings of 1 B' U4 RESOLUTION 2002 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT PREPARED FOR ZONE CHANGE 2002-106, AND SITE DEVELOPMENT PERMIT 2002-730 CASE NO.: ENVIRONMENTAL ASSESSMENT 2002-443 APPLICANT: CLUBHOUSE ASSOCIATES L.L.C. WHEREAS, the City Council of the City of La Quinta, California, did on the 16th day of April, 2002, hold a duly -noticed and continued said Public Hearing to the Vh day of June, 2002 to consider Environmental Assessment 2002-443 for Zone Change 2002-106, and Site Development Permit 2002-730 herein referred to as the "Project" for Clubhouse Associates L.L.C.; and WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 26th day of March, 2002, hold a duly -noticed Public Hearing and continued said Public Hearing to the 23rd day of April and subsequently continued said Public Hearing to the 14th day May to consider Environmental Assessment 2002-443 for Zone Change 2002-106, and Site Development Permit 2002-730; and WHEREAS, an Initial Study and Mitigated Negative Declaration has been prepared collectively for Environmental Assessment 2002-443 prepared for Change of Zone 2002-106, and Site Development Permit 2002-730, located on the South Side of Avenue 52, East of Jefferson Street, more particularly described as: APN's: 772-300-002 & 772-300-003; and WHEREAS, the City has prepared the Initial Study and Mitigated Negative Declaration in compliance with CEQA and the State CEQA Guidelines, California Code of Regulations, Title 14, section 15000 et. seq., ("CEQA Guidelines"); and WHEREAS, the City mailed notice of its intention to adopt the Mitigated Negative Declaration in compliance with Pubic Resources Code Section 21092 on March 25, 2002, to landowners within 500 feet of the Project Site and to all public entities entitled to notice under CEQA, which notice also included a notice of the public hearing before the City Council on April 16; and WHEREAS, the City published a notice of its intention to adopt the Mitigated Negative Declaration and associated Initial Study in the Desert Sun on • March 25, 2002, and further caused the notice to be filed with the Riverside County Clerk in accordance with the CEQA Guidelines; and AACC RESO EA 2002-442.wpd Resolution 2002- Environmental Assessment 2002-443 Adopted June 4, 2002 Clubhouse Associates L.L.C. Page 2 WHEREAS, during the comment period, the City received no comment letters on the Mitigated Negative Declaration; and WHEREAS, the La Quinta Planning Commission on May 28, 2002, did consider the Project and recommended to the City Council certification of the Mitigated Negative Declaration for the Project; and WHEREAS, the City Council held a duly noticed public hearing on June 4, 2002, on the Initial Study and Mitigated Negative Declaration, during which public hearing testimony and other evidence was received. NOW THEREFORE, BE IT RESOLVED by the City Council, as follows: SECTION 1: The above recitations are true and correct and are adopted as the Findings of the Council. SECTION 2: The City Council finds that the Mitigated Negative Declaration has been prepared and processed in compliance with CEQA, the State CEQA Guidelines and the City's implementation procedures. The City Council has independently reviewed and considered the information contained in the Mitigated Negative Declaration, and finds that it adequately describes and addresses the environmental effects of the Project, and that, based upon the Initial Study, the comments received thereon, and the entire record of proceeding for this Project, there is no substantial evidence in light of the whole record that there may be significant adverse environmental effects as a result of the Project. The mitigation measures identified in the Mitigated Negative Declaration have been incorporated into the Project and these measures mitigate any potential significant effect to a point where clearly no significant environmental effects will occur as a result of this Project. SECTION 3: The Project will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant unmitigated impacts were identified by Environmental Assessment 2002-443. SECTION 4: The Project will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of rare or endangered plants or animals or eliminate important examples of the major periods of California history or prehistory. A:\CC RESO EA 2002-442.wpd 184 UC6 Resolution 2002- Environmental Assessment 2002-443 Adopted June 4, 2002 Clubhouse Associates L.L.C. Page 3 SECTION 5: There is no evidence before the City that the Project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends. SECTION 6: The Project does not have the potential to achieve short- term environmental goals, to the disadvantage of long-term environmental goals, as no significant effects on environmental factors have been identified by the Environmental Assessment. SECTION 7: The Project will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity, as development patterns in the area will not be significantly affected by the Project. SECTION 8: The Project will not have the environmental effects that will adversely affect the human population, either directly or indirectly, as no significant impacts have been identified which would affect human health, risk potential or public services. SECTION 9: The City Council has fully considered the proposed Mitigated Negative Declaration and the comments received thereon. SECTION 10: The Mitigated Negative Declaration reflects the independent judgment and analysis of the Council. SECTION 11: The location of the documents which constitute the record of proceedings upon which the City Council decision is based is the La Quinta City Hall, Community Development Department, 78-495 Calle Tampico, La Quinta, California 92253, and the custodian of those records is Jerry Herman, Community Development Director. SECTION 12: A Mitigation Monitoring Program (MMP), a copy of which is attached hereto, is hereby adopted pursuant to Public Resources Code § 21081.6 in order to assure compliance with the mitigation measures during Project implementation. SECTION 13: Based upon the Initial Study and the entire record of proceedings, the Project has no potential for adverse effects on wildlife as that term is defined in Fish and Game Code § 711.2. 185 A:\CC RESO EA 2002-442.wpd v07 Resolution 2002- Environmental Assessment 2002-443 Adopted June 4, 2002 Clubhouse Associates L.L.C. Page 4 SECTION 14: The City Council has on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 California Code of Regulations 753.5(d). SECTION 15: The Mitigated Negative Declaration is hereby certified and adopted. SECTION 16: The Community Development Director shall cause to be filed with the County Clerk a Notice of Determination pursuant to CEQA Guideline § 15075(a). PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 4th day of June, 2002, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California A:\CC RESO EA 2002-442.wpd Environmental Checklist Form 1. Project Title: General Plan Amendment 2001-084, Change of Zone 2002-106, Site Development Permit 2002-730, Clubhouse Apartments. 2. Lead Agency Name and Address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 3. Contact Person and Phone Number: Fred Baker, 760-777-7125 4. Project Location: South side of Avenue 52, approximately 600 feet east of Jefferson 5. Project Sponsor's Name and Address: Clubhouse Associates, LLC 160 Newport Center Drive Newport Beach, CA 92660 6. General Plan Designation: Current: Low Density Residential Proposed: High Density Residential 7. Zoning: Current: Low Density Residential Proposed: High Density Residential 8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) General Plan Amendment and Change of Zone to change the density of the property from 4 units per acre to up to 16 units per acre on a parcel of land approximately 10 acres in size. Site Development Permit to allow the construction of 149 apartments and ancillary facilities. 9. Surrounding Land Uses and Setting: Briefly describe the project's surroundings. North: Avenue 52, Low Density Residential South: All -American Canal West: Vacant Neighborhood Commercial, recently approved for a shopping center East: All -American Canal, Single Family Residential 10. Other agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) Not applicable PACEQAchecklistEA 02-443wpd 817 1 n Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Agriculture Resources 'Air Quality Biological Resources Cultural Resources Geology and Soils Hazards and Hazardous Materials Hydrology and Water Quality Land Use Planning Mineral Resources Noise Population and Housing Public Services Recreation Transportation/Traffic Utilities and Service Systems Mandatory Findings Determination (To be completed by the Lead Agency.) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the applicant. A MITIGATED NEGATIVE DECLARATION will be prepared. AN I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. F07 I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. March 7.2002 18 ignature Date G:\WPDOCS\fnv Asses\ClubAssocCklst.WPD Evaluation of Environmental Impacts: 1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the reference information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2. All answers must take account of the whole action involved, including off -site as well as on- site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4. "Negative Declaration: Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVIII, "Earlier Analysis," may be cross-referenced). 5. Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analysis are discussed in Section XVIII at the end of the checklist. 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8. The analysis of each issue should identify: a) the significance criteria or threshold used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance G:\WPDOCS\Env Asses\ClubAssocCklst.WPD 189 oil. Issues (and Supporting Information Sources): Would the proposal result in potential impacts involving: AESTHETICS: Would the project: a) Have a substantial adverse effect on a scenic vista? (General Plan Exhibit CIR-5) b) Damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (General Plan EIR, page 5-12 ff.) c) Substantially degrade the existing visual character or quality of the site and its surroundings? (Application materials) d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? (Application materials) AGRICULTURAL RESOURCES:. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model prepared by the California Dept. Of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland) to non-agricultural use? (Master Environmental Assessment 5-29, 5-32) b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (Zoning Map) c) Involve other changes in the existing environment which, due to their location or nature, could individually or cumulatively result in loss of Farmland, to non-agricultural use? (Aerial photographs) III. AIR QUALITY: Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable Air Quality Attainment Plan or Congestion Management Plan? (SCAQMD CEQA Handbook) b) Violate any stationary source air quality standard or contribute to an existing or projected air quality violation? (SCAQMD CEQA Handbook) c) Result in a net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (SCAQMD CEQA Handbook) Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact X X X X X F�51 1 X X G:\WPDOCS\Env Asses\ClubAssocCklst.WPD 4 IV V d) Expose sensitive receptors to substantial pollutant concentrations? (Project Description) e) Create objectionable odors affecting a substantial number of people? (Project Description) BIOLOGICAL RESOURCES: Would the project: a) Have a substantial adverse impact, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? (Master Environmental Assessment, Exhibit 5-1) b) Have a substantial adverse impact on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? (Master Environmental Assessment, p. 5-2 ff.) c) Adversely impact federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) Either individually or in combination with the known or probable impacts of other activities through direct removal, filling, hydrological interruption, or other means? (Master Environmental Assessment, p. 5-2 ff.) d) Interfere substantially with the movement of any resident or migratory fish or wildlife species or with established resident or migratory wildlife corridors, or impede the use of wildlife nursery sites? (Master Environmental Assessment, p. 5-2 ff.) e) Conflict with any local policies or ordinances protecting biological resources such as a tree preservation policy or ordinance? (La Quinta Municipal Code; General Plan) f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Conservation Community Plan, or other approved local, regional, or state habitat conservation plan? (Master Environmental Assessment 5-5) CULTURAL RESOURCES: Would the project: a) Cause a substantial adverse change in the significance of a historical resource which is either listed or eligible for listing on the National Register of Historic Places, the California Register of Historic Resources, or a local register of historic resources? b) Cause a substantial adverse change in the significance of a unique archaeological resources (i.e., an artifact, object, or site about which it can be clearly demonstrated that, without merely adding to the current body of knowledge, there is a high probability that it contains information needed to answer important scientific research questions, has a special and particular quality such as being the oldest or best available example of its type, or is directly associated with a scientifically recognized important prehistoric or historic event or person)? c) Disturb or destroy a unique paleontological resource or site? (Lakebed Delineation Map) X X X 9 /1 KI X ►Q1 X X 191 G:\WPDOCS\Env Asses\ClubAssocCktst.WPD 5 u1.3 Pj VII. d) Disturb any human remains, including those interred outside of formal cemeteries? ("Cultural Resources Assessment of a 15 acre Parcel...," Archaeological Associates, July 2001) GEOLOGY AND SOILS: Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (General Plan EIR, Exhibit 4.2-3, page 4-35) ii) Strong seismic ground shaking? (General Plan MEA, Exhibit 6-2, page 6-7) iii) Seismic -related ground failure, including liquefaction? (General Plan MEA, Exhibit 6-2, page 6-7) iv) Landslides? (General Plan MEA, Exhibit 6-2, page 6-7) b) Result in substantial soil erosion or the loss of topsoil? (General Plan MEA, Exhibit 6-2, page 6-7) c) Be located on a geological unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslides, lateral spreading, subsidence, liquefaction or collapse? ("Geotechnical Investigation Proposed 7 Lot Residential Subdivision...," Sladden Engineering, August 2001) d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? (General Plan EIR, page 4-30 ff.) e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal system where sewers are not available for the disposal of waste water? (Master Environmental Assessment 5-32) HAZARDS AND HAZARDOUS MATERIALS: Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? (Application Materials) b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the likely release of hazardous materials into the environment? (Application Materials) c) Reasonably be anticipated to emit hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? (Application Materials) X 9 Q G:\WPDOCS\Env Asses\ClubAssocCklst.WPD 6 d) Is the project located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (Riverside County Hazardous Materials Listing) e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) f) For a project within the vicinity of a private airstrip; would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? (Master Environmental Assessment p. 6-11) h) Expose people or structures to the risk of loss, injury or death involving wildlands fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (General Plan land use map) Vill. HYDROLOGY AND WATER QUALITY : Would the project: a) Violate Regional Water Quality Control Board water quality standards or waste discharge requirements? (Master Environmental Assessment 6-26, 6-27) b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (i.e., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted? (General Plan EIR, page 4-57 ff.) c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? (General Plan EIR, page 4- 30 ff.) d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on - or off -site? (General Plan EIR, page 4-30 ff.) e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems to control? (General Plan EIR, page 4-30 ff.) f) Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (Master Environmental Assessment 6-13) g) Place within a 100-year floodplain structures which would impede or redirect flood flows? (Master Environmental Assessment 6-13) 93 G:\WPDOCS\Env Asses\ClubAssocCklst.WPD 7 IX. LAND USE AND PLANNING: Would the project: a) Physically divide an established community? (Specific Plan Project Description) b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purposes of avoiding or mitigating an environmental effect? (Master Environmental Assessment 2-11) c) Conflict with any applicable habitat conservation plan or natural communities conservation plan? (Master Environmental Assessment 5-5) X. MINERAL RESOURCES: Would the project: a) Result in the loss of availability of a known mineral resource classified MRZ-2 by the State Geologist that would be of value to the region and the residents of the state? (Master Environmental Assessment 5-29) b) Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (Master Environmental Assessment 5-29) XI. NOISE: Would the project result in: a) Exposure of persons to, or generation of, noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? ("Acoustical Analysis The Clubhouse Apartments," prepared by Gordon Bricken & Associates; General Plan MEA, Exhibit 6-4, page 6-17) b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? ("Acoustical Analysis The Clubhouse Apartments," prepared by Gordon Bricken & Associates; General Plan MEA, Exhibit 6-4, page 6-17) c) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? (General Plan MEA, Exhibit 6-4, Pg 6-17) d) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (Master Environmental Assessment) e) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive levels? (General Plan map) G:\WPDOCS\Env Asses\ClubAssocCklst.WPD 8 X X Q X X X X X P E4 194 u16 XII. POPULATION AND HOUSING: Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and ' businesses) or indirectly (for example, through extension of roads or other infrastructure)? (General Plan, page 2-14) b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? (Application Materials) c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? (Application Materials) XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? (General Plan MEA, page 4-3 ff. ) Police protection? (General Plan MEA, page 4-3 ff. ) Schools? (General Plan MEA, page 4-9 ff. ) Parks? (General Plan; Recreation and Parks Master Plan) Other public facilities? (General Plan MEA, page 4-14 ff. ) XIV. RECREATION: a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Application Materials) b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Application Materials) XV. TRANSPORTATION/TRAFFIC: Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? (General Plan EIR, pg 4-126 ff.) G:\WPDOCS\Env Asses\ClubAssocCklst.WPD 9 m 0 X X 91 X X b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (General Plan EIR, page 4-126 ff.) c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (General Plan EIR, page 4-126 ff.) d) Substantially increase hazards to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (General Plan EIR, page 4-126 ff.) e) Result in inadequate emergency access? (Application Materials) f) Result in inadequate parking capacity? (Application Materials) g) Conflict with adopted policies supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Application Materials) XVI. UTILITIES AND SERVICE SYSTEMS: Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? (General Plan MEA, page 4-24 ) b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, page 4-24 ) c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, page 4-27) d) Are sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (General Plan MEA, pg 4-20) e) Has the wastewater treatment provider which serves or may serve the project determined that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? (General Plan MEA, page 4-20) f) Is the project served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? (General Plan MEA, page 4-28) G:\WPDOCS\Env Asses\ClubAssocCklst.WPD 10 e 0 0 M Q M X 196 ('1.8 XVII. MANDATORY FINDINGS OF SIGNIFICANCE: a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the' incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current project, and the effects of probable future projects)? d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVIII. EARLIER ANALYSIS. X X X Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets. a) Earlier analysis used. Identify earlier analysis and state where they are available for review. No earlier analysis were used in this review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Not applicable. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. See attached Addendum. SOURCES: Master Environmental Assessment, City of La Quinta General Plan 1992. SCAQMD CEQA Handbook. General Plan, City of La Quinta, 1992. 197 City of La Quinta Municipal Code A 9 G:\WPDOCS\Env Asses\ClubAssocCklst.WPD 11 "Acoustical Analysis The Clubhouse Apartments," prepared by Gordon Bricken & Associates, NOVEMBER 29, 2001. "Phase I Archaeological Survey of the Clubhouse at La Quinta...," prepared by W & S Consultants. Traffic Impact Analysis letter, dated February 12, 2002, prepared by Wildan. 198 020 G:\WPDOCS\Env Asses\ClubAssocCklst.WPD 12 . Addendum for Environmental Assessment 2002-443 I. a) & c) The proposed project includes one, two and three story buildings. The three story buildings are proposed on the boundary of the site adjacent to the All - American Canal (buildings 1, 2, 2.13 and 4). The height of these buildings is shown to reach 40 feet. However, the buildings will never be adjacent to other development, insofar as the All -American Canal will always provide a buffer to development on the south. The buildings will be at least 200 feet from any development to the south, and probably more when setbacks are added to those properties. This distance reduces the potential impacts associated with the structures to a less than significant level. III. a) The proposed project will generate air pollution primarily from the operation of motor vehicles. The 149 apartment units could generate approximately 5,500 trips per day'. Based on this trip generation, the project at buildout will generate the following pollutants. Running Exhaust Emissions (pounds/day) PM10 PM10 PM10 CO ROC NOx Exhaust Brakes Tires 50 mph 198.8 7.65 40.7 -- 0.85 0.85 7 9 Daily Threshold 550 75 100 150 Based on 5,500 trips/day and average trip length of 7 miles, using EMFAC7G Model provided by California Air Resources Board. Assumes catalytic light autos at 75°F. * Operational thresholds provided by SCAQMD for assistance in determining the significance of a project and the need for an EIR. As demonstrated in the Table above, the proposed project will not exceed any threshold for the generation of moving emissions, as established by the South Coast Air Quality Management District in determining the need for an EIR. The impacts to air quality relating to chemical pollution are not expected to be significant. III. c) The Coachella Valley is a non -attainment area for PM10 (particulate matter of 10 microns or smaller). The construction of the proposed project has the 199 Traffic Analysis letter dated February 13, 2002, prepared by Wildan. 1 I G:\WPDOCS\Env Asses\CIubAssocAdd.WPD potential to generate dust, which could contribute to the PM 10 problem in the area. In order to control PM 10, the City has imposed standards and requirements on development to control dust. The applicant will be required to submit such a plan prior to initiation of any earth moving activity at the site. In addition, the potential impacts associated with PM10 can be mitigated by the mitigation measures below. 1. Construction equipment shall be properly maintained and serviced to minimize exhaust emissions. 2. Existing power sources should be utilized where feasible via temporary power poles to avoid on -site power generation. 3. Construction personnel shall be informed of ride sharing and transit opportunities. 4. Cut and fill quantities will be balanced on site. 5. Any portion of the site to be graded shall be pre -watered to a depth of three feet prior to the onset of grading activities. 6. Watering of the site or other soil stabilization method shall be employed on an on -going basis after the initiation of any grading activity on the site. Portions of the site that are actively being graded shall be watered regularly to ensure that a crust is formed on the ground surface, and shall be watered at the end of each work day. 7. Landscaped areas shall be installed as soon as possible to reduce the potential for wind erosion. Perimeter landscaping on Avenue 52 and the retention basin landscaping shall be completed with the first phase of development. 8. SCAQMD Rule 403 shall be adhered to, insuring the clean up of construction -related dirt on approach routes to the site. 9. All grading activities shall be suspended during first and second stage ozone episodes or when winds exceed 25 miles per hour. With the implementation of these mitigation measures, the impacts to air quality from buildout will not be significant. 4�00 lS � 40 G:\WPDOCS\Env Asses\ClubAssocAdd.WPD V. b) A cultural resource survey was conducted for the subject property'. The survey found three prehistoric sites and one isolate on the site. As a result, the report recommends the imposition of the following mitigation measure: 1 . A Phase II testing program shall be conducted on the subject property. The findings of the Phase II testing shall be compiled into a report to be submitted to the City for review and approval prior to the issuance of grading permits. VI. a) i) & ii) The proposed project lies in a Zone III groundshaking zone. The property, as with the rest of the City, will be subject to significant ground movement in the event of a major earthquake. Structures on the site will be required to meet the City's standards for construction, which include Uniform Building Code requirements for seismic zones. The City Engineer will require the preparation of site -specific geotechnical analysis in conjunction with the submittal of grading plans (please see below). This requirement will ensure that impacts from ground shaking are reduced to a less than significant level. VI. b) The subject property is subject to soil erosion due to wind. The City will implement requirements for a PM 10 management plan, and additional mitigation measures have been included in the Air Quality discussion above. These mitigation measures will reduce potential impacts to a less than significant level. VIII. b) Domestic water is provided by the Coachella Valley Water District, which extracts groundwater from a number of wells in the Lower Thermal sub -basin. The project proponent will be required to implement the City's standards for water conserving plumbing fixtures and on -site retention, which both aid in reducing the potential impacts associated with groundwater. The proposed project will also meet the requirements of the City's water -conserving landscaping ordinance. These standards will reduce potential impacts to a less than significant level. VIII. c)&d) The proposed project will alter the drainage pattern in the area through grading and covering of soil with impermeable surfaces. The City requires that all construction projects retain the 100 year 24 hour storm on -site. This will control the amount of runoff which exits the site during a storm. The project's drainage plan will be reviewed and approved by the City Engineer prior to the issuance of grading permits. z "Phase I Archaeological Survey of the Clubhouse at La Quinta...," prepared by W & S Consultants. 201 G:\WPDOCS\Env Asses\ClubAssocAdd.WPD �l 2 3 XI. a) A noise study was prepared for the proposed project3. The study found that noise levels of 69 dBA CNEL could be expected at 100 feet from the center line of Avenue 52. Since the project proposes sensitive receptors, namely apartments, for the site, mitigation is required to reduce the impacts, particularly to first floor units near the Avenue 52 right-of-way. 1 . A 5 foot tall barrier, either in the form of a wall or berm, or combination of both, shall be erected along the entire length of the property on Avenue 52, and for a distance of at least 200 feet along the western and eastern property lines. The wall shall have no openings or cutouts, except drain holes, within the 5 feet of height. 2. Construction of all units shall conform to the recommendations made in the "Acoustical Analysis The Clubhouse Apartments...," prepared by Gordon Bricken & Associates, November 2001. XI. c) The construction of the proposed project will also generate temporary high noise levels which could impact residential development to the south and east. In order to reduce these potential impacts, the following mitigation measures shall be implemented: 1. All internal combustion equipment operating within 500 feet of any occupied residential unit shall be fitted with properly operating mufflers and air intake silencers. 2. All stationary construction equipment (e.g. generators and compressors) shall be located in the northwest corner of the site. 3. Construction activities shall be limited to the hours prescribed in the La Quinta Municipal Code. XIII. a) The proposed development will have a direct impact on public services and will be served by the County Sheriff and Fire Department, acting under City contract. Site development will generate property tax which will offset the costs of added police and fire services. The project area will be required to pay the mandated school fees as development occurs. These fees mitigate the students generated, and offset the impacts to schools. 3 "Acoustical Analysis The Clubhouse Apartments...," prepared by Gordon Bricken & Associates, November 2001. 2021 G:\WPDOCS\Env Asses\CJubAssocAdd.WPD 024 The project will be required to participate in the City's Impact Fee Program, which helps to offset roadway improvement costs. Site development is not expected to have a significant impact on municipal services or facilities. XV. a) A traffic analysis letter was prepared for the proposed project'. The letter finds that the potential additional traffic generated at the site will not represent a significant impact on the City's roadway system. Further, the City's General Plan EIR and associated traffic study included analysis of this property for High Density Residential development. The project falls within the parameters of the EIR, and will not further impact the roadway system. Impacts are expected to be less than significant. 4 Letter dated February 12, 2002, by Wildan. 2'Jn 3• 0213 G:\WPDOCS\Env Asses\ClubAssocAdd.WPD N 0 0 0 O CM N N O O N U 9(o a A�Ap C7ov�C) W d A 19 a a M '4!t N 0 0 N U a Q z z a F dd964 A V W H A U� zA �W OV U W N U cor o 4- 0 0 � c to r. u► O O v O O F UrA U �.0 o.0 r. U .r �. a` a a.a a as o`na a 44 Wa a� a� (A t zZ a0 co m cd A a a w c �, �, b U U U m U Cl m m N z F 6 a�i o m M N 3 do y a o cnco a 0-4Cd U ;, y b ►�. A v n 3 c 0 2 0 O W H U N d U) Q W Z046 U 0 0 E H d A v ova A a� 00 OU U 0 a W F o '~ U � � C7 � o U 0 0 o � a a w � 0 zz A W62 a j UA oW 0-4 F U o Ln �Q a a Cd � � a U � � U F d A U� av OU U F U U U U U O. a 04 a a F 0 cn 0 0 0 oq oA oA � A A A A a w� zzCd z 00 Cd Cd Cd W� A A A A b � b 0.1 W f� Ga 0 O U ~ O z 4.1 ° cd Fx W con cd cad �' U z N (49 x U 4.)i N 205 o27 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, REZONING CERTAIN PROPERTY FROM LOW DENSITY RESIDENTIAL TO A HIGH DENSITY RESIDENTIAL DESIGNATION CASE NO.: ZONE CHANGE 2002-106 APPLICANT: CLUB HOUSE ASSOCIATES L.L.C. WHEREAS, the City Council of the City of La Quinta, California, did on the 16th day of April, 2002, hold a duly -noticed and continued said Public Hearing to the 41h day of June, 2002 to consider the request of Clubhouse Associates, L. L.C. for a Zone Change to the City of La Quinta Zoning Map designated as Low Density Residential (LDR) and to replace it with a High Density Residential (RH) designation; as shown on Exhibit A. ;and more particularly described as: A.P.N. 772-300-002 and 772-300-003; and WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 26th day March, 2002, hold a duly -noticed Public Hearing and continued said Public Hearing to the 23'd day of April and subsequently continued said Public Hearing to the 14th day May to consider the request of Clubhouse Associates, L. L.C. for said Zone Change. WHEREAS, at said City Council Public Hearing, 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 justify the approval of said Zone Change. 1 . This Zone Change is consistent the 2002 General Plan Update, in that the Zone Change categories proposed are consistent with the goals, objectives, and policies in the General Plan. 2. The Zone Change is suitable and appropriate for the property because it is adjacent to and compatible with a planned neighborhood commercial center, a planned residential development, and takes access off a Major Arterial road. SECTION 1. The official Zoning Map for the City of La Quinta is hereby amended for those areas shown on Exhibit "A" attached hereto and made a part of the this Ordinance. 206 A:\CC ORD - ZC 2002-106.wpd o29 Ordinance No. Change of Zone 2002-106 Clubhouse Apartments, L.LC. Adopted June 4. 2002 Page 2 SECTION 2. ENVIRONMENTAL. Said Zoning Change request determination that no significant environmental impacts which cannot be mitigated will result from this project. Therefore, no further Environmental Assessment is necessary pursuant to Public Resources code 15162 from the Guidelines for Implementation for the California Environmental Quality Act. SECTION 3. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 4: POSTING. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be posted in at least three public places designated by resolution of the City Council, and shall cause this Ordinance and its certification, together with proof of posting, to be entered into the Book of Ordinances of this City. . The foregoing Ordinance was approved and adopted at a meeting of the City Council held on this day of , 2002, by the following vote: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California �47 A:\CC ORD - ZC 2002-106.wpd U29 EXHIBIT A `5114 I Avenue 52 BI ssa nv •"? rRA 020.057 DANf V^ �O • P� 'r e Ex 1 [3 "joa 7 / PROJECT LOCATION PTV v µ, L O 4� h I ® _ w CASE MAP CASE Na ORTH ZONE CHANGE 2002-106 1 SCALE: - NTS F08 030 RESOLUTION 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE DESIGN PLANS FOR A 149 UNIT APARTMENT COMPLEX CASE NO.: SITE DEVELOPMENT PERMIT 2002-730 APPLICANT: CLUBHOUSE ASSOCIATES, L.L.C. WHEREAS, the City Council of the City of La Quinta, California, did on the 16th day of April, 2002, hold a duly -noticed and continued said Public Hearing to the 4th day of June, 2002 to consider the request of Clubhouse Associates, L. L.C. for a Site Development Permit as shown on Exhibit A., and more particularly described as: A.P.N.: 772-300-002 & 772-300-003 and; WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 261h day of March, 2002, hold a duly -noticed Public Hearing and continued said Public Hearing to the 23rd day of April and subsequently continued said Public Hearing to the 14th day May to consider the request of Clubhouse Associates, L. L.C. for a Site Development Permit and; WHEREAS, the Architecture and Landscape Review Committee, at its meeting of March 13th, 2002 did review the architecture and landscape plans for the proposed project and recommended approval. WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings of approval to justify said Site Development Permit 2002-730 : A. Site Development Permit 2002-730 is consistent with Goal 2 of the residential goals, policies, and programs and intent of the La Quinta General Plan which states: "A broad range of housing types and choices for all residents of the City" in that the proposed housing is not extensively available in the City. B. Site Development Permit 2002-730 is consistent with the allowed density of up to 16 units per acre and stated purpose to allow multi -family housing (Table 2.1) for the High Density Residential (HDR) land use designation in that the proposed density for the project is 14.9 units per acre and the project provides multi -unit residential buildings. �09 A:\CC RESO SDP 2002-730.wpd i 1 31. Resolution 2002- Site Development Permit 2002-730 Clubhouse Apartments, L.LC. Adopted June 4, 2002 C. The design and development of the apartment complex will be consistent with the City's Zoning Code provided conditions contained herein are met to ensure consistency with the General Plan and mitigation of environmental consequences pursuant to Environmental Assessment 2002-443. D. The site design of the proposed project is compatible with the development quality in the area and accommodates site generated traffic. E. The landscape design of the proposed project complements the building and surrounding development in that it enhances the aesthetic and visual quality of the area, provides adequate visual buffering with trees and mounding, and uses a high quality of plant materials. E. The architectural design of the project is compatible with the surrounding development in that it is a similar scale, massing and building height of other planned development in the area; the building materials will be high quality, durable and low maintenance, provided conditions are met. G. The architectural design of the project is consistent with the Zoning Code in that land use and circulation considerations, scale, massing and building height of the facility are met. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; 2. That it does approve of Site Development Permit 2002-730 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 the 4th day of une, 2002, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: 210 032 A:\CC RESO SDP 2002-730.wpd Resolution 2002- Site Development Permit 2002-730 Clubhouse Apartments, L.LC. Adopted June 4, 2002 JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 2j , A3 A:\CC RESO SDP 2002-730.wpd RESOLUTION 2002- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2002-730 CLUBHOUSE APARTMENTS, L.L.C. ADOPTED JUNE 4, 2002 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 Site Development Permit. 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. 2. 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, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, applicant shall furnish proof of such approvals when submitting the improvement plans for City approval. (FOR ALL CONSTRUCTION SITES FIVE (5) ACRES OR MORE: A project -specific NPDES construction permit must be obtained by the applicant; and who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NOI"), prior to the issuance of a grading or site construction permit by the City.) 21 A4 ' A:\CC COA SDP 2002-730.wpd Resolution 2002- Conditions of Approval - Recommended Site Development Permit 2002- 730 Clubhouse Apartments, L.LC. Adopted June 4, 2002 3. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08- DWQ . A. For construction activities including clearing, grading or excavation of land that disturbs five (5) acres or more of land, or that disturbs less than five (5) acres of land, but which is a part of a construction project that encompasses more than five (5) acres of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). 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 Site Development Permit. 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 Practice ("BMPs"), 8.70.020 (Definitions), LQMC: 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. E. All of applicant's erosion and sediment control BMPs shall be approved by the City Engineer prior to any on or off site grading being done in relation to this project. F. All approved project BMPs shall be maintained in their proper working order throughout the course of construction, and until all improvements have been accepted by the City. 4. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 21,3 1133 A:\CC COA SDP 2002-730.wpd Resolution 2002- Conditions of Approval - Recommended Site Development Permit 2002- 730 Clubhouse Apartments, L.LC. Adopted June 4, 2002 PROPERTY RIGHTS 5. Prior to the issuance of any permit(s), the applicant shall acquire, or confer, those easements, and other property rights necessary for the construction and/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 the maintenance, construction and reconstruction of essential improvements. 6. 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. 7. Unless the ultimate developed right-of-way can be documented, the public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Avenue 52 (Primary Arterial) 110 foot ultimate developed right of way, 55 feet on the south side. 8. Right-of-way geometry for property line corner cut -backs at curb returns shall conform to Riverside County Standard Drawing #805, unless otherwise approved by the City Engineer. 9. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. 10. The applicant shall create perimeter landscaping setbacks along all public right-of- ways as follows: A. Avenue 52 (Major Arterial) - 20-foot from the Right of Way/Property Line. The listed setback depth shall be the average depth where a meandering wall design is approved. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the 214 applicant shall offer for dedication blanket easements for those purposes. (A 6 A:\CC COA SDP 2002-730.wpd Resolution 2002- Conditions of Approval - Recommended Site Development Permit 2002- 730 Clubhouse Apartments, L.LC. Adopted June 4, 2002 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, park lands, and common areas shown on the Site Development Permit. 12. The applicant shall vacate all abutter's right -of -access to public streets and properties from all frontages along such public streets and properties, excepting those access points shown on the Site Development Permit. 13. 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, ingress/egress, or other encroachments will occur. 14. When an applicant proposes the vacation, or abandonment, any existing right-of-way, or access easement, which will diminish the access rights to any properties owned by others, the applicant shall provide an alternate right-of-way or access easement, to those properties, or shall submit notarized letters of consent from the affected property owners. 15. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of this Site Development Permit and the date of final acceptance of the on and off -site improvements for this Site Development Permit, unless such easement is approved by the City Engineer. 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 Engineering 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 t 215 improvements required by other agencies and utility purveyors. 3 7 A:\CC COA SDP 2002-730.wpd Resolution 2002- Conditions of Approval - Recommended Site Development Permit 2002- 730 Clubhouse Apartments, L.LC. Adopted June 4, 2002 A. Off -Site Street Plan: 1 " = 40' Horizontal, 1 " = 4' Vertical The street improvement plans shall include permanent traffic control and separate plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, mounding, and berming design in the combined parkway and landscape setback area. B. Off -Site Street Median Landscape Plan: 1 " = 20' C. Perimeter Landscape Plan: 1 " = 20' D. On -Site Rough Grading Plan: 1 " = 40' Horizontal E. On -Site Precise Grading Plan: 1 " = 30' Horizontal F. On -Site Utility Plan: 1 " = 40' Horizontal G. On -Site Landscape Plan: 1 " = 20' Horizontal The plans shall be submitted a minimum of 8 to 10 weeks prior to the issuance of construction permits to allow adequate time for plan check and revisions. 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. All Off -Site Plan & Profile Street Plans and Signing & Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. "Site Development" 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 ADA requirements; and show the existing street improvements out to at least the center lines of adjacent existing streets. "Site Utility" plans shall normally include all sub -surface improvements including but not necessarily limited to sewer lines, water lines, fire protection and storm drainage systems. "Rough Grading" plans shall include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. 18. The City maintains standard plans, details and/or construction notes for elements of construction. For a fee, established by City resolution, the applicant may purchase such standard plans, detail sheets and/or construction notes from the City. 19. The applicant shall furnish a complete set of the AutoCAD files of all complete, 21 j approved improvement plans on a storage media acceptable to the City Engineer. The A:\CC COA SDP 2002-730.wpd Resolution 2002- Conditions of Approval - Recommended Site Development Permit 2002- 730 Clubhouse Apartments, L.LC. Adopted June 4, 2002 files shall be saved in a standard AutoCAD format so they may be fully retrievable through a basic AutoCAD program. At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the AutoCAD files in order to reflect the as -built conditions. Where the improvement plans were not produced in a standard AutoCAD format, or a file format which can be converted to an AutoCAD format, the City Engineer will accept raster -image files of the plans. OFF -SITE IMPROVEMENT SECURITY AGREEMENTS 20. Prior to the conditional approval of this Site Development Permit, or the issuance of any permit(s), the applicant shall construct all off -site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Off -Site Improvement Agreement ("OSIA") guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 21. Improvements to be made, or agreed to be made, shall include removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monuments. 22. When improvements are to be secured through an OSIA, and prior to any permits being issued by the City, the applicant shall submit detailed construction cost estimates for all proposed off -site improvements for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule adopted by City resolution, or ordinance. For items not listed in the City's unit cost schedule, the proposed unit costs shall be approved by the City Engineer. At the same time the applicant submits its detailed construction cost estimates for the security determination of the OSIA, the applicant shall also submit one copy of an 8- 1 /2" x 11 " reduction of the Site Development Plan, along with one copy of an 8-1 /2" x 11 " Vicinity Map. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost ,?1 7 estimates for its own on and off -site improvements. A:\CC COA SDP 2002-730.wpd A 9 Resolution 2002- Conditions of Approval - Recommended Site Development Permit 2002- 730 Clubhouse Apartments, L.LC. Adopted June 4, 2002 Cost estimates for the security of telephone, natural gas, or Cable T.V. improvements will not be required. 23. When improvements are phased through an administrative approval (e.g., Phasing Plan, Site Development Permits, etc.), all off -site improvements and common on -site improvements (e.g., backbone utilities, retention basins, perimeter walls, landscaping and gates) shall be constructed, or secured through an OSIA, prior to the occupancy of any permanent buildings in the first phase of the development, or as otherwise approved by the City Engineer. Improvements and obligations required of each subsequent phase shall either be completed, or secured through an OSIA, prior to the occupancy of permanent buildings within such latter phase, or as otherwise approved by the City Engineer. The same submittal criteria shall apply to all subsequent phases as required for the first phase submittal. (E.g. detailed cost estimates, 8-1 /2" x 11 " reductions, etc.) 24. In the event the applicant fails to construct improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, or other phasing method, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. GRADING 25. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 26. 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. 27. 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 qualified engineer or architect, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, and C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16 (Fugitive Dust Control), LQMC. 218 u40 A:\CC COA SDP 2002-730.wpd Resolution 2002- Conditions of Approval - Recommended Site Development Permit 2002- 730 Clubhouse Apartments, L.LC. Adopted June 4, 2002 All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions submitted with its application for a grading permit. 28. 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. 29. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape areas outside the right of way unless otherwise approved by the City Engineer. The applicant shall minimize the differences in elevation between the adjoining properties and the pads within this development. The existing approved SDP 2001-71 1 is located immediately west of the subject property and has proposed grades at the southerly end approximately 6 feet lower than the proposed parking grade for the subject project. The applicant shall provide a workable design which either minimizes the grade difference between the two projects or design and construct a retaining wall/garden wall system in accordance with the City's standards to accommodate the grade differential. Building pad elevations on contiguous interior lots shall not differ by more than three feet except for lots that do not share a common street frontage, where the differential shall not exceed five feet. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 30. Prior to any site grading or regrading that will raise or lower any building pads within the project site by more than plus or minus three tenths of a foot from the elevations shown on the approved Site Development Permit, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 31. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor. 219 u 1. A:\CC COA SDP 2002-730.wpd Resolution 2002- Conditions of Approval - Recommended Site Development Permit 2002- 730 Clubhouse Apartments, L.LC. Adopted June 4, 2002 Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. DRAINAGE 32. The applicant shall comply with the provisions of Section 13.24.120 (Drainage), LQMC, Engineering Bulletin No. 97.03. 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 tributary drainage area shall extend to the centerline of adjacent public streets. The design storm shall be either the 3 hour, 6 hour or 24 hour event producing the greatest total run off. 33. In design of retention facilities, the maximum percolation rete shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise. 34. Nuisance water shall be retained on site. In residential developments, nuisance water shall be disposed of in a trickling sand filter and leach field approved by the City Engineer. The sand filter and leach field shall be designed to contain surges of up to 3 gph/1,000 sq. ft. of landscape area, and infiltrate 5 gpd/1,000 sq. ft. 35. 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. 36. No fence or wall shall be constructed around any retention basin unless approved by the Community Development Director and the City Engineer. 37. For on -site common retention basins, retention depth shall not exceed six feet and side slopes shall not exceed 3:1 . 38. 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 Section 9.100.040(B)(7), LQMC. 39. The design of the development shall not cause any increase in flood boundaries, 22� levels or frequencies in any area outside the development. A:\CC COA SDP 2002-730.wpd 4 2. Resolution 2002- Conditions of Approval - Recommended Site Development Permit 2002- 730 Clubhouse Apartments, L.LC. Adopted June 4, 2002 40. 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. 41. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. UTILITIES 42. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 43. 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. 44. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 45. 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. STREET AND TRAFFIC IMPROVEMENTS 46. 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; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 47. Streets shall have vertical curbs or other approved curb configurations that will convey water without ponding, and provide lateral containment of dust and residue during street sweeping operations. Unused curb cuts on any lot shall be restored t221 standard curb height prior to final inspection of permanent building(s) on the lot. (� � 3 A:\CC COA SDP 2002-730.wpd Resolution 2002- Conditions of Approval - Recommended Site Development Permit 2002- 730 Clubhouse Apartments, L.LC. Adopted June 4, 2002 48. The applicant shall construct the following street improvements to conform with the General Plan street type noted in parentheses. A. PUBLIC STREETS 1) Avenue 52 (Primary Arterial) 110 foot Right of Way Option Widen the south side of Avenue 52 along the project frontage. Rehabilitate and/or reconstruct existing roadway pavement as necessary to augment and convert it from a rural county road design standard to La Quinta's urban arterial design standard. Street widening improvements shall include all appurtenant components such as, but not limited to, curb, gutters, cross gutters and spandrels, traffic control striping, legends, marking and signs. Other significant new improvements required for installation in, or adjacent to the subject right of way include: a) 6 foot wide meandering sidewalk b) 18 foot wide landscaped median from the westerly property line to the easterly project limits. Necessary transitions and tapers into the existing bridge at the All American Canal will need to be designed and is subject to approval by the City Engineer. The pavement rehabilitation/reconstruction and landscape median improvements are eligible for reimbursement from the City's Development Impact Fee fund in accordance with policies established for that program. 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: Residential Collector Secondary Arterial Primary Arterial Major Arterial 3.0" a.c./4.50" c.a.b. 4.0"/5.00" 4.0"/6.00" 4.5"/6.00" 5.5"/6.50" or the approved equivalents of alternate materials. 51. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. Mid -block z22 street lighting is not required. A4 . A:\CC COA SDP 2002-730.wpd Resolution 2002- Conditions of Approval - Recommended Site Development Permit 2002- 730 Clubhouse Apartments, L.LC. Adopted June 4, 2002 52. 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 qualified engineers. 53. Standard knuckles and corner cut -backs shall conform to Riverside County Standard Drawings #801 and #805, respectively, unless otherwise approved by the City Engineer. 54. The applicant shall extend improvements beyond the subdivision boundaries to ensure they safely integrate with existing improvements. PARKING LOTS and ACCESS POINTS 55. The design of parking facilities shall conform to LQMC Chapter 9.150 (Parking). Entry drives, main interior circulation routes, corner cutbacks, bus turnouts, dedicated turn lanes and other features shown on the approved construction plans, may require additional street widths as may be determined by the City Engineer. 56. General access points and turning movements of traffic are limited to the following: A. Primary Entry (Avenue 52) at the Westerly Property Line. This driveway shall be a shared access drive/road with the adjacent landowner (See SDP 2001-71 1) and shall be centered on the westerly property line. This driveway shall have right in, right out and left in turning movements. The median improvements shall accommodate a left in, only, design. The shared access drive/road layout shall be designed to the satisfaction of the City Engineer. The security gate for this project shall be located away from the property line a sufficient distance with the following access road design features: adequate stacking, a rejection turnaround feature, and a separate lane for guests. Nothing in this condition requires the adjacent landowner to pay for sufficient improvements to implement the shared access requirements in a manner that serves the development proposed by SDP 2002-730. However, reasonable cooperation by the adjacent landowner does include granting of reciprocal cross -access easements between the two landowners that facilitate construction of improvements necessary to implement the shared access concept on both properties in a manner that precludes unnecessary reconstruction of the improvements in the future. B. Secondary Entry (Avenue 52) approximately 740 feet east of the westerly property line. This driveway shall have right in, right out and left in turning 223 movements. The median improvements shall be designed for left in only turning A:\CC COA SDP 2002-730.wpd U 4 J Resolution 2002- Conditions of Approval - Recommended Site Development Permit 2002- 730 Clubhouse Apartments, L.LC. Adopted June 4, 2002 movements. The location of this proposed driveway shall take into account the proposed entry for the Mountain View Country Club on the north side of Avenue 52. The Mountain View Country Club entrance will also have a left in only turn lane design. The driveway for SDP 2002-730 may need to shift easterly to provide adequate separation from the Mountain View Country Club Entrance to accommodate the proposed left in only turn lane designs for both projects. The location of the driveway and median design is subject to City Engineer's approval. C. Secondary Entry (Avenue 52) approximately 240 feet east of the westerly property line. This driveway shall be a right in/right out driveway. 57. Pursuant to Section 9.150.080(A)(8)(b) (Parking), LQMC, the applicant shall provide 30-foot uninterrupted driveway throats into the parking lot, or alternatively provide a combination of a dedicated right turn deceleration lane and the drive throat that will equal a total of 30-feet. CONSTRUCTION 58. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphaltic concrete and Portland cement concrete. The submittal shall include the test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include the most recent (less than six months old at the time of construction) aggregate gradation test results confirming that the design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs have been approved. 59. 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. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. LANDSCAPING 60. Prior to issuance of a Grading Permit, a revised Landscape Plan shall be submitted to the Community Development Department for approval which shall identify an average three foot mounding within the Avenue 52 landscape setback to screen the parking lot. 3RA A:\CC COA SDP 2002-730.wpd Resolution 2002- Conditions of Approval - Recommended Site Development Permit 2002- 730 Clubhouse Apartments, L.LC. Adopted June 4, 2002 61. Prior to issuance of a Grading Permit, a revised Landscape Plan shall be submitted to the Community Development Department for approval which shall not use Queen Palms on -site in an organized pattern as this tree will not provide the intended effect. 62. Prior to issuance of a Grading Permit, a revised Landscape Plan shall be submitted to the Community Development Department for approval which shall eliminate the use of Date Palms trees along pedestrian corridors and courtyards and substitute it with another palm tree type such as a California Fan Palm or a Mexican Fan Palm. 63. Prior to issuance of a Grading Permit, a revised Landscape Plan shall be submitted to the Community Development Department for approval which provides vines on all perimeter walls/fences; and eliminates plant material from the perimeter landscape setback adjacent to parking. 64. The applicant shall comply with Sections 9.90.040 (Table of Development Standards) & 9.100.040 (Landscaping), LQMC. 65. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 66. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. The applicant shall submit the landscape plans for approval by the Community Development Department (CDD), prior to plan checking by the Public Works Department. When plan checking has been completed by CDD, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the City Engineer. NOTE: Plans are not approved for construction until signed by the City Engineer. 67. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 18 inches of curbs along public streets. 68. Only incidental storm water 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 Section 9.100.040(B)(7), LQMC. �,J 47 A:\CC COA SDP 2002-730.wpd Resolution 2002- Conditions of Approval - Recommended Site Development Permit 2002- 730 Clubhouse Apartments, L.LC. Adopted June 4, 2002 QUALITY ASSURANCE 69. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 70. The applicant shall employ, or retain, qualified engineers, surveyors, and such or other appropriate professionals as are required to provide the expertise with which to prepare and sign accurate record drawings, and to provide adequate construction supervision. 71. The applicant shall arrange for, and bear the cost of, all measurements, sampling and testing procedures not included in the City's inspection program, but which may be required by the City, as evidence that the construction materials and methods employed comply with the plans, specifications and other applicable regulations. 72. Upon completion of construction, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing," "As -Built" or "As - Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all AutoCAD or raster -image files previously submitted to the City, revised to reflect the as -built conditions. MAINTENANCE 73. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 74. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. FEES AND DEPOSITS 75. The applicant shall comply with the provisions of Section 13.24.180 (Fees and Deposits), LQMC. 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. zzs u48 A:\CC COA SDP 2002-730.wpd Resolution 2002- Conditions of Approval - Recommended Site Development Permit 2002-730 Clubhouse Apartments, L.LC. Adopted June 4, 2002 FIRE MARSHALL 76. Final conditions will be addressed when building plans are reviewed. A plan check fee must be paid to the Fire Department at the time building plans are submitted. All questions regarding Fire Marshall conditions should be directed to the Fire Department Planning & Engineering staff at (760) 863-8886. SHERIFF DEPARTMENT 77. Final conditions will be addressed when building plans are reviewed. Prior to issuance of a building permit, applicant shall review building plans with the Sheriff's Department regarding vehicle code requirements, defensible space, and other law enforcement and public safety concerns. All questions regarding the Sheriff Department should be directed to the Senior Deputy at (760) 863-8950. MISCELLANEOUS 78. Prior to issuance of a Building Permit, applicant shall provide a minimum of six spaces in close proximity to the Clubhouse facility to be signed and striped for apartment managers and prospective renters only. 79. Prior to issuance of a Grading Permit, applicant shall redesign of the Monument Signs, consistent with Section 9.160.040 of the Zoning Code, to be submitted to the Community Development Director for review and approval. 80. Prior to issuance of a Grading Permit, applicant shall provide a 6 foot high block wall design consistent with Section 9.60.030 and Section 9.150.080 (Parking Facility Design Standards) to be submitted to the Community Development Director for review and approval. 81. Prior to issuance of a Grading Permit, applicant shall submit a revised Illumination study to the Community Development Department for review and approval which provides driveways with illumination to allow overall site illumination to achieve an average of two footcandle or less. 82. Prior to issuance of a Building Permit, applicant shall record a Parcel Merger for A.P.N.'s 772-300-002 & 772-300-003. 83. All roof mounted mechanical equipment shall be screened by roof parapets so that they cannot be viewed from adjacent properties. Prior to occupancy of the proposed 2 0 building complexes, a visual inspection shall be made by the Community Development Department to confirm that parapets conceal any roof mounted equipment. u49 A:\CC COA SDP 2002-730.wpd ATTACHMENT #1 I Avenue 52 4 I rVA o .057 I Po(D we 1- 9 23A rx 13 R y ,oe PROJECT LOCATION 228 �� 51. ATTACHMENT #2 Planning Commission Minutes March 26, 2002 ROLL CALL: AYES: Commissioners Butler, Kirk, Tyler, and Chair an Abels. NOES: None. ABSENT: Commissioner Ro ins. ABSTAIN: None. 17. It was moved and seconded by Commissioners Kirk/Bu er to adopt Planning Commission Resolution 2002-036 r commending approval of Specific Plan 2000-043 Amendment . 1, subject to the findings and conditions as amended: A. Condition #:40: Electrical power is be supplied to and maintained by the entity who rec ves revenue from the advertising on the bus shelter on ashington Street. The applicant shall be allowed to Work with staff to make modifications to the landsca ing at the rear of the bus shelter to accommodate th us stop users. B. Condition #55: Delete C. Condition #60: A stre name change to "Point Happy Drive" shall be allowe on the east side of the property on Washington Street in o the One Eleven La Quinta Shopping Center. A streetTne change to "Point Happy Drive" shall be allowed when if written permission is obtained from the La Quinta Plaza Shopping Center owners to said change. ROLL CALL: AYES: e:None. missioners Butler, Kirk, Tyler, and Chairman Abels.S: None. ABSENT: Commissioner Robbins. ABST ,? D. Environmental Assessment 20002-443, General Plan Amendment 2002- 084, Zone Change 2002-106, and Site Development Permit 2002-730; a request of Clubhouse Associates, L.L.C. for a recommendation for certification of an Environmental Assessment; change the General Plan Land Use and Zoning Designation from Low Density Residential to High Density Residential; and approval of development plans for a 149 unit apartment complex and ancillary facilities located on a 10.75 acre triangular parcel on the south side of Avenue 52, east of Jefferson Street. 1. Chairman Abels opened the public hearing and asked for the staff report. Principal Planner Fred Baker presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 229 G:\WPDOCS\PC Minutes\3-26-02.wpd 5 "- Planning Commission Minutes March 26, 2002 2. Chairman Abels asked if there were any questions of staff. Commissioner Kirk asked about the results of the water analysis in regard to the Water Efficient Ordinance. Staff stated the results of the calculations were on the landscape plans and stated the maximum allowable is 4,400,000 gallons per year and the actual use is approximately 2,900,000 gallons per year. Commissioner Kirk asked where the additional parking spaces would be located and asked for an explanation of how the fabric roofs would hold up in the deserts temperatures. He also asked if the three access points are appropriate for this kind of project. Senior Engineer Steve Speer stated it met the General Plan requirements. He explained and went on to explain the circulation pattern. Commissioner Kirk asked if the access point and the one to the east met the 240 foot separation. Staff stated the new General Plan requires 250 feet between driveways measured between the curb returns. On the plan there is not enough room for the third driveway access, it would need to be moved. 3. Commissioner Butler asked if an elevator was required on a three story building. Staff stated only if the Building Code required it and Building and Safety did not require it. The applicant is providing handicapped accessible units. 4. Commissioner Tyler questioned why there was no supporting text given for Item XVII(b) Mandatory Findings of Significance in the Environmental Assessment. Staff explained there were none are required for this section. Commissioner Tyler asked staff why the staff reports states a General Plan Amendment is not required under the updated General Plan, yet there is a General Plan Amendment Resolution is before them for approval. Staff explained that since the updated General Plan is within the 30-day protest period, and the applicant asked for a General Plan Amendment, staff is processing the General Plan Amendment in anticipation of the updated General Plan being in affect by the time this application reaches the City Council. At that time it will no longer be needed. Commissioner Tyler stated he not concur with the Site Development Permit findings in regard to the architecture. In Condition #48, Commissioner Tyler asked staff to explain what the word "option" meant. Senior Engineer Steve Speer clarified there were two options the applicant could chose from. Commissioner Tyler asked staff the location of the mounding as discussed in Condition #60. Staff clarified they were recommending four foot mounding in the street landscaping in 230 G:\WPDOCS\PC Minutes\3-26-02.wpd 6 o 5 3 Planning Commission Minutes March 26, 2002 conjunction with the sound wall. Commissioner Tyler asked if there was to be a block wall on the perimeter of the project. Staff clarified they were required to provide a sound wall with mounding along Avenue 52. The applicant was asking for a chainlink fence on the rear of the site. Commissioner Tyler asked the location of the retention basin and staff identified them. Staff clarified that a condition would be added requiring a parcel map to be approved prior to building permits being issued. 5. Chairman Abels asked if the applicant would like to address the Commission. Mr. Chuck Crookrall, representing the applicant, stated they have no problem with relocating the third access point. They will hopefully be installing a living fence along the Canal. The remainder of the site will have a block wall. 6. Chairman Abels asked if there were any questions of the applicant. Commissioner Tyler asked about the lack of elevators as it seemed to be a marketing issue. Mr. Crookrall stated there are only four buildings that have three stories, or 20 units. 7. Commissioner Kirk asked if there was any problem having two access points instead of three. Mr. Crookrall stated he did not see any objection. 8. Mr. Robert Kraft, architect for the project, stated that in regard to the 250 foot distance on the access point, it would not be an issue. Their purpose was to not create a dead-end aisle for the internal circulation. They have no problem with the perimeter block wall. The Architectural and Landscaping Review Committee was in favor of a living fence. He went on to explain the site and the elevations. 9. Commissioner Tyler asked if the garages would be visible from the east side of the Canal. Mr. Kraft stated they would be below the visual site line. 10. Chairman Abels asked about the material to be used on the carports. Mr. Kraft stated it was the same material as what is used at the Palm Springs Airport. It is guaranteed for 30-years. Discussion followed regarding the material to be used for the carports. 11. Commissioner Kirk asked the applicant to explain what would be 231 G:\WPDOCS\PC Minutes\3-26-02.wpd 7 o 5 `_ Planning Commission Minutes March 26, 2002 seen from the other side of the Canal. Mr. Kraft gave a demonstration. Commissioner Kirk asked about the location of the extra 39 parking spaces. Mr. Kraft clarified the request was for 39 additional covered spaces not additional spaces. Commissioner Kirk asked if there was a target demographic for the project. Mr. Kraft stated he did not have that information. Mr. Crookrall stated their market study showed a need for upscale apartments in the age group of 40 + . Commissioner Kirk asked about active activities. Mr. Kraft explained the amenities. Commissioner Kirk asked about the north side elevations being typical and how many would have the blank wall. Mr. Kraft stated not all the buildings would be the same; only three of the buildings would look at the blank wall. 12. Commissioner Tyler asked about the long term energy cost analysis for the units. Mr. Kraft stated none had been done at this time. They will be as cost effective as they can make them. 13. There being no further public participation, the public comment portion of the public hearing was closed and open for Commission discussion. 14. Commissioner Butler stated that on the three story buildings he is uncomfortable not having elevators as the project will be targeting the older generation. This project will need additional amenities to draw people to the site. He would want the project conditioned to have elevators for the three story units. 15. Commissioner Kirk stated he was in support of the General Plan Amendment. In terms of the design, he has concerns with the asphalt mote around the perimeter. It needs to be broken up with landscaping and design to create interest. 16. Commissioner Tyler stated he agrees this is a good location for the high density project. There needs to be more amenities to off -set the density. His main concern is the external appearance driving around it and being highly visible from Avenue 52 and the shopping center adjacent to it. 17. Commissioner Kirk suggested the architect review the plans in light of the suggestions made by the Commission. Mr. Crookrall explained this was not the first design, but it was based on meeting all the Agency requirements. ,232 r)5� G:\WPDOCS\PC Minutes\3-26-02.wpd 8 Planning Commission Minutes March 26, 2002 18. Following discussion, it was moved and seconded by Commissioners Kirk/Tyler to continue the project to April 23, 2002 allowing the applicant to work with staff on the following items: A. Work with staff on the access points to be consistent with the General Plan. B. Architecture relief on the end buildings. C. Landscape relief, greenery or detailing along the carports and asphalt to break up the asphalt. D. Provide additional amenities Unanimously approved. Chairma Abels recessed the meeting at 9:16 p.m. and reconvened at 9:21 p.m. VII. BUSI SS ITEMS: A. Vill a Use Permit 2000-040 Amendment #1; a request of Chapman Golf Deve pment, LLC for review of lighting and landscaping plans for a restaur t to be located on the northeast corner of Avenue 52 and Desert CI b Drive. 1. Commi sioner Kirk stated he had a possible conflict of interest and withdre from the dias. 2. Chairman Ab Is asked for the staff report. Principal Planner Fred Baker present the information contained in the staff report, a copy of which is on file in the Community Development Department. 3. There being no quest' o n s of staff, Chairman Abels asked if the applicant would like to ddress the Commission. Ms. Christina Dores, representing the plicant, stated they had met with the adjacent residents and ha made modifications based on their concerns. She is available t answer any questions. 4. Chairman Abels asked if the were any questions of the applicant. Commissioner Tyler st ed he would like to hear from the lighting consultant. Mr. Ralp Reyna, lighting consultant, reviewed the lighting plan. 23 G:\WPDOCS\PC Minutes\3-26-02.wpd 9 u 5 6 Planning Commission Minutes April 23, 2002 VI. PUBLIC HEARINGS: A. Environmental Assessment 20002-443, General Plan Amendment 2002- -� 084, Zone Change 2002-106, and Site Development Permit 2002-730; a request of Clubhouse Associates, L.L.C. for a recommendation for certification of an Environmental Assessment; change the General Plan Land Use and Zoning Designation from Low Density Residential to High Density Residential; and approval of development plans for a 149 unit apartment complex and ancillary facilities located on a 10.75 acre triangular parcel on the south side of Avenue 52, east of Jefferson Street. 1. Chairman Abels asked if there was a motion to continue the project to May 14, 2002 as requested by the applicant. 2. It was moved and seconded by Commissioners Butler/Kirk to continue the project to May 14, 2002. Unanimously approved. B. Site Development Permit 2002-731; a request of WG Properties, LLC for \Wzinta nsideration of development plans for construction of a 8,792 square t office building on a 1.51 acre parcel located at the east side of shington Street, north of Lake La Quinta Drive, within the Lake La project area. 1 Nhairman Abels asked if there was a motion to continue the p ect to May 14, 2002 as requested by the applicant. 2. It was\moved and seconded by Commissioners Tyler/Butler to continue he project to May 14, 2002. Unanimously approved. C. Environmental Assessment 2002-445, Conditi and Site Developmehl Permit 2002-733; a request of SECO/SDC LLC/A.G. Spanos Constr ction, Inc.,1) Recommendation for certification of an Environmental Asses ent; 2) Conditional Use Permit to allow a 1- 3 story, 120 room hotel; an 3) Review of development plans for a 1-3 story, 120 room hotel to be cated on the east side of Washington Street, north of Avenue 48. 1. Chairman Abels asked for th staff report. Associate Planner Martin Magaha presented the in rmation contained in the staff report, a copy of which is on file in he Community Development Department. '�34 G:\WPDOCS\PC Minutes\4-23-02.wpd 2 u 5 7 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA May 14, 2002 I. CALL TO ORDER 7:00 P.M. A. This meeting of the Planning Commission was called to order at 7:09 p.m. by Chairman Abels who asked Commissioner Tyler to lea he flag salute. B. Present: Commissioners Richard Butler, Steve Robbins,,R6bert Tyler, and Chairman Jacques Abels. It was moved and seconrously y Commissioners Tyler/Butler to excuse Commissioner Kirk. Unani approved. C. Staff present: Community Development Dire or Jerry Herman, Assistant City Attorney John Ramirez, Senior E ineer Steve Speer, Principal Planner Fred Baker, Associate Plan ers Greg Trousdell and Martin Magana, and Executive Secretary tty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT ITEMS: A. Chairman Abel asked if there were any corrections to the Minutes of April 23, 20 2. Commissioner Tyler asked that Page 3, Item #3 be co/prove add the last name of the Community Development Director; anthe spelling of the word "sight". There being no further cot was moved and seconded by Commissioners Butler/Tyler tothe minutes as corrected. Unanimously approved with Cor Robbins abstaining and Commissioner Kirk absent. B. /Department Report: None V. PRESENTATIONS: None. VI. PUBLIC HEARINGS: A. Environmental Assessment 20002-443, General Plan Amendment 2002- 084, Zone Change 2002-106, and Site Development Permit 2002-730; a request of Clubhouse Associates, L.L.C. for a recommendation for G:\WPDOCS\PC Minutes\5-14-02.wpd 1 235 u58 Planning Commission Minutes May 14, 2002 certification of an Environmental Assessment; change the General Plan Land Use and Zoning Designation from Low Density Residential to High Density Residential; and approval of development plans for a 149 unit apartment complex and ancillary facilities located on a 10.75 acre triangular parcel on the south side of Avenue 52, east of Jefferson Street. 1 . Chairman Abels asked for the staff report. Principal Planner Fred Baker presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Abels asked if there were any questions of staff. Commissioner Robbins asked if this complex was age restricted. Staff stated no. 3. Commissioner Tyler asked staff to clarify their statement in regard to the access off Avenue 52 . Senior Engineer Steve Speer stated they will not be matched up with the access to the development across the street. The left turns are to be off -set from each other. Commissioner Tyler asked why there was not a full turning movement. Staff stated it would not comply with the General Plan. 4. Chairman Abels asked if the applicant wanted to address the Commission. Mr. Chuck Cockrell, representing the applicant, stated he was available for questions. 5. Chairman Abels asked if there were any questions of the applicant. Commissioner Tyler stated the Commission had struggled with whether or not to require elevators. Mr. Cockrell stated they would address this and introduced Mr. Robert Kraft, architect for the project, who gave a presentation on the changes requested by the Commission and regarding elevators. Ms. Annie Gerard and Joyce Hummel, National Suvey Sysems, market study consultants, gave a presentation on the market study they completed on the site for what type of project would be best suited for this location. 6. Commissioner Tyler questioned whether the desert temperature was taken into consideration in their study. People who will live on the third floor will not want to go up and down the stairs in the 236 G:\WPDOCS\PC Minutes\5-14-02.wpd 2 Lj5 3 Planning Commission Minutes May 14, 2002 high temperatures of the desert. Ms. Gerard stated their study has shown, even in Las Vegas, that this type of product is desired. 7. Mr. Ron Isameda, landscape architect for the project, gave a presentation on the landscaping for the project. 8. Commissioner Robbins asked if it was in compliance with the City's Landscape Ordinance. Mr. Isameda stated it complied with the Ordinance. 9. Commissioner Butler asked about the architectural relief that was requested by Commissioner Kirk. Principal Planner Fred Baker explained the detail that had been added to the blank wall on the building in question. Commissioner Butler asked if all the areas of concern requested by the Commission had been addressed. Staff noted they had met most of the issues. 10. Commissioner Tyler asked about the material to be used on the "eyebrow arbor" along the rear of the project. Mr. Kraft stated they intended to use metal instead of wood. 11. Chairman Abels thanked the applicant for addressing their concerns, but he still had a problem with the lack of elevators. Mr. Kraft explained they had looked at how elevators could be integrated into the project. The average rise from floor to floor is only 11 feet and there are only four buildings this would apply to. In speaking to other developers in regard to a three story walk-up building and the answer he got was that with an urban setting and a central courtyard, it was not used. When they added the elevators they had no issue architecturally, but from the unit standpoint they have an issue. It brings the pedestrians along the front of the neighbors bedroom and livingroom space which causes the owner to live in an environment of closing the drapes to keep their privacy. They met with the Sheriff's Department and they voiced a concern in regard to indefensible space. 12. Commissioner Butler stated he could understand their reasoning on the stair walk, but he did not totally agree with the Sheriff's Department. Mr. Kraft explained the floor plan of the units in question. 23 7 G:\WPDOCS\PC Minutes\5-14-02.wpd 3 o 6 o Planning Commission Minutes May 14, 2002 13. Chairman Abels asked if there was any other public comment. There being no further public comment, the public participation portion of the hearing was closed and open for Commission discussion. 14. Commissioner Robbins stated he did not have a strong feeling on the elevators. His issue is the proposed chainlink fence along the All American Canal which is a safety factor. Staff noted a condition had been added to require the block wall. 15. Commissioner Tyler commended the applicant on his presentation and addressing the issues raised by the Commission. However, in his opinion he would not trade a view for a staircase. Commissioner Tyler asked if the access points between this project and the project to the north could not be better coordinated even if a General Plan Amendment was needed. Senior Engineer Steve Speer stated it is 800 feet between the two turning movements on the south side of the street. 16. Chairman Abels stated he thought the elevators were necessary. 17. There being no further discussion, it was moved and seconded by Commissioners Butler/Tyler to adopt Planning Commission Resolution 2002-042, recommending certification of a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2002-443. ROLL CALL: AYES: Commissioners Butler, Robbins, Tyler, and Chairman Abels. NOES: None. ABSENT: Commissioner Kirk. ABSTAIN: None. 18. It was moved and seconded by Commissioners Butler/Robbins to adopt Planning Commission Resolution 2002-043, recommending approval of Zone Change 2002-106, as submitted. ROLL CALL: AYES: Commissioners Butler, Robbins, Tyler, and Chairman Abels. NOES: None. ABSENT: Commissioner Kirk. ABSTAIN: None. 19. It was moved and seconded by Commissioners Tyler/Butler to adopt Planning Commission Resolution 2002-044, recommending approval of Site Development Permit 2002-730, approving the 238 elevation with the elevator and the revised conditions: 061. G:\WPDOCS\PC Minutes\5-14-02.wpd 4 Planning Commission Minutes May 14, 2002 C. a. Condition #80: A six foot block wall shall be required along the eastern property boundary adjacent to the All American Canal. ROLL CALL: AYES: Commissioners Butler, Robbins, Tyler, and Chairman Abels. NOES: None. ABSENT: Commissioner Kirk. ABSTAIN: None. Site Development Permit 2002-731; a request of WG Properties, LLC for consideration of development plans for construction of a 8,792 square foot office building on a 1.51 acre parcel located at the east side of ashington Street, north of Lake La Quinta Drive, within the Lake La Qv inta project area. 1. Chairman Abels asked if there was a motion to continue the p oject to May 28, 2002 as requested by the applicant. 2. It w moved and seconded by Commissioners Tyler/Robbins to contin the project to May 28, 2002. Unanimously approved. and Site Develo m t Permit 2002-732; a request of Southern California Presbyterian Homes\of y of La Quinta for: 1) Recommendation for certification of Negative Declaration of environmental impact; 2) consideranditional Use Permit to allow an 81 unit, single story, senior omplex; and 3) Review of development plans for an 81 unit , senior apartment complex to be located at the southwest conue 47 and Adams Street. 1. Chairman Abels asked fo the staff report. Associate Planner Martin Magana presented t information contained in the staff report, a copy of which is on ' e in the Community Development Department. 2. Chairman Abels asked if there re any questions of staff. Commissioner Butler asked staff to arify the need for the eight feet from the curbline to the wall. St ff stated yes, it would be eight feet from back of curb to the wall hich is the property line. The homeowners' association would main in from the wall to the curb and the applicant would maintain their portion of the property. Commissioner Butler asked if the Oleanders could be 239 G:\WPDOCS\PC Minutes\5-14-02.wpd 5 �'4 " c&ti�t 4 4Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: June 4, 2002 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Public Hearing to Consider an Appeal of the Planning Commission's Decision of April 23, 2002, Certifying PUBLIC HEARING: a Mitigated Negative Declaration of Environmental Impact (EA 2002-445), approving Conditional Use Permit 2002-068 and Site Development Permit 2002- 733, subject to findings and conditions, to allow a 1-3 story, 120 room hotel on a 3.89 acre site located on the east side of Washington Street, approximately 315 feet north of Avenue 48. Appellant: Lake La Quinta Homeowners Association . RECOMMENDATION: 1. Adopt a Resolution of the City Council Upholding the Planning Commission's Decision of April 23, 2002, Certifying a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2002-445 Prepared for Conditional Use Permit 2002-068 (Appeal) and Site Development Permit 2002- 733 (Appeal); 2. Adopt a Resolution of the City Council Upholding the Planning Commission's Decision of April 23, 2002, Approving a Conditional Use Permit for a One to Three Story, 120 Unit, Hotel (Marriott) on a 3,89 Acre Site; and 3. Adopt a Resolution of the City Council Upholding the Planning Commission's Decision of April 23, 2002, Approving a Site Development Permit for Development Plans of a One to Three Story, 120 Unit, Hotel (Marriott) on a 3.89 Acre Site. FISCAL IMPLICATIONS: None. 240 BACKGROUND AND OVERVIEW: At it's April 23, 2002 meeting, the Planning Commission, on a 4-0 vote (one Commissioner absent), certified a Mitigated Negative Declaration of Environmental Impact and approved a Conditional Use Permit and Site Development Permit to allow the construction of a 1-3 story, 120 room, hotel on a 3.89 acre site. On May 3, 2002, the Lake La Quinta Homeowners Association filed an appeal of the Planning Commission's decisions on the project. In summary, the appellants have concerns with the proposed project with regard to architectural design, pad heights, drainage, parking lot and access points, and environmental issues (vehicle traffic, noise, pollution). A copy of the appeal is attached (Attachment 1). In addition, a copy of the April 23, 2002, Planning Commission Meeting Packet is also attached (Attachment 2). Staff has reviewed the appellant's concerns and has provided the following analysis for your consideration. Architectural Design: The site is currently vacant and is located on the east side of Washington Street, approximately 315 feet north of Avenue 48. The site is designated as Community Commercial (CC) on the General Plan Land Use Map and Regional Commercial (CR) on the Zoning Map. Under the current development standards for the Regional Commercial Zoning District, the proposed project could be built to a maximum height of 50 feet. In addition, the Zoning Code requires additional setbacks and height restrictions for buildings within one -hundred and fifty (150) feet of a Major Arterial. That restriction includes a twenty-two (22) foot height limit within the one -hundred and fifty (150) foot setback. The proposed project complies with this requirement being 22 feet in height within the 150 foot setback and 36 feet-3 inches, at it's highest points as shown on the elevations. Setbacks: Required minimum building/landscape setbacks are as follows: Front: 30 feet/20 feet Rear: 20 feet/10 feet Side: 0/0 feet The proposed project provides for building setbacks of ± 76 feet from the front, ± 45 feet from the rear, ± 76 feet from the north side, and ± 58 feet from the south side. The proposed project also provides landscape setbacks of 20 feet in the front, 10 feet in the rear, and five feet on the north and south sides. 241 0 0 Pad Heights and Drainage: The pad heights for the proposed project were based on a previously approved Tract Map (#24230) for the area along the east side of Washington Street between Avenue 47 and Avenue 48. That Tract Map included infrastructure improvements with the original intent of having storm water flows drain into Lake La Quinta. The Tract Map for Lake La Quinta (#26152) also shows drainage infrastructure improvements draining into Lake La Quinta from Tract Map 24230. The proposed pad heights are at 62 feet. The Public Works Department has reviewed the pad elevations and required the applicant to reduce the pad height to an elevation not to exceed 61.0 unless it could be demonstrated that the subsurface storm drain system or parking lot grading would not accommodate the requested pad height. This was conditioned as part of the Site Development Permit (#29). In addition, this makes the pad elevations slightly lower than at least seven residential pad elevations in Lake La Quinta whose rear yards face Caleo Bay. These elevations range between 59.5 to 62.50 with an average elevations of 61.40, slightly higher than the 61.0 foot elevation conditioned by the City. If the pad heights were to be lower than 61 feet, the existing infrastructure would not drain properly as originally designed. Parking Lot: The Zoning Code requires 1.1 parking spaces per unit, with the 0.1 being used for employees. With a 120 units proposed, the required parking is 132 which is what the applicant is providing. The applicant has stated that the restaurant proposed as part of the hotel is for hotel patrons only and not open to the public, thereby eliminating additional demand for parking. Employee parking would be 12. The hotel operation would have 12 employees at any one time. Therefore, the project meets the required parking requirements as proposed. Access Points: The Zoning Code requires two-way access entryways to be a minimum of 28 feet wide. The project proposes two, two-way access drives, 28 feet wide, one at the southwest corner and the other at the northeast corner of the site. The project is required to conform to City standards and has been conditioned as part of the Site Development Permit (#41 and #42). Access can be taken directly from Washington Street (north bound) or from Caleo Bay, via Lake La Quinta Drive or Avenue 48. Direct access from Washington Street (south bound) cannot be taken because of the existing landscaped median. Traffic would use Lake La Quinta Drive to access the site via Caleo Bay, or further south to the signalized intersection at Avenue 48 where vehicles would either make a u-turn and access the site off Washington Street, or turn left onto Avenue 48 and access the site via Caleo Bay. In either case, the traffic is not expected to be significant. The applicant has stated that the hotel will be a Marriott Residence Inn, where guests stay a longer period of time than the average two to three days. 4 n UC Environmental Impacts (Traffic, Pollution, Noise): Staff prepared an Environmental Assessment for the proposed project and found that the hotel would generate traffic and air pollution primarily from the operation of motor vehicles. Approximately 588 trips per day would be generated. Based on this trip generation, the proposed project would not exceed the designed roadway capacity of Caleo Bay. The Traffic Section of the General Plan Environmental Impact Report lists Level of Service (LOS) for roadway capacities within the City, with LOS A representing the best, free flow conditions and LOS F representing the worst conditions, or system failure. Caleo Bay was not designated a Level of Service classification due to its low traffic volume as a local street, therefore there is no significant impact associated with traffic. In addition, Caleo Bay, as opposed to Washington Street, cannot be used as a street to get from the northern part of the city to the southern part, because it dead ends at Avenue 47 to the north, and Avenue 48 to the south. Based on this, Caleo Bay would generate few trips while most of them would be generated from Washington street since it's designated as a Major Arterial in the General Plan. In addition, based on the 588 trips, the proposed project would not exceed any threshold for the generation of moving emissions, as established by the South Coast Air Quality Management District and is therefore, not expected to be significant in terms of air pollution. The applicant was conditioned as part of the Site Development Permit (Condition No. 42.13.) to provide re -striping of the roadway to accommodate the entrance to the site from Caleo Bay. This would eliminate confusion with the existing bus stop near the entrance to Lake La Quinta and provide for proper traffic circulation. Also, the proposed project includes a landscaped setback along the perimeter of the site. In addition, a local street with a 60 foot right-of-way separates the proposed project from Lake La Quinta residential development. A wall and oleanders occur along the western boundary of the Lake La Quinta project, which helps reduce traffic noise. Based on the Environmental Assessment for the proposed project, noise levels generated from the hotel are not expected to be significant. Public Notice: This appeal was advertised in the Desert Sun newspaper on May 18, 2002, and mailed to all property owners within 500-feet of the site. To date, three letters have been received from adjacent property owners within the Lake La Quinta development and are attached (Attachment 3). Any additional written comments received will be handed out at the June 41h meeting. FINDINGS AND ALTERNATIVES: Findings necessary to approve this request can be made and are contained in the 2 4 3 attached Resolutions. v1.+4 Alternatives available to the City Council include: 1. Adopt a Resolution of the City Council upholding the Planning Commission's decision of April 23, 2002, certifying a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2002-445 prepared for Conditional Use Permit 2002-068 (Appeal) and Site Development Permit 2002- 733 (Appeal); and Adopt a Resolution approving a Conditional Use Permit for a one to three story, 120 unit, hotel (Marriott) on a 3.89 acre site; and Adopt a Resolution approving a Site Development Permit for Development Plans of a one to three story, 120 unit, hotel (Marriott) on a 3.89 acre site; or 2. Direct staff to prepare Resolutions modifying the Planning Commission's decisions; or 3. Direct staff to prepare Resolutions approving the appellant's request to rescind Planning Commission Resolutions 2002-037 (EA 2002-445), 2002-038 (CUP 2002-068), and 2002-039 (SDP 2002-733); or 4. Provide staff with alternative direction. Respectfully submitted, Community Development Director Approved for submission by: �Zy, 0 � -�� Thomas P. Genovese, City Manager Attachments: 1. Appeal date stamped May 3, 2002 4 4 2. April 23, 2002 Planning Commission Meeting Minutes 3. April 23, 2002, Planning Commission Staff Report 4. Letters from adjacent property owners supporting the appeal (3) _ U �- 5. Proposed Project Plan set CITY COUNCIL RESOLUTION 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2002-445 PREPARED FOR CONDITIONAL USE PERMIT 2002-068 (APPEAL), AND SITE DEVELOPMENT PERMIT 2002-733 (APPEAL). CASE NO.: ENVIRONMENTAL ASSESSMENT 2002-445 APPLICANT: SECO/SDC, LLC APPELLANT: LAKE LA QUINTA HOMEOWNERS ASSOCIATION WHEREAS, the City Council of the City of La Quinta, California, did, on the 4th day of June, 2002 hold a duly noticed Public Hearing to consider Environmental Assessment 2002-445 for Conditional Use Permit 2002-068 (Appeal) and Site Development Permit 2002-733 (Appeal) to allow a one to three story, 120 room hotel, generally located east of Washington Street between Lake La Quinta Drive and Avenue 48; and WHEREAS, an appeal of the Planning Commission's decision of April 23, 2002, for EA 2002-445, CUP 2002-068 and SDP 2002-733, was filed by Lake La Quinta Homeowner's Association on May 3, 2002, in compliance with Section 9.200.120 of the Zoning Code requiring review of the appeal by the City Council; and WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 23rd day of April, 2002 hold a duly noticed Public Hearing to consider Environmental Assessment 2002-445 for Conditional Use Permit 2002-068 and Site Development Permit 2002-733, and on a 4-0 vote (one Commissioner absent) adopted Resolutions 2002-037, 2002-038 and 2002-039, respectively, to allow a one to three story, 120 room hotel, generally located east of Washington Street between Lake La Quinta Drive and Avenue 48, more particularly described as follows: APNs: 643-200-002 & 003, WHEREAS, said Environmental Assessment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared an Initial Study (EA 2002-445) and has determined that although the proposed project could have a significant adverse impact on the environment, there would not be a significant effect in this case 245 P:\Martin\Marriott\Appeal\CC Reso EA 02-445.wpd ^+ Ul o CITY COUNCIL RESOLUTION 2002- ENVIRONMENTAL ASSESSMENT 2002-445 (APPEAL) JUNE 4, 2002 because appropriate mitigation measures were made a part of the assessment and included in the conditions of approval for Conditional Use Permit 2002-068 and Site Development Permit 2002-733, and therefore, a Mitigated Negative Declaration of Environmental Impact should be filed; and, WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following findings to justify certifying said Environmental Assessment: 1. The proposed project will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant unmitigated impacts were identified by Environmental Assessment 2002-445. 2. The proposed project will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of rare or endangered plants or animals or eliminate important examples of the major periods of California history or prehistory. 3. There is no evidence before the City that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends in that mitigation measures are imposed on the project that will reduce impacts to less than significant levels. 4. The proposed project does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as no significant effects on environmental factors have been identified by the Environmental Assessment. 5. The proposed project will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity, as development patterns in the area will not be significantly affected by the proposed project. 6. The proposed project will not have environmental effects that will adversely affect the human population, either directly or indirectly, as no significant impacts have been identified which would affect human health, risk potential or public services. 246 P:\Martin\Marriott\Appeal\CC Reso EA 02-445.wpd U _ 7 CITY COUNCIL RESOLUTION 2002- ENVIRONMENTAL ASSESSMENT 2002-445 (APPEAL) JUNE 4, 2002 7. There is no substantial evidence in light of the entire record that the project may have a significant effect on the environment in that mitigation measures are imposed on the project that will reduce impacts to a less than significant level. 8. The City Council has considered Environmental Assessment 2002-445 and said Assessment reflects the independent judgement of the City. 9. The City has, on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 CAL Code Regulations 753.5(d). 10. The location and custodian of the City's records relating to this project is the Community Development Department located at 78-495 Calle Tampico, La Quinta, California, 92253. NOW THEREFORE, BE IT 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 City Council for this Environmental Assessment. 2. That it does hereby certify Environmental Assessment 2002-445 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist and Addendum on file in the Community Development Department and attached hereto. 3. That Environmental Assessment 2002-445 reflects the independent judgement of the City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 4th day of June, 2002, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: 247 UC!8 PAMartin\Marriott\Appeal\CC Reso EA 02-445.wpd CITY COUNCIL RESOLUTION 2002- ENVIRONMENTAL ASSESSMENT 2002-445 (APPEAL) JUNE 4, 2002 JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California Nm P:\Martin\Marriott\Appeal\CC Reso EA 02-445.wpd U Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Agriculture Resources Air Quality Biological Resources Cultural Resources Geology and Soils Hazards and Hazardous Materials Hydrology and Water Quality Land Use Planning Mineral Resources Noise Population and Housing Public Services Recreation Transportation/Traffic Utilities and Service Systems Mandatory Findings Determination (To be completed by the Lead Agency.) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the applicant. A MITIGATED NEGATIVE DECLARATION will be prepared. nn I� I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. P:\Martin\Marriott\Appeal\ChecklistAppeal.WPD 249 Environmental Checklist Form 1. Project Title: Conditional Use Permit 2002-068 (Appeal) and Site Development Permit 2002-733 (Appeal), Marriott Residence Inn. 2. Lead Agency Name and Address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 3. Contact Person and Phone Number: Martin Magana, 760-777-7125 4. Project Location: East side of Washington Street, approximately 400 feet north of Avenue 48. 5. Project Sponsor's Name and Address: SECO/SDC LLC 55550 Riviera Drive La Quinta, CA 92253 6. General Plan Designation: Community Commercial 7. Zoning: Current: Regional Commercial 8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) Conditional Use Permit for Hotel use. Site Development Permit to allow the construction of a 3 story, 120 room hotel on 3.89 acre site. Site has been previously graded, and street parkway treatments have been previously installed. The hotel will include a separate lobby building with limited office, meeting and public activity areas, as well as a pool and parking. 9. Surrounding Land Uses and Setting: Briefly describe the project's surroundings. North: Vacant desert lands South: Vacant desert lands West: La Quinta Arts Foundation East: Lake La Quinta low density residential 10. Other agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) Not applicable 250 P:\Martin\Marriott\Appeal\ChecklistAppeal.WPD (, 10 Signature P:\Martin\Marriott\Appeal\ChecklistAppeal.WPD Date 251 o12 Evaluation of Environmental Impacts: 1.) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the reference information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2) All answers must take account of the whole action involved, including off -site as well as on - site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVIII, `Earlier Analysis," may be cross- referenced). 5) Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analysis are discussed in Section XVIII at the end of the checklist. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) The analysis of each issue should identify: a) the significance criteria or threshold used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance 25 013 PAM artin\Marriott\Appeal\ChecklistAppeal. W PD Issues (and Supporting Information Sources): Would the proposal result in potential impacts involving: AESTHETICS: Would the project: a) Have a substantial adverse effect on a scenic vista? (General Plan EIR p. III-159 ff.) b) Damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (General Plan EIR p. Ill- 159 ff.) c) Substantially degrade the existing visual character or quality of the site and its surroundings? (Application materials) d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? (Application materials) II. AGRICULTURAL RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model prepared by the California Dept. Of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland) to non-agricultural use? (General Plan EIR p. III-21 ff.) b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (Zoning Map) c) Involve other changes in the existing environment which, due to their location or nature, could individually or cumulatively result in loss of Farmland, to non-agricultural use? (Aerial photographs) III. AIR QUALITY: Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable Air Quality Attainment Plan or Congestion Management Plan? (SCAQMD CEQA Handbook) b) Violate any stationary source air quality standard or contribute to an existing or projected air quality violation? (SCAQMD CEQA Handbook) c) Result in a net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (SCAQMD CEQA Handbook) d) Expose sensitive receptors to substantial pollutant concentrations? (Project Description) P:\Martin\Marriott\Appeal\ChecklistAppeal.WPD Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact KI V:/ X /:/ X 9V X X 253 014 Issues (and Supporting Information Sources) (cont.): e) Create objectionable odors affecting a substantial number of people? (Project Description) IV. BIOLOGICAL RESOURCES: Would the project: a) Have a substantial adverse impact, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? (Master Environmental Assessment p. 73 ff.) b) Have a substantial adverse impact on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? (Master Environmental Assessment p. 73 ff.) c) Adversely impact federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) Either individually or in combination with the known or probable impacts of other activities through direct removal, filling, hydrological interruption, or other means? (Master Environmental Assessment p. 73 ff.) d) Interfere substantially with the movement of any resident or migratory fish or wildlife species or with established resident or migratory wildlife corridors, or impede the use of wildlife nursery sites? (Master Environmental Assessment p. 73 ff.) e) Conflict with any local policies or ordinances protecting biological resources such as a tree preservation policy or ordinance? (La Quinta Municipal Code; General Plan) f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Conservation Community Plan, or other approved local, regional, or state habitat conservation plan? (Master Environmental Assessment p. 73 ff.) V. CULTURAL RESOURCES: Would the project: a) Cause a substantial adverse change in the significance of a historical resource which is either listed or eligible for listing on the National Register of Historic Places, the California Register of Historic Resources, or a local register of historic resources? b) Cause a substantial adverse change in the significance of a unique archaeological resources (i.e., an artifact, object, or site about which it can be clearly demonstrated that, without merely adding to the current body of knowledge, there is a high probability that it contains information needed to answer important scientific research questions, has a special and particular quality such as being the oldest or best available example of its type, or is directly associated with a scientifically recognized important prehistoric or historic event or person)? c) Disturb or destroy a unique paleontological resource or site? (Master Environmental Assessment, Exhibit 5.9) Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact X X X X X X X /11 9 254 P:\Martin\Marriott\Appeal\ChecklistAppeal. W PD 6 015 Issues (and Supporting Information Sources) (cont.): d) Disturb any human remains, including those interred outside of formal cemeteries? VI. GEOLOGY AND SOILS: Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (General Plan EIR p. 111-61 ff.) ii) Strong seismic ground shaking? (General Plan EIR p. III-61 ff.) iii) Seismic -related ground failure, including liquefaction? (General Plan EIR p. 11I-61 ff.) iv) Landslides? (General Plan MEA p. 96 ff) b) Result in substantial soil erosion or the loss of topsoil? (General Plan MEA p. 96 ff) c) Be located on a geological unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on - or off -site landslides, lateral spreading, subsidence, liquefaction or collapse? (General Plan MEA p. 96 ff) d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? (General Plan MEA p. 96 ff) e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal system where sewers are not available for the disposal of waste water? (General Plan MEA p. 96 ff) VII. HAZARDS AND HAZARDOUS MATERIALS: Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? (Application Materials) b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the likely release of hazardous materials into the environment? (Application Materials) c) Reasonably be anticipated to emit hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? (Application Materials) PAMartin\Marriott\Appeal\CheekiistAp peal. W PD 7 Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact X X X X X X X X X 11 91 VA 2 r 010 Issues (and Supporting Information Sources) (cont.): d) Is the project located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (Riverside County Hazardous Materials Listing) e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) f) For a project within the vicinity of a private airstrip; would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? (General Plan MEA p. 94 ff) h) Expose people or structures to the risk of loss, injury or death involving wildlands fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (General Plan land use map) VIII. HYDROLOGY AND WATER QUALITY: Would the project: a) Violate Regional Water Quality Control Board water quality standards or waste discharge requirements? (General Plan EIR p. III-87 ff.) b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted? (General Plan EIR p. III-87 ff.) c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, in a manner which would result in substantial erosion or siltation on- or off - site? (General Plan EIR p. III-87 ff.) d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? (General Plan EIR p. III-87 ff.) e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems to control? (General Plan EIR p. III-87 ff.) f) Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (Master Environmental Assessment Exhibit 6.5) g) Place within a 100-year floodplain structures which would impede or redirect flood flows? (Master Environmental Assessment Exhibit 6.5) P:\Martin\Marriott\Appeal\ChecklistAppeal.WPD Potentially Significant Impact Potentially Significant Unless Mitigated Less Than Significant Impact No Impact X X X X X X X X X X X X 256 017 IX. X. XI. k Issues (and Supporting Information Sources) (cont.): LAND USE AND PLANNING: Would the project: a) Physically divide an established community? (Project Description) b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purposes of avoiding or mitigating an environmental effect? (General Plan p. 18 ff.) c) Conflict with any applicable habitat conservation plan or natural communities conservation plan? (Master Environmental Assessment p. 73 ff.) MINERAL RESOURCES: Would the project: a) Result in the loss of availability of a known mineral resource classified MRZ-2 by the State Geologist that would be of value to the region and the residents of the state? (Master Environmental Assessment p. 71 ff.) b) Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (Master Environmental Assessment p. 71 ff.) NOISE: Would the project result in: a) Exposure of persons to, or generation of, noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (General Plan MEA p. 110 ff.) b) Exposure of persons to or generation of excessive groundbome vibration or groundborne noise levels? (General Plan MEA p. 110 ff.) c) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? (General Plan MEA p. 110 ff.) d) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (Master Environmental Assessment) e) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive levels? (General Plan land use map) POPULATION AND HOUSING: Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? (General Plan, p. 9 ff.) P:\Martin\Marriott\Appeal\ChecklistAp peal. W PD Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact N. 91 X X 11 X X X 11 /M 257 018 Issues (and Supporting Information Sources) (cont.): b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? (Application Materials) c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? (Application Materials) XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? (General Plan MEA, p. 46 ff.) Police protection? (General Plan MEA, p. 46 ff.) Schools? (General Plan MEA, p. 46 ff.) Parks? (General Plan; Recreation and Parks Master Plan) Other public facilities? (General Plan MEA, p. 46 ff.) XIV. RECREATION: a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Application Materials) b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Application Materials) XV. TRANSPORTATION/TRAFFIC: Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? (General Plan EIR, p. III-29 ff.) b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (General Plan EIR, p. III-29 ff.) c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (General Plan EIR, p. III-29 ff.) P:\Martin\Marriott\Appeal\ChecklistAp peal. W PD 10 Potentially Significant Impact Potentially Significant Unless Mitigated Less Than Significant Impact No Impact X X X X X X X X X X X X 258 019 Issues (and Supporting Information Sources) (cont.): d) Substantially increase hazards to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (General Plan EIR, p. III-29 ff.) e) Result in inadequate emergency access? (Application Materials) f) Result in inadequate parking capacity? (Application Materials) g) Conflict with adopted policies supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Application Materials) XVI. UTILITIES AND SERVICE SYSTEMS: Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? (General Plan MEA, p. 46 ff.) b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 46 ff.) c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 46 ff.) d) Are sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (General Plan MEA, p. 46 ff.) e) Has the wastewater treatment provider which serves or may serve the project determined that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? (General Plan MEA, p. 46 ff.) f) Is the project served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? (General Plan MEA, p. 46 ff.) XVII. MANDATORY FINDINGS OF SIGNIFICANCE: a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? PAMartin\Marriott\Appeal\ChecklistAppeal. WPD 11 Potentially Significant Impact Potentially Significant Unless Mitigated Less Than Significant Impact No Impact X X X X X X X X X X K/ X 259 04 Issues (and Supporting Information Sources) (cont.): c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current project, and the effects of probable future projects)? d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVIII EARLIER ANALYSIS. Potentially Significant Impact Potentially Significant Unless Mitigated Less Than Significant Impact No Impact X X Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets. a) Earlier analysis used. Identify earlier analysis and state where they are available for review. No earlier analysis were used in this review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Not applicable. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. See attached Addendum. SOURCES: Master Environmental Assessment, City of La Quinta General Plan 2002. SCAQMD CEQA Handbook. General Plan, City of La Quinta, 2002. City of La Quinta Municipal Code. 260 P:\Martin\Marriott\Appeal\ChecklistAppeal.WPD 12 040.1 Addendum for Environmental Assessment 2002-445 (Appeal) I.d) The proposed project will be constructed on a currently vacant site, and will therefore result in additional lighting. The City's lighting ordinance, however, requires that all lighting be contained within the site, so that there will be no impact to adjacent properties. Further, Lighting will occur primarily on the north and south boundaries, in areas which will eventually be developed for commercial projects. Only very limited lighting will occur on the eastern portion of the site, closest to existing single family development. The impacts from lighting generated at the proposed project site are expected to be less than significant. III. a) The proposed project will generate air pollution primarily from the operation of motor vehicles. The 120 hotel rooms could generate approximately 588 trips per day'. Based on this trip generation, the project at buildout will generate the following pollutants. Running Exhaust Emissions (pounds/day) PM 10 PM 10 PM 10 CO ROC NOx Exhaust Brakes Tires 50 mph 21.26 0.82 4.36 -- 0.09 0.09 Daily Threshold* 550 75 100 150 Based on 588 trips/day and average trip length of 7 miles, using EMFAC7G Model provided by California Air Resources Board. Assumes catalytic light autos at 75°F. * Operational thresholds provided by SCAO.MD for assistance in determining the significance of a project and the need for an EIR. As demonstrated in the Table above, the proposed project will not exceed any threshold for the generation of moving emissions, as established by the South Coast Air Quality Management District in determining the need for an EIR. The impacts to air quality relating to chemical pollution are not expected to be significant. III. c) The Coachella Valley is a non -attainment area for PM 10 (particulate matter of 10 microns or smaller). The construction of the proposed project has the potential to generate dust, which could contribute to the PM 10 problem in the "Trip Generation, 6th Edition," by Institute of Transportation Engineers. "All Suites Hotel' category (311 used. U Z � 1 PAMartin\Marriott\Appeal\Add end urnAppeal. WPD area. In order to control PM10, the City has imposed standards and requirements on development to control dust. The applicant will be required to submit such a plan prior to initiation of any earth moving activity at the site. In addition, the potential impacts associated with PM 10 can be mitigated by the mitigation measures below. 1. Construction equipment shall be properly maintained and serviced to minimize exhaust emissions. 2. Existing power sources should be utilized where feasible via temporary power poles to avoid on -site power generation. 3. Construction personnel shall be informed of ride sharing and transit opportunities. 4. Cut and fill quantities will be balanced on site. 5. Any portion of the site to be graded shall be pre -watered to a depth of three feet prior to the onset of grading activities. 6. Watering of the site or other soil stabilization method shall be employed on an on -going basis after the initiation of any grading activity on the site. Portions of the site that are actively being graded shall be watered regularly to ensure that a crust is formed on the ground surface, and shall be watered at the end of each work day. 7. Landscaped areas shall be installed as soon as possible to reduce the potential for wind erosion. Perimeter landscaping on Caleo Bay and the northern property line shall be installed with the construction of the first building. 8. SCAQMD Rule 403 shall be adhered to, insuring the clean up of construction -related dirt on approach routes to the site. 9. All grading activities shall be suspended during first and second stage ozone episodes or when winds exceed 25 miles per hour. With the implementation of these mitigation measures, the impacts to air quality from buildout will not be significant. IV. a) The proposed project is located within the required fee area for the Coachella Valley Fringed -toed lizard, and will be required to pay the mandated fee at the issuance of building permits. The payment of the fee will reduce the potential impacts to this species to a less than significant level. P:\Martin\Marriott\Appeal\AddendumAppeal.WPD 2 26? u 2 3 V. b) The site has been previously graded, and has a low potential for surficial archaeological resources. There is, however, a potential that buried resources do occur on the site which will not be uncovered until grading and excavation occurs. As a result, the following mitigation measure shall be required: 1. Should any earth moving activity on the site uncover a potential archaeological resource, all activity on the site shall stop until such time as a qualified archaeologist has evaluate the resource, and recommended mitigation measures. The archaeologist shall also be required to submit to the Community Development Department, for review and approval, a written report on all activities on the site prior to occupancy of the first building on the site. VI. a) i) & ii) The proposed project lies in a Zone III groundshaking zone. The property, as with the rest of the City, will be subject to significant ground movement in the event of a major earthquake. Structures on the site will be required to meet the City's standards for construction, which include Uniform Building Code requirements for seismic zones. The City Engineer will require the preparation of site -specific geotechnical analysis in conjunction with the submittal of grading plans. This requirement will ensure that impacts from ground shaking are reduced to a less than significant level. VI. b) The subject property is in a severe wind erosion hazard zone. Soils on the site which are not properly treated after disturbance are likely to be transported by winds in the area. The City will implement requirements for a PM 10 management plan, and additional mitigation measures have been included in the Air Quality discussion above. These mitigation measures will reduce potential impacts to a less than significant level. Vlll.b) Domestic water is provided by the Coachella Valley Water District, which extracts groundwater from a number of wells in the Lower Thermal sub -basin. The project proponent will be required to implement the City's standards for water conserving plumbing fixtures and on -site retention, which both aid in reducing the potential impacts associated with groundwater. The proposed project will also meet the requirements of the City's water -conserving landscaping ordinance. These standards will reduce potential impacts to a less than significant level. VIII. c)&d) The proposed project will alter the drainage pattern in the area through grading 263 PAMartin\Marriott\Appeal\Add end umAppeal. WPD 3 024 and covering of soil with impermeable surfaces. The City requires that all construction projects retain the 100 year 24 hour storm on -site. This will control the amount of runoff which exits the site during a storm. The project's drainage plan will be reviewed and approved by the City Engineer prior to the issuance of grading permits XI.a) The proposed project has a potential to impact sensitive receptors immediately east, in the Lake La Quinta project. The Lake La Quinta development occurs in an area which meets the City's noise standards. In addition the perimeter landscaping proposed within the proposed project, and an interior street separates the project from the residential development, creating added separation. A wall occurs on the western boundary of the Lake La Quinta project, which mitigates noise impacts also. Noise levels generated from the proposed project will not impact the noise environment in the area. XI. c) The construction of the proposed project has the potential to create temporary construction noise impacts on the residential units to the east. In order to mitigate these potential impacts, the project proponent shall implement the following mitigation measures: XIII.a) 1. All internal combustion equipment operating within 500 feet of any occupied residential unit shall be fitted with properly operating mufflers and air intake silencers. 2. All stationary construction equipment (e.g. generators and compressors) shall be located in the northwest corner of the site. 3. Construction activities shall be limited to the hours prescribed in the La Quinta Municipal Code. 4. Construction staging areas shall be located as far from the eastern boundary of the project as possible. The proposed development will have a direct impact on public services and will be served by the County Sheriff and Fire Department, acting under City contract. Site development will generate property tax, transient occupancy tax, and a small amount of sales tax, which will offset the costs of added police and fire services. The project area will be required to pay the mandated school fees as development occurs. These fees mitigate the students generated, and offset the impacts to schools. The project will be required to participate in the City's Impact Fee Program, 2 6 4 which helps to offset roadway improvement costs. (J25 P:\Martin\Marriott\Appeal\AddendumAppeal.WPD 4 Site development is not expected to have a significant impact on municipal services or facilities. P:\Martin\Marriott\Appeal\AddendumAppeal.WPD 4-4 0 i M O O O 0 N M O 0 0 O N M N O 0 N 00 N, N O O N ti U A rA W rA O o z z a A U W d F A w a>4a OV V O O W ti O U Cd U U E. U o N a p a c s A cn U) bA to Cd O �A O + .G O U �+ U U U U � N U u U .14 U U aU U o.� rA o ob.� s t'o a 0-4 a s a2, a a w S4 z zCd w w� N a o � o r7 o z a, — o p. 3 0 N 3 � Qid �"' •+ •'" O a o C 0 b A 0 A �ay1 5 NCd yam, -0 a 3 m a) a a Q N 0 E 0 rn ►EI co N a a Q 0 0 :91 t a F d A aU O�U 0 N a� W o U b � � � f"y U t". N A ;4 a z z q z Wad UA 0 z O CO) to En tN � R }Uy a U QJ �b H d A U � W axWU OU U U U U U U A A A A O w� a on an an b on b b b � p0 GQ 04 O z o � rP7 0 3 ��..II ,D U •�[ y0 CA r O to Eb C7 a w v� a W 267 028 a CITY COUNCIL RESOLUTION 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S DECISION OF APRIL 23, 2002, APPROVING A ONE TO THREE STORY, 120 UNIT, HOTEL (MARRIOTT) ON A 3.89 ACRES SITE. CASE NO.: CONDITIONAL USE PERMIT 2002-068 APPLICANT: SECO/SDC, LLC APPELLANT: LAKE LA QUINTA HOMEOWNERS ASSOCIATION WHEREAS, the City Council of the City of La Quinta, California, did, on the 41h day of June, 2002 hold a duly noticed Public Hearing, at the request of Lake La Quinta Homeowner's Association, the appellant, to review the decision of the Planning Commission to approve a one to three story, 120 room, hotel, generally located east of Washington Street between Lake La Quinta Drive and Avenue 48, more particularly described as follows: APNs: 643-200-002 & 003; and WHEREAS, an appeal of the Planning Commission's decision of April 23, 2002, for EA 2002-445, CUP 2002-068 and SDP 2002-733, was filed by Lake La Quinta Homeowner's Association on May 3, 2002, in compliance with Section 9.200.120 of the Zoning Code requiring review of the appeal by the City Council; and WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 23rd day of April, 2002 hold a duly noticed Public Hearing, at the request of SECO/SDC/LLC, the applicant, to consider a one to three story, 120 room hotel, generally located east of Washington Street between Lake La Quinta Drive and Avenue 48, and on a 4-0 vote (one Commissioner absent) adopted Resolution 2002-038 approving said request, subject to conditions; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings pursuant to Section 9.210.020 of the Zoning Code to justify approval of said Conditional Use Permit: 1. Consistency with the General Plan: The proposed project is consistent with the goals and policies of the General Plan in that the design, height, scale and mass of the project is compatible with the Community Commercial Land Use designation. 268 PAMartin\Marriott\Appeal\CC Reso CUP 02-068.wpd C CITY COUNCIL RESOLUTION 2002- CONDITIONAL USE PERMIT 2002-068 (APPEAL) JUNE 4, 2002 2. Consistency with the Zoning Code: The proposed project is consistent with the development standards of the Regional Commercial Zoning District, including but not limited to, building heights, setbacks, parking, landscape design, and exterior lighting. 3. Compliance with the California Environmental Quality Act (CEQA): The proposed project is consistent with the requirements of CEQA, in that Environmental Assessment 2002-445 was prepared for this project with a recommendation for certification of a Mitigated Negative Declaration of Environmental Impact. 4. Surrounding Uses: Approval of the Conditional Use Permit 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 in that the proposed project will be compatible with existing and proposed development with regard to commercial uses. 5. Architectural Design: The architectural design of the proposed building, including but not limited to, architectural style, scale, building mass, materials, colors, architectural details, roof style, and other architectural elements, is compatible with surrounding development and with the quality of design prevalent in the City, in that it lacks the bulky mass of a commercial building due to the articulation, stucco exterior finish, desert tone colors, tile roofs, flat roofs, and trellises; the proposed building is adequately set back with multiple wall planes so as to minimize the appearance of a large structural mass. 6. Site Design: The site design of the proposed project, including but not limited to, project entries, interior circulation, pedestrian access, pedestrian amenities, screening of equipment, trash enclosures, exterior lighting, and other site design elements such as scale, mass, appearance, and amount of landscaping are compatible with surrounding development and quality of design prevalent in the City in that the project meets the development standards imposed by the City's Zoning Code. 7. Landscape Design: As conditioned, the landscaping of the proposed project, including but not limited to, the location, type, size, color, texture, and coverage of plant materials, has been designed to provide visual relief, complement the building, visually emphasize prominent design elements, screen undesirable views, provide a harmonious transition between buildings, and provide an overall unifying influence to enhance the visual continuity of the project. The 269 P:\Martin\Marriott\Appeal\CC Reso CUP 02-068.wpd 3, CITY COUNCIL RESOLUTION 2002- CONDITIONAL USE PERMIT 2002-068 (APPEAL) JUNE 4, 2002 proposed landscaping is compatible with the surrounding area in that the variety of the plant palette, placement of shade trees and decorative plants, provide an aesthetically pleasing and well functioning use of landscaping space. NOW THEREFORE, BE IT 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 City Council for this Conditional Use Permit; 2. That it does hereby approve Conditional Use Permit 2002-068 for the reasons set forth in this Resolution, subject to the Conditions of Approval attached hereto; PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 41h day of June, 2002, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California (City Seal) 270 P:\Martin\Marriott\Appeal\CC Reso CUP 02-068.wpd U '� v CITY COUNCIL RESOLUTION 2002- CONDITIONAL USE PERMIT 2002-068 (APPEAL) JUNE 4, 2002 APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 271 P:\Martin\Marriott\Appeal\CC Reso CUP 02-068.wpd O .o CITY COUNCIL RESOLUTION 2002- CONDITIONS OF APPROVAL - FINAL CONDITIONAL USE PERMIT 2002-068 JUNE 4, 2002 GENERAL 1. The conditions of approval for this Conditional Use Permit (CUP 2002-068) are binding with the conditions of approval of Site Development Permit (SDP 2002-733) for the same project. 2. All public agency letters received for this case are made part of the case file documents for plan checking processes. 3. Approval of this Conditional Use Permit is subject to compliance with Section 9.210.020 of the Zoning Code, as applicable. 4. The approved Conditional Use Permit shall be used within two years of approval, otherwise, it shall become null and void and of no effect whatsoever. "Used" means the issuance of a building permit. A time extension may be requested as permitted in Municipal Code Section 9.200.080 (D). 5. 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 counsel. The City shall promptly notify the developer of any claim, action or proceeding and shall cooperate fully in the defense. 6. Development of this site shall be in conformance with the Exhibits approved and contained in the files for Conditional Use Permit 2002-068 and Site Development Permit 2002-733. 2 74. �33 PAPC Reso & COA\PCCUPCOA.wpd Page 1 of 1 CITY COUNCIL RESOLUTION 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S DECISION OF APRIL 23, 2002, APPROVING DEVELOPMENT PLANS FOR A ONE TO THREE STORY, 120 UNIT, HOTEL (MARRIOTT) ON A 3.89 ACRES SITE. CASE NO.: SITE DEVELOPMENT PERMIT 2002-733 APPLICANT: SECO/SDC, LLC APPELLANT: LAKE LA QUINTA HOMEOWNERS ASSOCIATION WHEREAS, the City Council of the City of La Quinta, California, did, on the 41h day of June, 2002 hold a duly noticed Public Hearing, at the request of Lake La Quinta Homeowner's Association, the appellant, to review the decision of the Planning Commission to approve development plans for a one to three story, 120 room, hotel, generally located east of Washington Street between Lake La Quinta Drive and Avenue 48, more particularly described as follows: APNs: 643-200-002 & 003; and WHEREAS, an appeal of the Planning Commission's decision of April 23, 2002, for EA 2002-445, CUP 2002-068 and SDP 2002-733, was filed by Lake La Quinta Homeowner's Association on May 3, 2002, in compliance with Section 9.200.120 of the Zoning Code requiring review of the appeal by the City Council; and WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 23rd day of April, 2002 hold a duly noticed Public Hearing, at the request of SECO/SDC/LLC, the applicant, to consider development plans for a one to three story, 120 room hotel, generally located east of Washington Street between Lake La Quinta Drive and Avenue 48, and on a 4-0 vote (one Commissioner absent) adopted Resolution 2002-039 approving said request, subject to conditions; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings pursuant to Section 9.210.010 of the Zoning Code to justify approval of said Site Development Permit: 1. Consistency with the General Plan: The proposed project as proposed is consistent with the goals and policies of the General Plan in that the design, height, scale and mass of the project is compatible with the Community Commercial Land Use designation. 273 PAMartin\Marriott\Appeal\CC Reso SDP 02-733.wpd 0 ? 4 CITY COUNCIL RESOLUTION 2002- SITE DEVELOPMENT PERMIT 2002-733 (APPEAL) JUNE 4, 2002 2. Consistency with the Zoning Code: The proposed project is consistent with the development standards of the Regional Commercial Zoning District, including but not limited to, setbacks, architecture, building heights, building mass, exterior lighting, parking, circulation, open space and landscaping. 3. Compliance with the California Environmental Quality Act (CEQA): The proposed project is consistent with the requirements of CEQA, in that Environmental Assessment 2002-445 was prepared for this project with a recommendation for certification of a Mitigated Negative Declaration of Environmental Impact. 4. Architectural Design: The architectural design of the proposed building, including but not limited to, architectural style, scale, building mass, materials, colors, architectural details, roof style, and other architectural elements, is compatible with surrounding development and with the quality of design prevalent in the City, in that it lacks the bulky mass of a commercial building due to the articulation, stucco exterior finish, desert tone colors, tile roofs, flat roofs, and trellises; the proposed building is adequately set back with multiple wall planes so as to minimize the appearance of a large structural mass. 5. Site Design: The site design of the proposed project, including but not limited to, project entries, interior circulation, pedestrian access, pedestrian amenities, screening of equipment, trash enclosures, exterior lighting, and other site design elements such as scale, mass, appearance, and amount of landscaping are compatible with surrounding development and quality of design prevalent in the City in that the proposed project meets the development standards of the City's Zoning Code. 6. Landscape Design: As conditioned, landscaping plan for the proposed project, including but not limited to, the location, type, size, color, texture, and coverage of plant materials, has been designed to provide visual relief, complement the building, visually emphasize prominent design elements, screen undesirable views, provide a harmonious transition between buildings, and provide an overall unifying influence to enhance the visual continuity of the project. The proposed landscaping is compatible with the surrounding area in that the variety of the plant palette, placement of shade trees and decorative plants, provide an aesthetically pleasing and well functioning use of landscaping space. NOW THEREFORE, BE IT 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 274 PAMartin\Marriott\Appeal\CC Reso SDP 02-733.wpd A3 CITY COUNCIL RESOLUTION 2002- SITE DEVELOPMENT PERMIT 2002-733 (APPEAL) JUNE 4, 2002 the City Council for this Site Development Permit; 2. That it does hereby approve Site Development Permit 2002-733 for the reasons set forth in this Resolution, subject to the Conditions of Approval attached hereto; PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 4th day of June, 2002, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California P:\Martin\Marriott\Appeal\CC Reso SDP 02-733.wpd 275 U3u CITY COUNCIL RESOLUTION 02- CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2002-733 JUNE 4, 2002 GENERAL 1. The conditions of approval for this Site Development Permit (SDP 2002-733) are binding with the conditions of approval for Conditional Use Permit (CUP 2002-068) for the same project. 2. The use of this site shall be in conformance with the approved exhibits contained in Site Development Permit 2002-733 unless otherwise amended by the following conditions. 3. All public agency letters received for this case are made part of the case file documents for plan checking processes. 4. The approved Site Development Permit shall be used within two years of approval, otherwise, it shall become null and void and of no effect whatsoever. "Used" means the issuance of a building permit. A time extension may be requested as permitted in Municipal Code Section 9.200.080 (D). 5. 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 Site Development Permit. 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. 6. 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, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, applicant shall furnish proof of such approvals when submitting thek improvement plans for City approval. � 9 7 P:\Martin\Marriott\Appeal\CCSDPCOA-Appeal.wpd Page 1 of 12 CITY COUNCIL RESOLUTION 02- CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2002-733 JUNE 4, 2002 7. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08-DWQ . A. For construction activities including clearing, grading or excavation of land that disturbs five (5) acres or more of land, or that disturbs less than five (5) acres of land, but which is a part of a construction project that encompasses more than five (5) acres of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). 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 Site Development Permit. 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 Practice ("BMPs"), 8.70.020 (Definitions), LQMC: 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. E. All of applicant's erosion and sediment control BMPs shall be approved by the City Engineer prior to any on or off site grading being done in relation to this project. F. All approved project BMPs shall be maintained in their proper working order throughout the course of construction, and until all improvements have been accepted by the City. 8. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 9. The applicant shall comply with all mitigation measures included in the Mitigation 277 Monitoring Program for the project. U c P:\Martin\Marriott\Appeal\CCSDPCOA-Appeal.wpd Page 2 of 12 CITY COUNCIL RESOLUTION 02- CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2002-733 JUNE 4, 2002 PROPERTY RIGHTS 10. Prior to the issuance of any permit(s), the applicant shall acquire, or confer, those easements, and other property rights necessary for the construction and/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 the maintenance, construction and reconstruction of essential improvements. 11. 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. 12. Unless the ultimate developed right-of-way can be documented, the public street right- of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) None - All off site street dedication is in place. 13. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. 14. The applicant shall create perimeter landscaping setbacks along all public right-of-ways as follows: A. Washington Street - None - Landscape Setbacks have been dedicated. B. Caleo Bay - 10 feet from the Right of Way/Property Line. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes. 15. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas shown on the Site Development Permit. 16. The applicant shall vacate all abutter's right -of -access to public streets and properties from all frontages along such public streets and properties, excepting those access278 points shown on the Site Development Permit. ? 9 P:\Martin\Marriott\Appeal\CCSDPCOA-Appeal.wpd Page 3 of 12 CITY COUNCIL RESOLUTION 02- CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2002-733 JUNE 4, 2002 17. 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, ingress/egress, or other encroachments will occur. 18. When an applicant proposes the vacation, or abandonment, any existing right-of-way, or access easement, which will diminish the access rights to any properties owned by others, the applicant shall provide an alternate right-of-way or access easement, to those properties, or shall submit notarized letters of consent from the affected property owners. 19. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of this Site Development Permit and the date of final acceptance of the on and off -site improvements for this Site Development Permit, unless such easement is approved by the City Engineer. 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. 20. 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. 21. The following improvement plans shall be prepared and submitted for review and approval by the Engineering 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. Perimeter Landscape Plan: 1 " = 20' B. On -Site Rough Grading Plan: 1 " = 40' Horizontal C. Site Development Plans: 1 " = 30' Horizontal D. On -Site Utility Plan: 1 " = 40' Horizontal E. On -Site Landscape Plan: 1 " = 20' Horizontal The plans shall be submitted a minimum of 8 to 10 weeks prior to the issuance of 279 construction permits to allow adequate time for plan check and revisions. u40 P:\Martin\Marriott\Appeal\CCSDPCOA-Appeal.wpd Page 4 of 12 CITY COUNCIL RESOLUTION 02- CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2002-733 JUNE 4, 2002 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. "Site Development" 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 ADA requirements; and show the existing street improvements out to at least the center lines of adjacent existing streets. "Site Utility" plans shall normally include all sub -surface improvements including but not necessarily limited to sewer lines, water lines, fire protection and storm drainage systems. "Rough Grading" plans shall include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. 22. The City maintains standard plans, details and/or construction notes for elements of construction. For a fee, established by City resolution, the applicant may purchase such standard plans, detail sheets and/or construction notes from the City. 23. The applicant shall furnish a complete set of the AutoCAD files of all complete, approved improvement plans on a storage media acceptable to the City Engineer. The files shall be saved in a standard AutoCAD format so they may be fully retrievable through a basic AutoCAD program. At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the AutoCAD files in order to reflect the as -built conditions. Where the improvement plans were not produced in a standard AutoCAD format, or a file format which can be converted to an AutoCAD format, the City Engineer will accept raster -image files of the plans. GRADING 24. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 25. Prior to occupancy of the project site for any construction, or other purposes, the 2 $ O applicant shall obtain a grading permit approved by the City Engineer. At P:\Martin\Marriott\Appeal\CCSDPCOA-Appeal.wpd Page 5 of 12 CITY COUNCIL RESOLUTION 02- CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2002-733 JUNE 4, 2002 26. 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 qualified engineer or architect, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, and C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16 (Fugitive Dust Control), LQMC. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions submitted with its application for a grading permit. 27. 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. 28. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape areas outside the right of way unless otherwise approved by the City Engineer. 29. The applicant shall reduce the pad height to an elevation not to exceed 61.0 unless it can be demonstrated that the subsurface storm drain system or parking lot grading will not accommodate the requested pad height. 30. Prior to any site grading or regrading that will raise or lower any building pads within the project site by more than plus or minus three tenths of a foot from the elevations shown on the approved Site Development Permit, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 31. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad 281 certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. U 4 2 P:\Martin\Marriott\Appeal\CCSDPCOA-Appeal.wpd Page 6 of 12 CITY COUNCIL RESOLUTION 02- CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2002-733 JUNE 4, 2002 DRAINAGE 32. Stormwater shall be directed to the approved drainage system for Tract 24230/Tract 26152 (Lake La Quinta). Nuisance flows from the subject SDP 2002-733 shall be accommodated on site through an acceptable system. The applicant shall demonstrate that there is sufficient capacity in the existing system to accept the design run off from the proposed project. If the existing system is not capable to carry any or all of the developed run off from this development, the applicant shall retain the incremental difference on site. 33. 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 Section 9.100.040(B)(7), LQMC. 34. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 35. 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. 36. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. UTILITIES 37. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 38. 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. 39. 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 282 by the City Engineer. A3 P:\Martin\Marriott\Appeal\CCSDPCOA-Appeal.wpd Page 7 of 12 CITY COUNCIL RESOLUTION 02- CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2002-733 JUNE 4, 2002 PARKING LOTS and ACCESS POINTS 40. 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 qualified engineers. 41. The design of parking facilities shall conform to LQMC Chapter 9.150 (Parking). Entry drives, main interior circulation routes, corner cutbacks, bus turnouts, dedicated turn lanes and other features shown on the approved construction plans, may require additional street widths as may be determined by the City Engineer. 42. General access points and turning movements of traffic are limited to the following: A. Primary Entry (Washington Street) located just north of the south property line. This driveway shall be restricted to right in/right out turning movements, only. The applicant is advised that there is restricted access along Washington Street. The applicant shall submit the necessary legal descriptions and exhibits which clearly define the proposed access location and width. The vacation of the restricted access will be presented to the City Council for approval. B. Secondary Entry (on Caleo Bay may be permitted) located at the northeastern corner of the parking drive isle. This driveway may have full right in/right out and left in/left out turning movements. The applicant shall re -stripe portions of Caleo Bay to accommodate the left turn lane at the driveway. Signing and striping plans which detail the left turn lane and centerline striping shall be submitted to the Engineering Department for approval. C. In the event that properties to the north and south are developed, the applicant shall provide shared access driveways and reciprocal access agreements for said properties to reduce access points and turning movements off of, and onto, Washington Street. 43. Pursuant to Section 9.150.080(A)(8)(b) (Parking), LQMC, the applicant shall provide 30-foot uninterrupted driveway throats into the parking lot, or alternatively provide a combination of a dedicated right turn deceleration lane and the drive throat that will 283 equal a total of 30-feet. A4 P:\Martin\Marriott\Appeal\CCSDPCOA-Appeal.wpd Page 8 of 12 CITY COUNCIL RESOLUTION 02- CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2002-733 JUNE 4, 2002 CONSTRUCTION 44. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphaltic concrete and Portland cement concrete. The submittal shall include the test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include the most recent (less than six months old at the time of construction) aggregate gradation test results confirming that the design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs have been approved. 45. 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. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. LANDSCAPING 46. The perimeter landscaping for the project shall be consistent with what is existing in the immediate area. 47. The applicant shall comply with Sections 9.90.040 (Table of Development Standards) & 9.100.040 (Landscaping), LQMC. 48. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 49. Landscape and irrigation plans for landscaped lots, setbacks and retention basins shall be signed and stamped by a licensed landscape architect. The applicant shall submit the landscape plans for approval by the Community Development Department (CDD), prior to plan checking by the Public Works Department. When plan checking has been completed by CDD, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the City Engineer. NOTE: Plans are not approved for construction until signed by the City Engineer. 284 A5 P:\Martin\Marriott\Appeal\CCSDPCOA-Appeal.wpd Page 9 of 12 CITY COUNCIL RESOLUTION 02- CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2002-733 JUNE 4, 2002 50. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 18 inches of curbs along public streets. 51. Only incidental storm water 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 Section 9.100.040(B)(7), LQMC. QUALITY ASSURANCE 52. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 53. The applicant shall employ, or retain, qualified engineers, surveyors, and such or other appropriate professionals as are required to provide the expertise with which to prepare and sign accurate record drawings, and to provide adequate construction supervision. 54. The applicant shall arrange for, and bear the cost of, all measurements, sampling and' testing procedures not included in the City's inspection program, but which may be required by the City, as evidence that the construction materials and methods employed comply with the plans, specifications and other applicable regulations. 55. Upon completion of construction, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing," "As -Built" or "As -Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all AutoCAD or raster -image files previously submitted to the City, revised to reflect the as -built conditions. MAINTENANCE 56. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 57. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. FEES AND DEPOSITS 58. The applicant shall comply with the provisions of Section 13.24.180 (Fees and 285 Deposits), LQMC. These fees include all deposits and fees required by the City for v4v P:\Martin\Marriott\Appeal\CCSDPCOA-Appeal.wpd Page 10 of 12 CITY COUNCIL RESOLUTION 02- CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2002-733 JUNE 4, 2002 plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 59. The applicant is responsible for paying all development impact fees pursuant to Resolution No. 99-80, as amended. COACHELLA VALLEY WATER DISTRICT 60. The site shall be annexed to Improvement District Nos. 55 and 82 of the district for sanitation service. 61. Grading, landscaping and irrigation plans shall be submitted to the Coachella Valley Water District for review to ensure efficient water management techniques. 62. Appropriate fees, if any, shall be paid to the Coachella Valley Water District in accordance with their current regulations for service to the site. RIVERSIDE COUNTY FIRE DEPARTMENT 63. Approved super fire hydrants shall be located not less than 25 feet, nor more than 165 feet, from any portion of the buildings as measured along vehicular travel ways. 64. Blue dot reflectors shall be placed in the street 8 inches from the centerline to the side that the fire hydrant is located, so as to identify fire hydrant locations during an emergency. 65. Contact the Fire Department for the required fire flow information for the project. 66. Building plans shall be submitted to the Fire Department for plan review to run concurrent with the City's plan check procedures. 67. Water plans for the fire protection system (fire hydrants, etc.) shall be submitted to the Fire Department for approval prior to issuance of a building permit. 68. Buildings over 5,000 square feet are required to be equipped with fire sprinklers. Fire sprinkler plans shall be submitted to the Fire Department for review and approval prior to issuance of a building permit. 69. Any operation that produces grease -laden vapors will require a hood/duct system for fire protection (restaurants, etc.). Hood/duct fire protection plans shall be submitted �8 to the Fire Department for review and approval prior to installation. P:\Martin\Marriott\Appeal\CCSDPCOA-Appeal.wpd Page 11 of 12 CITY COUNCIL RESOLUTION 02- CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2002-733 JUNE 4, 2002 70. The required water system, including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on site. 71. The applicant or developer shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or signs. 72. Install a KNOX key box on each commercial building. Contact the Fire Department for an application. 73. Install portable fire extinguishers as required by the California Fire Code. LIGHTING 74. A detailed lighting plan shall be submitted for review and approval by the Community Development Department prior to issuance of any building permit. Said plan shall show the type of standard, manufacturer's specifications and locations on the site. Low sodium pressure shoe box type lighting shall be utilized throughout the parking lot so as to reduce glare to the surrounding area. In no case shall lighting standards for the parking lot be taller than 10 feet. SIGNS 75. A sign application shall be submitted for review and approval by the Community Development Department prior to issuance of a grading permit. All signs shall be in compliance with Section 9.160 of the Zoning Code. 287 A8 P:\Martin\Marriott\Appeal\CCSDPCOA-Appeal.wpd Page 12 of 12 I MAY - 3 2002 0 City of La Quinta Community Development Department 78-495 Calle Tampico La Quinta, California 92253 (760) 777-7125 FAX: (760) 777-1233 ATTACHMENT #1 Case No.r- v/' 02 - "D6 6 Date P. d. Fee: � 1 Related Apps.: C,,-r')z-� Logged in by: �- IApplication for peal of Findings And/Or Conditions Appellant's Name LA K-t U, �j 6 f\ Date Cz D Z-- Mailing Address %0-t �,, �h,7YZ ��5��'�, �.•'� Phone: VW 5 6 -c Resolution # and Condition(s) of Approval being appealed SWZ Wl (c �ooz ^`°'ST C> Any development review action may be appealed pursuant to Section 9.220.120 of the Zoning Code. Please identify the type of application: Type of Appeal: Change of Zone Specific Plan _ Conditional Use Permit Variance Minor Use Permit 11 Tentative Tract M Tentative Parcel ap _ Site Development ern Temporary Use Permit Other • tJ � t�li;l ,1TY®E LAQUINTA Please provide sufficient information so as to make clear the substance of each of the grounds for appeal. If applicable, indicate the number of the specific condition which is being protested. Use additional sheets if necessary. SijznaVrVof 2$8 "° J B6\Appeal Finds-Cond Site Development Permit Architectural Design: The architectural design of the proposed buildings height is not compatible with surrounding development. All the other proposed and previously approved buildings in the same commercial area are only single story or a maximum of two stories in height. The existing homes backing up this project are also single story. The setbacks proposed for this building is only 45.7 feet off of Caleo Bay and the building heights are from 30 to 35.6 feet tall directly across from single story residences. However, the building has over 150 foot -setback off of Washington before the building can be over 22 feet in height. Environmental Impact Study This project will have a large number of traffic 24 hours per day. Greatly increasing the noise, pollution, and vehicle traffic. The traffic, as well as noise, will be increased considerably as this will be a 24 hour op-eration verses a normal commercial building with Monday — Saturday business. The amount of traffic and noise will also greatly increase with the holidays and weekends. Pad Height The pad height elevation not to exceed 61 feet is still two feet taller then the existing pads on the single family residences backing up this project. This will have the buildings already 2 feet taller then the existing pads across from the project. Drainage Property owner should be responsible for filtering all runoff from the property before draining into the existing dry wells. Owner shall also be responsible to clean and maintain the dry well on a yearly basis. Parking Lot and Access Points Only 128 parking areas and 120 rooms are not adequate. There will be at least 45 employees on site and they will use over 1/3 of the allocated parking areas. The amount of parking is deffiently not adequate. Access Points With all the traffic coming South on Washington Street from the out of town, the Washington street entrance could hardly be called the Primary Entrance. The only way traffic will be able to enter off of Washington is to be coming from the Cove. 289 051. Environmental Impact With all the additional traffic entering and exiting the property off of Caleo Bay will create conditions detrimental to public health.._ The proposed entry is just outside of the Lake La Quinta entrance. The area is also where the school bus picks up and drops off children on a daily basis. The amount of traffic that will be entering and exiting Caleo Bay on a 24 hour basis will also increase the noise and pollution into. The Lake La Quinta Homeowners as well as the Lake La Quinta Homeowner's Association are very concerned about the added traffic, 24 hours per day, the increased pollution, and the potential for increased crime. We request that you look into another location or at least address some of the very important issues we have addressed. Some suggestions are to push the 3 story buildings up onto Washington Street and away from the single family residences along Caleo Bay, increase the parking spaces that are proposed, redo the site -study report that claims that no homeowner will lose their views,. no windows or balconl s along Caleo Bay, and make Caleo Bay no parking the entire length. 1 �'0� 290 v51 ATTACHMENT 2 1 1 1 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA April 23, 2002 I. CALL TO ORDER 7:00 P.M. A. This meeting of the Planning Commission was called to order at 7:09 p.m. by Chairman Abels who asked Commissioner Tyler to lead the flag salute. B. Present: Commissioners Richard Butler, Tom Kirk, Robert Tyler, and Chairman Jacques Abels. It was moved and seconded by Commissioners Tyler/Butler to excuse Commissioner Robbins. Unanimously approved. C. Staff present: Community Development Director Jerry Herman, Assistant City Attorney John Ramirez, Senior Engineer Steve Speer, Principal Planner Stan Sawa, Associate Planner Martin Magana, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT ITEMS: A. Chairman Abels asked if there were any corrections to the Minutes of March 26, 2002. Commissioner Tyler asked staff to verify the statement made on Page 2, Item #6; Page 6, Item #4 be corrected to read, "...no supporting text given..."; Page 7, Item #6 corrected to state the elevators were a marketing issue.."; Page 8, Item #12 corrected to read, "...long term energy cost analysis..."; and Page 10, Item #9 corrected to read, "...for a total of 74 feet." There being no further corrections, it was moved and seconded by Commissioners Tyler/Kirk to approve the minutes as corrected. Unanimously approved. B. Department Report: None V. PRESENTATIONS: None. VI. PUBLIC HEARINGS: G:\WPDOCS\PC Minutes\4-23-02.wpd 1 ;91 U53 Planning Commission Minutes April 23, 2002 A. Environmental Assessment 20002-443 General Plan Ame dment 2002- r)QA 7nnc (`honnc ")nrr9-1 r)R onri Citc nowalnnmcnt P rmit 9nn9-7'qn- a request of Clubhouse Associates, L.L.C. for a r commendation for certification of an Environmental Assessment; c nge the General Plan Land Use and Zoning Designation from Low D sity Residential to High Density Residential; and approval of develo ment plans for a 149 unit apartment complex and ancillary facilit' s located on a 10.75 acre triangular parcel on the south side o Avenue 52, east of Jefferson Street. 1. Chairman Abels asked if there was a motion to continue the project to May 14, 200 as requested by the applicant. 2. It was moved anc/seconded by Commissioners Butler/Kirk to continue the pro' ct to May 14, 2002. Unanimously approved. B. Site Development P mit 2002-731; a request of WG Properties, LLC for consideration of velopment plans for construction of a 8,792 square foot office bull ing on a 1.51 acre parcel located at the east side of Washgairman eet, north of Lake La Quinta Drive, within the Lake La Quintrea. 1. Abels asked if there was a motion to continue the May 14, 2002 as requested by the applicant. 2. G It was moved and seconded by Commissioners Tyler/Butler to continue the project to May 14, 2002. Unanimously approved. C. Environmental Assessment 2002-445, Conditional Use Permit 2002-068, and Site Development Permit 2002-733; a request of SECO/SDC LLC/A.G. Spanos Construction, Inc.,1) Recommendation for certification of an Environmental Assessment; 2) Conditional Use Permit to allow a 1- 3 story, 120 room hotel; and 3) Review of development plans for a 1-3 story, 120 room hotel to be located on the east side of Washington Street, north of Avenue 48. 1. Chairman Abels asked for the staff report. Associate Planner Martin Magana presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Abels asked if there were any questions of staff. 2 9 1w G:\WPDOCS\PC Minutes\4-23-02.wpd 2 u° 51 Planning Commission Minutes April 23, 2002 Commissioner Butler asked staff to identify the location of the three story building on Caleo Bay in relation to Via Florence. Staff showed how it intersected the eastern building. Discussion followed as to the location of the three story buildings. 3. Commissioner Kirk asked if the applicant did any visual impact that would affect view sheds. Staff stated yes, and the architect would make that presentation. Commissioner Kirk asked how this property relates to the previously approved medical facility. Staff showed where the medical building was located. Community Development Director Jerry Herman clarified it was approved under a specific plan which does not expire. This project encompasses part of that site which would require it to be modified. Commissioner Kirk asked how much of this site belonged to the earlier specific plan. Staff stated two acres. Commissioner Kirk asked if the traffic generated by this project would be more, less, or same amount of traffic as the previously approved medical center. Senior Engineer Steve Speer stated it is about the same generation. The one issue is that this project is taking direct access off Washington Street. The previous approval had traffic taking access off Caleo Bay. Commissioner Kirk asked if the traffic distribution with the access off Washington Street, would be less off Caleo Bay. Staff stated the traffic study showed by taking the access of Washington Street it will significantly reduce the amount of traffic on Caleo Bay. Commissioner Kirk asked if this property would be allowed under the Regional Commercial land use designation. Staff stated yes as well as the Community Commercial designation. Commissioner Kirk asked if a use that is more intense could be put here. Staff stated the hotel is probably the most intense use, but they could build up to 50 feet in height. With the zone change it reduces it to 40 feet and they are proposing 36 feet. 4. Commissioner Butler asked staff to identify where the entrance was to Lake La Quinta and how the proposed three story buildings would line up in relation to the entrance to Lake La Quinta. Discussion followed. 5. Commissioner Tyler stated the way the property is graded the pad levels are roughly two feet above the sidewalk. Staff stated they are looking at reducing it down to one foot. If you drop it much more, the existing infrastructure would not work for the site. 293 Commissioner Tyler asked how this level compares with the pad levels on the east side of Caley Bay. Staff stated they are about U 5 5 G:\WPDOCS\PC Minutes\4-23-02.wpd 3 Planning Commission Minutes April 23, 2002 the same. Discussion regarding the pad levels of the project and the homes in Lake La Quinta. Commissioner Tyler asked about the lighting. Staff stated the lighting would be the same as the Arts Foundation project and gave a description. They would be allowed 20 feet high lights and are requesting 12 feet high lights. Commissioner Tyler asked about the vacation of the restricted access. Senior Engineer Steve Speer explained that when the map was created for Lake La Quinta, staff restricted the access from Washington Street to one location which was La Quinta Drive. In order for the access to be taken from Washington Street the actual acquiring of the access must be presented to the City Council. Commissioner Tyler asked if entry into the project off Caleo Bay was wide enough to accommodate a left turn lane. Staff explained it is 40 feet between the curbs. Staff will have a 12 foot center, two-way left turn lane, with 14 foot travel lanes on the outside. There will be no parking allowed on Caleo Bay. 6. Chairman Abels asked if the applicant would like to address the Commission. Mr. Lew Bishop, the applicant, gave a presentation on the project with a sight line presentation. The lighting will be low and hopefully at 10 feet. The maximum height of the building facing Caleo Bay is only 28 feet. The parapets take it to 36 feet. 7. Chairman Abels asked if there were any questions of the applicant. Commissioner Tyler asked what the focus of the name "Residence" meant. Mr. Bishop stated it is designed for longer stays than the normal. 8. Commissioner Kirk asked the location of the sight analysis. Mr. Bishop indicated the location on the map. Commissioner Kirk asked if the impact would be different on the other lots. Mr. Bishop explained the difference. 9. Chairman Abels asked if there was any other public comment. Mr. David Flemer, Jr., 47-780 Via Livorno, stated the reason they moved to La Quinta is for the family friendly environment. They would like to ask the Planning Commission to vote no on this project because they believe it is a negative impact to the residents in the community with small children. A bus stop exists 294 G:\WPDOCS\PC Minutes\4-23-02.wpd 4 5 0 Planning Commission Minutes April 23, 2002 at the corner of Via Florence, near the entrance off Caleo Bay into the property and this is a concern to the parents. The elevation are also a concern as the second and third floors residents will be able to see into their backyards which is a violation of their privacy. 10. Commissioner Kirk asked if anyone had any ideas for better commercial uses for this property, please state them. 11. Mr. Leo Ahern, 47-780 Via Firenze, stated he had written to the Commission and outlined eight objections to the project that he, his wife, and neighbors share. Some of those concerns are safety, children, emissions, land values, views, drainage and maintenance of the lake, lighting pollution, Caleo Bay is a Local Street and this project makes it a major highway. The Commission should take all these concerns into consideration. 12. Mr. John Miller, HOA Association President, 47-850 Via Nice, stated his issues were the three stories and being setback 152 feet from Washington Street. The other buildings being built are not set back this far off of Washington Street. The residents have expressed concern over the loss of privacy and the limited number of parking spaces being provided. Where do the employees and attendees of conferences park? For example the projects at Highway 111 and Washington which are completed already do not have enough parking spaces. He understands the need to attract hotels, but not at the expense of property owners. Hotels should be on Highway 1 1 1. He is also concerned with the high volume of traffic and 24-hour business. The entrance to Caleo Bay is directly outside their community and this is where their children gather to meet the school bus. In regard to the traffic study, his concern is that those traveling south on Washington Street will not be able to make a left turn in and will have to turn down Caleo Bay or Avenue 48 to come into the back entrance to the hotel. Also, the originally approved medical facility was only a 9:00 a.m. to 5:00 p.m., Monday to Friday business and this project will be 24-hours; how can it not have a greater impact on traffic? 13. Mr. Tom Plouffe' 47-905 Via Jardin, stated he shares the concerns expressed by Mr. Miller. When he walks in the morning he will not be able to see the mountains because of the hotel. Another concern is parking. There are no other structures in this area over one story. 295 G:\WPDOCS\PC'Minutes\4-23-02.wpd 5 0 5 Planning Commission Minutes April 23, 2002 14. Ms. Bernadette McNulty 47-395 Via Opera, has talked to the architect, and she is an environmental consultant and does like the design of the building. They have altered the height of the roof line to break up the space and it is superior to having two or three giant structures. They are only using 25% of the site for the structure so there is a lot of landscaping and that is good. The issue of parking is a concern and they are only providing 1.3 spaces per room and this is not enough. There needs to be more parking for the employees and attendees. She does not want to be in her backyard looking at the backside of a three story building, nor does she want a resident of the hotel looking down into her yard. Her third concern is the pollution to the lake. 15. Mr. Marshal Italiano 47-785 Via Firenze, stated he lives on the corner lot directly across the street and does not agree with the sight lines as presented. The perimeter wall was referred to as having 9 foot bushes. They are trimmed to six feet. East of his property the wall is only six feet and that would be at a diagonal. His biggest concern is not the project, but also what happens to the other properties on this site and the traffic on Caleo Bay. It will bring more traffic and pollution. Right now they are an oasis surrounded by commercial. He understood and accepted the original medical center because the architecture blended in and would only be two stories, limited hours and closed on the weekends. Now this. In addition, probably three quarters of the community did not receive notice of this meeting. At the far end of the site there is Palm Desert National Bank, one story and they have no problem with it. The restaurant was also no problem. They did have a problem with the design, but they were concerned with the parking and overflow onto Caleo Bay. His home is 54 feet from the wall. Take a good look at site plans. He would recommend putting up balloons to look at the effect. 16. Mr. Stephanie Eichel, 47-995 Via Nice, stated she has sold most of the resales at Lake La Quinta and this project and she has to disclose the hotel and buyers do not want to buy. This will hurt their property values. There are other commercial options, such as a beauty salon, that would not be a three story hotel. 17. Mr. Larry Borses, 78-935 Via Trieste, did parking calculations for the restaurant and realized the parking would spill over onto the Caleo Bay. Now this project will add to that. Delivery trucks will be backed up onto Caleo Bay. No one calculated the number of �58 G:\WPDOCS\PC Minutes\4-23-02.wpd 6 Planning Commission Minutes April 23, 2002 persons delivering as well as attending or working at this project. This is what he is concerned about. 18. There being no further public comment, Chairman Abels closed the public participation portion of the public hearing and opened the matter for Commission discussion. 19. Commissioner Tyler stated he appreciated the public comment In regard to this parcel of land, the residents of Lake La Quinta have known since the beginning that it was designated as a commercial site. If no one knew this, it is an issue with your realtor. In regard to the water runoff, this is an issue that was addressed when the specific plan was approved. Research was done at that time and it was designed to have the drainage from the entire project drain into the lake. It was designed for this purpose. As far as parking, it should be looked look at again. The issue of parking on Caleo Bay, staff has stated there will be no parking allowed on Caleo Bay. Children should not be playing on public streets so parents would not have to be concerned about traffic on Caleo Bay. He too was concerned about the line of sight as to where the three story part of the building would be facing Caleo Bay, but at the moment that is undeveloped property. As to the affect on the property on Caleo Bay, between Avenue 48 and Via Florence, the sight line is useful. In regard to the sight line, it works both ways. If you cannot see the building, they cannot see you. As to the traffic, all the projects proposed and developed so far have taken access off Caleo Bay. Now, some entry will be allowed off Washington Street which will help. Realistically this property will be developed. 20. City Attorney John Ramirez interrupted by informing the public that the public comment period has been closed and this is the time for the Commission to deliberate. This is a public forum and if everyone could be polite, it would be appreciated by both the Commission and staff. 21. Commissioner Butler noted he had taken notes on the comments that were made by those who spoke and a lot of issues were raised. We all suffer with the growth of the community. We are ruling on what is allowed for this site. He asked staff to explain how the water from this project would drain into the lake. Senior Engineer Steve Speer stated the Spanos Corporation was the - 297 original developer of the site and the lake was made the major G:\WPDOCS\PC Minutes\4-23-02.wpd 7 u 5 3 Planning Commission Minutes April 23, 2002 drainage source for the entire specific plan site. Commissioner Butler asked if the sight line could be done in reverse. Can the residents of the hotel see into the Lake La Quinta property owners backyard? Should mitigation measures be placed on the development to deter the view. 22. Commissioner Kirk stated the Commission is trying to realize the impact on the property owners as well as the owners of the project. This overall is a good project. There are some issues to address. Most can or have been addressed. He would like to ask the applicant what the height of the wall was for the sight line study. Mr. Bishop stated the hedges they measured were approximately nine feet above the 30 inch wall on the back side of the walkway on the east side of Caleo Bay. He took a separate sight line eliminating the height of the existing shrubbery and lowering the sight line to the top of the six foot wall that is in the backyard of all the houses and you still cannot see the building. Because the street curves and because there is a lot of vacant land to the north, they took the worst case scenario. There are no balconies facing Caleo Bay except for three that face vacant property. There is a 30-inch retaining wall at the back side of the sidewalk and four feet back from that there is a six foot wall. So from the back of the sidewalk on the east side of Caleo Bay to the top of the wall is approximately nine feet. Commissioner Kirk stated that they would be affected while walking whether or not it was a one story or three story building. What has impressed him is that this is one of the best looking Residence Inn he has seen. Rarely do we have applicants who will vary their rooflines. This has a lot of visual interest compared to what could be a blank wall of a supermarket or drugstore. Parking is a concern for this project and generally projects are over parked. He would suggest the access along Washington Street should be a shared access. Also, he would recommend a driveway access along the northern and southern perimeter. Low scale lighting should be applauded with the ten foot high light standards. 23. Commissioner Tyler asked the location of the windows on Caleo Bay. Mr. Bishop indicated there is one bedroom window and indicated how they would block the view into the neighborhood. 24. Commissioner Tyler asked what the setback was for the first 298 G:\WPDOCS\PC Minutes\4-23-02.wpd 8 G 6 0 Planning Commission Minutes April 23, 2002 building. Staff stated the building setback is 80 feet back from Washington Street. Community Development Director Jerry Herman stated the previously approved two story Eisenhower medical facility was 35-36 feet in height. 25. There being no further discussion, it was moved and seconded by Commissioners Kirk/Tyler to adopt Planning Commission Resolution 2002-037 certifying Environmental Assessment 2002- 445, as recommended. ROLL CALL: AYES: Commissioners Abels. NOES: None. ABSTAIN: None. Butler, Kirk, Tyler, and Chairman ABSENT: Commissioner Robbins. 26. It was moved and seconded by Commissioners Kirk/Butler to adopt Planning Commission Resolution 2002-038 approving Conditional Use Permit 2002-068, as recommended. ROLL CALL: AYES: Commissioners Butler, Kirk, Tyler, and Chairman Abels. NOES: None. ABSENT: Commissioner Robbins. ABSTAIN: None. 27. It was moved and seconded by Commissioners Kirk/Tyler to adopt Planning Commission Resolution 2002-039 approving Site Development Permit 2002-733, as amended: a. The access along Washington. Street shall be a shared access off Washington and reciprocal access to the northern and southern properties b. Low scale lighting shall be used with ten foot high light standards. ROLL CALL: AYES: Commissioners Butler, Kirk, Tyler, and Chairman Abels. NOES: None. ABSENT: Commissioner Robbins. ABSTAIN: None. Chairman Abels recessed the meeting at 8:43 p.m. and reconvened at 8:49 p.m. VII. BUSINESS ITEMS: G:\WPDOCS\PC Minutes\4-23-02.wpd 9 299 U61. Planning Commission Minutes April 23, 2002 A. Site Development Permit 2002-735; a request of Peter and Marie Andriet for compatibility review of architectural and landscaping plans for a one story single family residence on approximately 0.2 acres located at 47- 300 Via Ravenna, south of Dulce Del Mar within Lake La Quinta 1. Chairman Abels asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Abels asked if there were any questions of staff. None. 3. There being no questions of staff, Chairman Abels asked if the applicant would like to address the Commission. Mr. Frank Moreno, architect for Peter Andriet stated he was available for questions. 4. Commissioner Butler asked if this had been approved by the homeowners' association. Applicant stated yes. 5. There being no further questions of the applicant and no other public comment, Chairman Abels open the matter for Commission discussion. 6. There being no further discussion, it was moved and seconded by Commissioners Tyler/Kirk to adopt Resolution 2002-040, approving Site Development Permit 2002-735, as recommended. ROLL CALL: AYES: Commissioners Butler, Kirk, Tyler, and Chairman Abels. NOES: None. ABSENT: Commissioner Robbins. ABSTAIN: None. B. Sign Application 2002-613; a request of JDD, LLC, for consideration of an amendment to the sign program for La Quinta Court. 1. Chairman Abels asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Abels asked if there were any questions of staff. 300 L'62 G:\WPDOCS\PC Minutes\4-23-02.wpd 10 f ATTACHMENT #3 DATE: CASE NO: APPLICANT/ PROPERTY OWNER: STAFF REPORT PLANNING COMMISSION APRIL 23, 2002 ENVIRONMENTAL ASSESSMENT 2002-445, CONDITIONAL USE PERMIT 2002-068, SITE DEVELOPMENT PERMIT 2002-733 SECO/SDC LLC/A. G. SPANOS CONSTRUCTION, INC. REQUEST: CERTIFICATION OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT; CONDITIONAL USE PERMIT TO ALLOW A 1-3 STORY, 120 ROOM HOTEL; AND REVIEW OF THE DEVELOPMENT PLANS FOR A 1-3 STORY, 120 ROOM HOTEL. LOCATION: EAST SIDE OF WASHINGTON STREET, APPROXIMATELY 315 FEET NORTH OF AVENUE 48. ENGINEER: WATSON & WATSON ENVIRONMENTAL CONSIDERATION: THE LA .QUINTA COMMUNITY DEVELOPMENT DEPARTMENT HAS COMPLETED ENVIRONMENTAL ASSESSMENT 2002-445. BASED UPON THIS ASSESSMENT, THE PROJECT WILL NOT HAVE A SIGNIFICANT ADVERSE EFFECT ON THE ENVIRONMENT; THEREFORE, A MITIGATED NEGATIVE DECLARATION IS RECOMMENDED. GENERAL PLAN/ ZONING DESIGNATIONS: COMMUNITY COMMERCIAL (CC)/REGIONAL COMMERCIAL (RC). PCstfrptmarriott.wpd-M M Page 1 of 6 301 u63 PLANNING COMMISSION STAFF REPORT EA 2002-445/CUP 2002-068/SDP 2002-733 APRIL 23, 2002 BACKGROUND: The proposed project site is currently vacant, undeveloped land, approximately 3.89 acres in size (Attachment 1). The site is bounded by vacant land to the north and south, Caleo Bay and the existing residential development (Lake La Quinta) to the east, and Washington Street and the La Quinta Arts Foundation to the west. The site is designated as Community Commercial (CC) on the General Plan Land Use Map and zoned Regional Commercial (CR) on the Zoning Map. Existing vegetation includes the Sonoran creosote bush scrub species which includes creosote bush, brittlebush and burrobush. The site is relatively flat with elevations ranging from 60 feet to 62 feet, then back to 60 feet, from the northeast to the southwest over a distance of approximately 460 feet. Existing streets include Washington Street to the west and Caleo Bay to the east. Washington Street is designated in the General Plan as a Major Arterial with a 120 foot wide right-of-way. Currently, Washington Street is a four -lane divided street and is improved along the western project boundary with a curb, gutter, meandering walkway and landscaping. Caleo Bay is designated in the General Plan as a Local Street with an 60 foot wide right-of-way. Caleo Bay is currently a two-lane undivided roadway and is improved along the eastern project boundary with a curb, gutter and sidewalk. The intersection of Washington Street and Avenue 48 is currently a three- way signalized intersection. A bus turn out currently exists on the east side of Washington Street immediately in front of the site. Existing storm drains exist along the eastern boundary on Caleo Bay and drain into Lake La Quinta. PROJECT PROPOSAL: City staff originally was proposing to initiate a Zone Change for this property from Regional Commercial (CR) to Community Commercial (CC) to provide consistency with the General Plan Update. The site was designated as Mixed/Regional Commercial (M/RC) on the General Plan Land Use Map. The General Plan Update which was adopted by the City Council on March 20, 2002, re -designated this property to Community Commercial (CC), resulting in the needed Zone Change. However, City staff has decided to wait to bring all proposed Zone Changes to the Planning PCstfrptmarriott.wpd-MM Page 2 of 6 n n 2- u64 � � 1 PLANNING COMMISSION STAFF REPORT EA 2002-445/CUP 2002-068/SDP 2002-733 APRIL 23, 2002 Commission at a later time. Therefore, staff is withdrawing this application at this time. The applicant proposes to construct a 120 room, 1-3 story hotel with a meeting room, office space, recreational amenities including a swimming pool, two spas, a sports court, and an exercise room. The hotel is also proposed to have extensive landscaping and 132 parking spaces on site (Attachment 2). A total of three buildings are proposed (Attachment 3). The main lobby building is 1-2 stories with a maximum height of twenty-two feet and includes the lobby, a small retail shop, kitchen facilities, garden and hearth rooms, office space, an employees area, a meeting room, rest rooms, an exercise room, and storage area. The main lobby building is a Tuscan style structure consisting of stone veneer, stucco elements and a combination of pitched tile and flat roofs reminiscent of northern Italy. The main lobby is approximately 9,310 square feet in size and has a pitched tile gable roof supported by semi -square shaped stone veneer columns. Stucco walls extend to each side of the lobby area with flat roofs. A combination of these materials are included on all sides of the building. Windows and doors add interest by using square and rectangular shaped glass on all sides. The offices are offset and aluminum canopies over smooth shaped columns are provided which helps break up the building mass. The other two buildings that encompass the hotel rooms are.one and three stories and range from 22 feet to 36 feet-3 inches in height. The maximum allowable building height in the Community Commercial zoning district is 40 feet. However, the City has a 150 foot setback and a 22 foot height restriction for buildings located along Major Arterials. This height restriction reduces the project's building mass along Washington Street. The buildings are also reduced in height towards the rear of the property. These structures are proposed with a variety of the same architectural features as the main lobby building. In addition, balconies are interspersed throughout the two buildings with projections and are offset to break up the massing of the building. The balconies are proposed to have aluminum railings with overhead canopies supported by smooth round -shaped columns. A combination of pitched the gable and flat roofs is also interspersed throughout the buildings to help break up the massing. The buildings are proposed to be painted desert tone colors to accent and compliment the project. PCstfrptmarriott.wpd-M M Page 3 of 6 303 'v 6 J , r . PLANNING COMMISSION STAFF REPORT EA 2002-445/CUP 2002-068/SDP 2002-733 APRIL 23, 2002 The conceptual landscape plan for the site consists of a wide variety of trees including, Carob, Jacaranda, Mesquite, California Pepper, African Sumac, Bottle Tree, Queen and California palms among others (Attachment 4). Shrubs include Japanese Boxwood, Weeping Bottlebrush, Natal Plum, Gardenia, Hibiscus, Lantana, Bird of Paradise, and Oleander including others. The western frontage along Washington Street is currently landscaped with Date Palms, California Fan Palms, turf and a meandering walkway. The proposed landscaping will provide visual relief, compliment the buildings and provide an overall design that is prevalent throughout the City. The front and rear areas of the lobby building are proposed to have decorative paving. Meandering walkways are proposed throughout the common areas which provide access to the swimming pool, spas and lobby building. Access and Parking Vehicular access is provided near the southwest and northeast corners of the site on Washington Street and Caleo Bay, respectively, by undivided two-way driveways 28 feet wide minimum. Interior vehicle circulation is provided by a two-way loop driveway a minimum of 26 feet wide. Parking areas are proposed along the interior perimeter boundary on all sides of the loop driveway. Section 9.150.060 of the Zoning Code requires 1 .1 spaces per unit. With 120 units proposed the total required parking is 132, which are provided. Exterior Parking Lot Lighting The project will be conditioned to provide low pressure sodium lighting in order to reduce lighting glare onto adjacent properties. Lighting fixtures are Infrastructure and Public Services Infrastructure improvements exist adjacent to the site which can be utilized to provide adequate urban services to support the project. PCstfrptmarriott.wpd-M M Page 4 of 6 304 - J - 066 PLANNING COMMISSION STAFF REPORT EA 2002-445/CUP 2002-068/SDP 2002-733 APRIL 23, 2002 Architecture and Landscaping Review Committee (ALRC) At the April 3, 2002, ALRC meeting one of the Committee members was absent and another lives within 500 feet of the project site. Therefore, no recommendations are being forwarded to the Planning Commission. Public Notice: This project was advertised in the Desert Sun newspaper on April 11, 2002, and mailed to all property owners within 500-feet of the site. To date, three letters have been received from adjacent property owners and are attached. Any additional written comments received will be handed out at the meeting. Public Agency Review: A copy of this request has been sent to all applicable public agencies and City Departments. All written comments received are on file with the Community Development Department. Applicable comments received from public agencies and City Departments have been included in the recommended Conditions of Approval. STATEMENT OF MANDATORY FINDINGS: Findings to approve EA 2002-445; and CUP 2002-068 and SDP 2002-733 pursuant to Sections 9.210.010 and 9.210.020, respectively, of the City of La Quinta Zoning Code can be made and are contained in the attached Resolutions. RECOMMENDATION: 1. Adopt Planning Commission Resolution 2002-_, certifying a Mitigated Negative Declaration of Environmental Impact (EA 2002-445) pursuant to the findings set forth in the attached Resolution; 2. Adopt Planning Commission Resolution 2002-_, approving CUP 2002-068, subject to findings and conditions; and 3. Adopt Planning Commission Resolution 2002-_, approving SDP 2002-733, subject to findings and conditions. PCstf rptmarriott. wpd-M M Page 5 of 6 305 067 PLANNING COMMISSION STAFF REPORT EA 2002-445/CUP 2002-068/SDP 2002-733 APRIL 23, 2002 Attachments:. 1. Site Location Map 2. Site Plan 3. Elevations 4. Conceptual Landscape Plan 5. �etters Prepared by: Martin Magana Associate Planner PCstfrptmarriott. wpd-M M Page 6 of 6 306 068 PLANNING COMMISSION RESOLUTION 2002- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2002-445 PREPARED FOR CONDITIONAL USE PERMIT 2002-068 AND SITE DEVELOPMENT PERMIT 2002-733. CASE NO.: ENVIRONMENTAL ASSESSMENT 2002-445 APPLICANT: SECO/SDC, LLC WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 23rd day of April, 2002 hold a duly noticed Public Hearing to consider Environmental Assessment 2002-445 for Conditional Use Permit 2002-068 and Site Development Permit 2002-733 to allow a one to three story, 120 room hotel, generally located east of Washington Street between Lake La Quinta Drive and Avenue 48, more particularly described as follows: APNs: 643-200-002 & 003, WHEREAS, said Environmental Assessment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared an Initial Study (EA 2002-445) and has determined that although the proposed project could have a significant adverse impact on the environment, there would not be a significant effect in this case because appropriate mitigation measures were made a part of the assessment and included in the conditions of approval for Conditional Use Permit 2002-068 and Site Development Permit 2002-733, and therefore, a Mitigated Negative Declaration of Environmental Impact should be filed; and, WHEREAS, 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 findings to justify certifying said Environmental Assessment: 1. The proposed project will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant unmitigated impacts were identified by Environmental Assessment 2002-445. 2. The proposed project will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal 307 P:\Martin\Marriott\PC Reso EA 02-445.wpd 069 PLANNING COMMISSION RESOLUTION 2002- ENVIRONMENTAL ASSESSMENT 2002-445 APRIL 23, 2002 community, reduce the number or restrict the range of rare or endangered plants or animals or eliminate important examples of the major periods of California history or prehistory. 3. There is no evidence before the City that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends in that mitigation measures are imposed on the project that will reduce impacts to less than significant levels. i 4. The proposed project does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as no significant effects on environmental factors have been identified by the Environmental Assessment. 5. The proposed project will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity, as development patterns in the area will not be significantly affected by the proposed project. 6. The proposed project will not have environmental effects that will adversely affect the human population, either directly or indirectly, as no significant impacts have been identified which would affect human health, risk potential or public services. 7. There is no substantial evidence in light of the entire record that the project may have a significant effect on the environment in that mitigation measures are imposed on the project that will reduce impacts to a less than significant level. 8. The Planning Commission has considered Environmental Assessment 2002-445 and said Assessment reflects the independent judgement of the City. 9. The City has, on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 CAL Code Regulations 753.5(d). 10. The location and custodian of the City's records relating to this project is the Community Development Department located at 78-495 Calle Tampico, La Quinta, California, 92253. 308 P:\Martin\Marriott\PC Reso EA 02-445.wpd 070 PLANNING COMMISSION RESOLUTION 2002- ENVIRONMENTAL ASSESSMENT 2002-445 APRIL 23, 2002 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 the Planning Commission for this Environmental Assessment. 2. That it does hereby certify Environmental Assessment 2002-445 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist and Addendum on file in the Community Development Department and attached hereto. 3. That Environmental Assessment 2002-445 reflects the independent judgement of the City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 23rd day of April, 2002, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JACQUES ABELS, Chairman City of La Quinta, California ATTEST: JERRY HERMAN Community Development Director City of La Quinta, California P:\Martin\Marriott\PC Reso EA 02-445.wpd 309 071. 1. 2. 3. 4. 0 • Environmental Checklist Form Project Title: Conditional Use Permit 2002-068 and Site Development Permit 2002-733, Marriott Residence Inn. Lead Agency Name and Address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Contact Person and Phone Number: Martin Magaria, 760-777-7125 Project Location: East side of Washington Street, approximately 400 feet north of Avenue 48. 5. Project Sponsor's Name and Address: SECO/SDC LLC 55550 Riviera Drive La Quinta, CA 92253 6. General Plan Designation: Community Commercial 7. Zoning: Current: Regional Commercial 8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) Conditional Use Permit for Hotel use. Site Development Permit to allow the construction of a 3 story, 120 room hotel on 3.89 acre site. Site has been previously graded, and street parkway treatments have been previously installed. The hotel will include a separate lobby building with limited office, meeting and public activity areas, as well as a pool and parking. 9. Surrounding Land Uses and Setting: Briefly describe the project's surroundings. North: Vacant desert lands South: Vacant desert lands West: La Quinta Arts Foundation East: Lake La Quinta low density residential 10. Other agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) Not applicable 310 P:\Martin\Marriott\Checklist.WPD 072 1 Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Agriculture Resources Air Quality Biological Resources Cultural Resources Geology and Soils Hazards and Hazardous Materials Hydrology and Water Quality Land Use Planning Mineral Resources Noise Population and Housing Public Services Recreation Transportation/Traffic Utilities and Service Systems LJ Mandatory Findings Determination (To be completed by the Lead Agency.) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared K I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the applicant. A MITIGATED NEGATIVE DECLARATION will be prepared. 70 I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. u I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as desclibed on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. (1 /,az 311 Signature D t J P:\Martin\Marriott\Checklist.WPD 073 7 3 o ll Evaluation of Environmental Impacts: 1.) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the reference information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2) All answers must take account of the whole action involved, including off -site as well as on - site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVIII, "Earlier Analysis," may be cross-referenced). 5) Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analysis are discussed in Section XVIII at the end of the checklist. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) The analysis of each issue should identify: a) the significance criteria or threshold used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance 31^ P:\Martin\Marriott\Cheokiist.WPD 074 • Issues (and Supporting Information Sources): Would the proposal result in potential impacts involving: I. AESTHETICS: Would the project: a) Have a substantial adverse effect on a scenic vista'? (General Plan EIR p. III-159 ff.) b) Damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (General Plan EIR p. III-159 ff.) c) Substantially degrade the existing visual character or quality of the site and its surroundings? (Application materials) d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? (Application materials) H. AGRICULTURAL RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model prepared by the California Dept. Of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland) to non-agricultural use? (General Plan EIR p. III-21 ff.) b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (Zoning Map) c) Involve other changes in the existing environment which, due to their location or nature, could individually or cumulatively result in loss of Farmland, to non-agricultural use? (Aerial photographs) III. AIR QUALITY: Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable Air Quality Attainment Plan or Congestion Management Plan? (SCAQMD CEQA Handbook) b) Violate any stationary source air quality standard or contribute to an existing or projected air quality violation? (SCAQMD CEQA Handbook) c) Result in a net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (SCAQMD CEQA Handbook) d) Expose sensitive receptors to substantial pollutant concentrations? (Project Description) Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact 1' ►0 X X 941 ON FN 94 X X X P:\Martin\Marriott\Checklist.WPD 3 4 V 03 • • Issues (and Supporting Information Sources) (cont.): e) Create objectionable odors affecting a substantial number of people? (Project Description) IV. BIOLOGICAL RESOURCES: Would the project: a) Have a substantial adverse impact, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? (Master Environmental Assessment p. 73 ff.) b) Have a substantial adverse impact on any riparian habitat or other sensitise natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? (Master Environmental Assessment p. 73 ff.) c) Adversely impact federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) Either individually or in combination with the known or probable impacts of other activities through direct removal, filling, hydrological interruption, or other means? (Master Environmental Assessment p. 73 ff.) d) Interfere substantially with the movement of any resident or migratory fish or wildlife species or with established resident or migratory wildlife corridors, or impede the use of wildlife nursery sites'? (Master Environmental Assessment p. 73 ff.) e) Conflict with any local policies or ordinances protecting biological resources such as a tree preservation policy or ordinance? (La Quinta Municipal Code; General Plan) f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Conservation Community Plan, or other approved local, regional, or state habitat conservation plan? (Master Environmental Assessment p. 73 ff.) V. CULTURAL RESOURCES: Would the project: a) Cause a substantial adverse change in the significance of a historical resource which is either listed or eligible for listing on the National Register of Historic Places, the California Register of Historic Resources, or a local register of historic resources? b) Cause a substantial adverse change in the significance of a unique archaeological resources (i.e., an artifact, object, or site about which it can be clearly demonstrated that, without merely adding to the current body of knowledge, there is a high probability that it contains information needed to answer important scientific research questions, has a special and particular quality such as being the oldest or best available example of its type, or is directly associated with a scientifically recognized important prehistoric or historic event or person)? c) Disturb or destroy a unique paleontological resource or site'? (Master Environmental Assessment, Exhibit 5.9) P:\Martin\Marriott\Checklist.WPD Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact X X X X X X X X ro 9i 31 07 S' Issues (and Supporting Information Sources) (cont.): d) Disturb any human remains, including those interred outside of formal cemeteries? VI. GEOLOGY AND SOILS: Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (General Plan EIR p. III-61 ff.) ii) Strong seismic ground shaking? (General Plan EIR p. III-61 ff.) iii) Seismic -related ground failure, including liquefaction? (General Plan EIR p. III-61 ff.) iv) Landslides? (General Plan MEA p. 96 ff) b) Result in substantial soil erosion or the loss of topsoil'? (General Plan MEA P. 96 ff) c) Be located on a geological unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on - or off -site landslides, lateral spreading, subsidence, liquefaction or collapse? (General Plan MEA p. 96 ff) d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property'? (General Plan MEA p. 96 ff) e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal system where sewers are not available for the disposal of waste water? (General Plan MEA p. 96 ff) VII. HAZARDS AND HAZARDOUS MATERIALS: Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? (Application Materials) b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the likely release of hazardous materials into the environment? (Application Materials) c) Reasonably be anticipated to emit hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? (Application Materials) P:\Martin\Marriott\Checklist.WPD Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact X X X X X X X X X M X KI 315 077 Issues (and Supporting Information Sources) (cont.): d) Is the project located on a site which is included'on a list of hazardous materials sites complied pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (Riverside County Hazardous Materials Listing) e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) f) For a project within the vicinity of a private airstrip; would the project result in a safety hazard for people residing or working in the project larea? (General Plan land use map) g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? (General Plan MEA p. 94 ff) h) Expose people or structures to the risk of loss, injury or death involving wildlands fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (General Plan land use map) VHI. HYDROLOGY AND WATER QUALITY: Would the project: a) Violate Regional Water Quality Control Board water quality standards or waste discharge requirements? (General Plan EIR p. III- 87 ff.) b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted? (General Plan EIR p. III-87 ff.) c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? (General Plan EIR p. III-87 ff.) d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? (General Plan EIR p. III-87 ff.) e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems to control? (General Plan EIR p. III-87 ff.) f) Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map'? (Master Environmental Assessment Exhibit 6.5) Potentially Significant Impact Potentially Significant Unless Mitigated Less Than Significant Impact No Impact X X X X X g) Place within a 100-year floodplain structures which would impede or redirect flood flows? (Master Environmental Assessment Exhibit 6.5) P:\Martin\Marriott\Checklist.WPD X X X ►0 9! 91 X -316 078 Issues (anti Supporting Information Sources) (cont.): IX. LAND USE AND PLANNING: Would the project: a) Physically divide an established community? (Project Description) b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purposes of avoiding or mitigating an environmental effect'? (General Plan p. 18 ff.) c) Conflict with any applicable habitat conservation plan or natural communities conservation plan? (Master Environmental Assessment p. 73 ff.) X. MINERAL RESOURCES: Would the project: a) Result in the loss of availability of a known mineral resource classified MRZ-2 by the State Geologist that would be of value to the region and the residents of the state? (Master Environmental Assessment p. 71 ff.) b) Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (Master Environmental Assessment p. 71 ff.) XI. NOISE: Would the project result in: a) Exposure of persons to, or generation of, noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (General Plan MEA p. 110 ff.) b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? (General Plan MEA p. 110 ff.) c) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? (General Plan MEA p. 110 ff.) d) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (Master Environmental Assessment) e) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive levels? (General Plan land use map) Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact X VA X 04 X P. X 91 X M XH. POPULATION AND HOUSING: Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for X example, through extension of roads or other infrastructure)? (General Plan, p. 9 ff.) P:\Martin\Marriott\Checklist.WPD 079 • • / II XIV. XV. Issues (and Supporting Information Sources) (cont.): b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? (Application Materials) c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? (Application Materials) PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection'? (General Plan MEA, p. 46 ff.) Police protection? (General Plan MEA, p. 46 ff.) Schools'? (General Plan MEA, p. 46 ff.) Parks'? (General Plan; Recreation and Parks Master Plan) Other public facilities'? (General Plan MEA, p. 46 ff.) RECREATION: a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Application Materials) b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Application Materials) TRANSPORTATION/TRAFFIC: Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? (General Plan EIR, p. III-29 ff.) b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (General Plan EIR, p. III-29 ff.) c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks'? (General Plan EIR, p. III-29 ff.) P:\Martin\Marriott\Checklist.WPD 9 Potentially Significant Impact Potentially Significant Unless Mitigated Less Than Significant Impact No Impact X X /4 X M X X X -31U 080 Issues (and Supporting Information Sources) (cont.): d) Substantially increase hazards to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (General Plan EIR, p. III-29 ff.) e) Result in inadequate emergency access'? (Application Materials) f) Result in inadequate parking capacity? (Application Materials) g) Conflict with adopted policies supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Application Materials) XVI. UTILITIES AND SERVICE SYSTEMS: Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? (General Plan MEA, p. 46 ff.) b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects'? (General Plan MEA, p. 46 ff.) c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 46 ff.) d) Are sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed'? (General Plan MEA, p. 46 ff.) e) Has the wastewater treatment provider which serves or may serve the project determined that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? (General Plan MEA, p. 46 ff.) f) Is the project served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? (General Plan MEA, p. 46 ff.) XVII. MANDATORY FINDINGS OF SIGNIFICANCE: a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? Potentially Significant Impact Potentially Significant Unless Mitigated Less Than Significant Impact No Impact X X X X ►k X X ►94 94 X X 319 P:\Martin\Marriott\Checklist.WPD 10 0 Issues (and Supporting Information Sources) (cont.): c) Does the project have impacts that are individually limited, but cumulatively considerable? ( "Cumulatively considerable " means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current project, and the effects of probable future projects)? d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVIII EARLWR ANALYSIS. Potentially Significant Impact Potentially Significant Unless Mitigated Less Tlian Significant Impact No Impact X X Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets. a) Earlier analysis used. Identify earlier analysis and state where they are available for review. No earlier analysis were used in this review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Not applicable. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated, " describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. See attached Addendum. SOURCES: Master Environmental Assessment, City of La Quinta General Plan 2002. SCAQMD CEQA Handbook. General Plan, City of La Quinta, 2002. City of La Quinta Municipal Code P:\Martin\Marriott\Checklist.WPD 11 320 8,2 - Addendum for Environmental Assessment 2002-445 I.d) The proposed project will be constructed on a currently vacant site, and will therefore result in additional lighting. The City's lighting ordinance, however, requires that all lighting be contained within the site, so that there will be no impact to adjacent properties. Further, Lighting will occur primarily on the north and south boundaries, in areas which will eventually be developed for commercial projects. Only very limited lighting will occur on the eastern portion of the site, closest to existing single family development. The impacts from lighting generated at the proposed project site are expected to be less than significant. III. a) The proposed project will generate air pollution primarily from the operation of motor vehicles. The 120 hotel rooms could generate approximately 588 trips per day'. Based on this trip generation, the project at buildout will generate the following pollutants. Running Exhaust Emissions (pounds/day) PM 10 PM 10 PM 10 CO ROC NOx Exhaust Brakes Tires 50 mph 21.26 0.82 4.36 -- 0.09 0.09 Daily Threshold* 550 75 100 150 Based on 588 trips/day and average trip length of 7 miles, using EMFAC7G Model provided by California Air Resources Board. Assumes catalytic light autos at 75°F. * Operational thresholds provided by SCAQMD for assistance in determining the significance of a project and the need for an EIR. As demonstrated in the Table above, the proposed project will not exceed any threshold for the generation of moving emissions, as established by the South Coast Air Quality Management District in determining the need for an EIR. The impacts to air quality relating to chemical pollution are not expected to be significant. III. c) The Coachella Valley is a non -attainment area for PM10 (particulate matter of 10 microns or smaller). The construction of the proposed project has the potential to generate dust, which could contribute to the PM10 problem in the area. In order to 1 'Trip Generation, 6th Edition, " by Institute of Transportation Engineers. "All Suites Hotel" category (311 used. 321 083 P:\Martin\Marriott\Addendum.WPD 1 control PM10, the City has imposed standards and requirements on development to control dust. The applicant will be required to submit such a plan prior to initiation of any earth moving activity at the site. In addition, the potential impacts associated with PM10 can be mitigated by the mitigation measures below. 1. Construction equipment shall be properly maintained and serviced to minimize exhaust emissions. 2. Existing power sources should be utilized where feasible via temporary power poles to avoid on -site power generation. Q. Construction personnel shall be informed of ride sharing and transit opportunities. 4. Cut and fill quantities will be balanced on site. 5. Any portion of the site to be graded shall be pre -watered to a depth of three feet prior to the onset of grading activities. 6. Watering of the site or other soil stabilization method shall be employed on an on -going basis after the initiation of any grading activity on the site. Portions of the site that are actively being graded shall be watered regularly to ensure that a crust is formed on the ground surface, and shall be watered at the end of each work day. 7. Landscaped areas shall be installed as soon as possible to reduce the potential for wind erosion. Perimeter landscaping on Caleo Bay and the northern property line shall be installed with the construction of the first building. 8. SCAQMD Rule 403 shall be adhered to, insuring the clean up of construction -related dirt on approach routes to the site. 9. All grading activities shall be suspended during first and second stage ozone episodes or when winds exceed 25 miles per hour. With the implementation of these mitigation measures, the impacts to air quality from buildout will not be significant. IV. a) The proposed project is located within the required fee area for the Coachella Valley Fringed -toed lizard, and will be required to pay the mandated fee at the issuance of building permits. The payment of the fee will reduce the potential impacts to this species to a less than significant level. V. b) The site has been previously graded, and has a low potential for surficial 32 ^ 084 P:\Martin\Marriott\Addendum.WPD 2 archaeological resources. There is, however, a potential that buried resources do occur on the site which will not be uncovered until grading and excavation occurs. As a result, the following mitigation measure shall be required: 1. Should any earth moving activity on the site uncover a potential archaeological resource, all activity on the site shall stop until such time as a qualified archaeologist has evaluate the resource, and recommended mitigation measures. The archaeologist shall also be required to submit to the Community Development Department, for review and approval, a written report on all activities on the site prior to occupancy of the first building on the site. VI. a) i) & ii) The proposed project lies in a Zone III groundshaking zone. The property, as with the rest of the City, will be subject to significant ground movement in the event of a major earthquake. Structures on the site will be required to meet the City's standards for construction, which include Uniform Building Code requirements for seismic zones. The City Engineer will require the preparation of site -specific geotechnical analysis in conjunction with the submittal of grading plans. This requirement will ensure that impacts from ground shaking are reduced to a less than significant level. V1. b) The subject property is in a severe wind erosion hazard zone. Soils on the site which are not properly treated after disturbance are likely to be transported by winds in the area. The City will implement requirements for a PM10 management plan, and additional mitigation measures have been included in the Air Quality discussion above. These mitigation measures will reduce potential impacts to a less than significant level. Vlll.b) Domestic water is provided by the Coachella Valley Water District, which extracts groundwater from a number of wells in the Lower Thermal sub -basin. The project proponent will be required to implement the City's standards for water conserving plumbing fixtures and on -site retention, which both aid in reducing the potential impacts associated with groundwater. The proposed project will also meet the requirements of the City's water -conserving landscaping ordinance. These standards will reduce potential impacts to a less than significant level. VIII. c)&d) The proposed project will alter the drainage pattern in the area through grading and covering of soil with impermeable surfaces. The City requires that all construction projects retain the 100 year 24 hour storm on -site. This will control the amount of runoff which exits the site during a storm. The project's 3�3 085 PAMartin\Marriott\Addendum. WPD 3 a a drainage plan will be reviewed and approved by the City Engineer prior to the issuance of grading permits XI.a) The proposed project has a potential to impact sensitive receptors immediately east, in the Lake La Quinta project. The Lake La Quinta development occurs in an area which meets the City's noise standards. In addition the perimeter landscaping proposed within the proposed project, and an interior street separates the project from the residential development, creating added separation. A wall occurs on the western boundary of the Lake La Quinta project, which mitigates noise impacts also. Noise levels generated from the proposed project will not impact the noise environment in the area. XI. c) The construction of the proposed project has the potential to create temporary construction noise impacts on the residential units to the east. In order to mitigate these potential impacts, the project proponent shall implement the following mitigation measures: Xlll.a) 1. All internal combustion equipment operating within 500 feet of any occupied residential unit shall be fitted with properly operating mufflers and air intake silencers. 2. All stationary construction equipment (e.g. generators and compressors) shall be located in the northwest corner of the site. 3. Construction activities shall be limited to the hours prescribed in the La Quinta Municipal Code. 4. Construction staging areas shall be located as far from the eastern boundary of the project as possible. The proposed development will have a direct impact on public services and will be served by the County Sheriff and Fire Department, acting under City contract. Site development will generate property tax, transient occupancy tax, and a small amount of sales tax, which will offset the costs of added police and fire services. The project area will be required to pay the mandated school fees as development occurs. These fees mitigate the students generated, and offset the impacts to schools. The project will be required to participate in the City's Impact Fee Program, which helps to offset roadway improvement costs. Site development is not expected to have a significant impact on municipal 34 services or facilities. PAMartin\Marriott\Addendum.WPD 4 M O 0 0 0 N M 110 48 N O 0 0 0 N i M ,a. 0 t 0 i cam., 0 0 c� 0 Cd Cd O 00 b � Cd W 00 M M g . o x U A U W d F A U� �U OU U W b .d N�p U 0 0 N N U cd u a o a a a o .� bA o O bq 4-4 O � O VU� O O U U U U pp U V y N 0 0.o o a w� w oz Acd cn to 0 0 O N U U U W U A W 04 N O o >1 o 0 En 0 3 U +ILIcg a En a 4 N � •.. H 325" �g a .q � A b� \2 k� / oQ Q k .� K � § � \ U � 'R K� u / / k E2 / /2 � > � u _ z&00 o .§� U/ 0 / O ¢ Q 2@ � � ? �� 2 � 40.f 2 k A bq \� t� § oQ Q B � § § § B a A04 @ En 0 2 U § 0 0 0 2 En En § § / o u o 0 k �U 2 \ k k k 2 g g 22 o k� § Z / A d � � ƒ C n U E q / � � W � § 2 § / 0 U�� PLANNING COMMISSION RESOLUTION 2002- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A ONE TO THREE STORY, 120 UNIT HOTEL (MARRIOTT) ON A 3.89 ACRES SITE. CASE NO.: CONDITIONAL USE PERMIT 2002-068 APPLICANT: SECO/SDC, LLC WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 23rd day of April, 2002 hold a duly noticed Public Hearing to consider a request by SECO/SDC, LLC for approval of Conditional Use Permit 2002-068 to allow a one to three story, 120 room hotel, located on the east side of Washington Street between Lake La Quinta Drive and Avenue 48, more particularly described as follows: APNs: 643-200-002 & 003, WHEREAS, said Conditional Use Permit application has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-68), in that the Community Development Department has conducted an Initial Study (Environmental Assessment 2002-445), and determined that the proposed Conditional Use Permit will not have a significant impact on the environment and a Mitigated Negative Declaration of Environmental Impact has been certified; 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 Zoning Code to justify approval of said Conditional Use Permit: 1. Consistency with the General Plan: The proposed project is consistent with the goals and policies of the General Plan in that the design, height, scale and mass of the project is compatible with the Community Commercial Land Use designation. 2. Consistency with the Zoning Code: The proposed project is consistent with the development standards of the Regional Commercial Zoning District, including but not limited to, building heights, setbacks, parking, landscape design, and exterior lighting. 3. Compliance with the California Environmental Quality Act (CEQA): The proposed project is consistent with the requirements of CEQA, in that Environmental Assessment 2002-445 was prepared for this project with a recommendation for certification of a Mitigated Negative Declaration of PAMartin\Marriott\PC Reso CUP 02-068.wpd .7659 PLANNING COMMISSION RESOLUTION 2002- CONDITIONAL USE PERMIT 2002-068 APRIL 23, 2002 Environmental Impact. 4. Surrounding Uses: Approval of the Conditional Use Permit 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 in that the proposed project will be compatible with existing and proposed development with regard to commercial uses. 5. Architectural Design: The architectural design of the proposed building, including but not limited to, architectural style, scale, building mass, materials, colors, architectural details, roof style, and other architectural elements, is compatible with surrounding development and with the quality of design prevalent in the City, in that it lacks the bulky mass of a commercial building due to the articulation, stucco exterior finish, desert tone colors, tile roofs, flat roofs, and trellises; the proposed building is adequately set back with multiple wall planes so as to minimize the appearance of a large structural mass. 6. Site Design: The site design of the proposed project, including but not limited to, project entries, interior circulation, pedestrian access, pedestrian amenities, screening of equipment, trash enclosures, exterior lighting, and other site design elements such as scale, mass, appearance, and amount of landscaping are compatible with surrounding development and quality of design prevalent in the City in that the project meets the development standards imposed by the City's Zoning Code. 6. Landscape Design: As conditioned, the landscaping of the proposed project, including but not limited to, the location, type, size, color, texture, and coverage of plant materials, has been designed to provide visual relief, complement the building, visually emphasize prominent design elements, screen undesirable views, provide a harmonious transition between buildings, and provide an overall unifying influence to enhance the visual continuity of the project. The proposed landscaping is compatible with the surrounding area in that the variety of the plant palette, placement of shade trees and decorative plants, provide an aesthetically pleasing and well functioning use of landscaping space. 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 the Planning Commission for this Conditional Use Permit; 3'3 P:\Martin\Marriott\PC Reso CUP 02-068.wpd fl • • PLANNING COMMISSION RESOLUTION 2002- CONDITIONAL USE PERMIT 2002-068 APRIL 23, 2002 2. That it does hereby approve Conditional Use Permit 2002-068 for the reasons set forth in this Resolution, subject to the Conditions of Approval attached hereto; PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 23rd day of April, 2002, by the following vote, to wit: R AYES: NOES: ABSENT: ABSTAIN: JACQUES ABELS, Chairman City of La Quinta, California ATTEST: JERRY HERMAN Community Development Director City of La Quinta, California 3Z9 P:\Martin\Marriott\PC Reso CUP 02-068.wpd U 91 PLANNING COMMISSION RESOLUTION 2002- CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2002-068 APRIL 23, 2002 W-a—&A � 1. The conditions of approval for this Conditional Use Permit (CUP 2002-068) are binding with the conditions of approval of Site Development Permit (SDP 2002-733) for the same project. 2. All public agency letters received for this case are made part of the case file documents for plan checking processes. 3. Approval of this Conditional Use Permit is subject to compliance with Section 9.210.020 of the Zoning Code, as applicable. 4. The approved Conditional Use Permit shall be used within two years of approval, otherwise, it shall become null and void and of no effect whatsoever. "Used" means the issuance of a building permit. A time extension may be requested as permitted in Municipal Code Section 9.200.080 (D). 5. 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 counsel. The City shall promptly notify the developer of any claim, action or proceeding and shall cooperate fully in the defense. 6. Development of this site shall be in conformance with the Exhibits approved and contained in the files for Conditional Use Permit 2002-068 and Site Development Permit 2002-733. 330 092 P:\Martin\Marriott\PCCUPCOA.wpd Page 1 of 1 PLANNING COMMISSION RESOLUTION 2002- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING DEVELOPMENT PLANS TO ALLOW A ONE TO THREE STORY, 120 UNIT HOTEL (MARRIOTT) ON A 3.89 ACRE SITE. CASE NO.: SITE DEVELOPMENT PERMIT 2002-733 APPLICANT: SECO/SDC, LLC i WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 23rd day of April, 2002 hold a duly noticed Public Hearing to consider a request by SECO/SDC, LLC for approval of a one to three story, 120 room hotel, generally located on the east side of Washington Street between Lake La Quinta Drive and Avenue 48, more particularly described as follows: APNs: 643-200-002 & 003, WHEREAS, said Site Development Permit application has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-68), in that the Community Development Department has conducted an Initial Study (Environmental Assessment 2002-445), and determined that the proposed Site Development Permit will not have a significant impact on the environment and a Mitigated Negative Declaration of Environmental Impact has been certified; and 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 Zoning Code to justify approval of said Site Development Permit: 1. Consistency with the General Plan: The proposed project as proposed is consistent with the goals and policies of the General Plan in that the design, height, scale and mass of the project is compatible with the Community Commercial Land Use designation. 2. Consistency with the Zoning Code: The proposed project is consistent with the development standards of the Regional Commercial Zoning District, including but not limited to, setbacks, architecture, building heights, building mass, exterior lighting, parking, circulation, open space and landscaping. P:\Martin\Marriott\PC Reso SDP 02-733.wpd 331 03 PLANNING COMMISSION RESOLUTION 2002- SITE DEVELOPMENT PERMIT 2002-733 APRIL 23, 2002 3. Compliance with the California Environmental Quality Act (CEQA): The proposed project is consistent with the requirements of CEQA, in that Environmental Assessment 2002-445 was prepared for this project with a recommendation for certification of a Mitigated Negative Declaration of Environmental Impact. 4. Architectural Design: The architectural design of the proposed building, including but not limited to, architectural style, scale, building mass, materials, colors, architectural details, roof style, and other architectural elements, is compatible with surrounding development and with the quality of design prevalent in the City, in that it lacks the bulky mass of a commercial building due to the articulation, stucco exterior finish, desert tone colors, tile roofs, flat roofs, and trellises; the proposed building is adequately set back with multiple wall planes so as to minimize the appearance of a large structural mass. 5. Site Design: The site design of the proposed project, including but not limited to, project entries, interior circulation, pedestrian access, pedestrian amenities, screening of equipment, trash enclosures, exterior lighting, and other site design elements such as scale, mass, appearance, and amount of landscaping are compatible with surrounding development and quality of design prevalent in the City in that the proposed project meets the development standards of the City's Zoning Code. 6. Landscape Design: As conditioned, landscaping plan for the proposed project, including but not limited to, the location, type, size, color, texture, and coverage of plant materials, has been designed to provide visual relief, complement the building, visually emphasize prominent design elements, screen undesirable views, provide a harmonious transition between buildings, and provide an overall unifying influence to enhance the visual continuity of the project. The proposed landscaping is compatible with the surrounding area in that the variety of the plant palette, placement of shade trees and decorative plants, provide an aesthetically pleasing and well functioning use of landscaping space. 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 the Planning Commission for this Site Development Permit; P:\Martin\Marriott\PC Reso SDP 02-733.wpd 094 PLANNING COMMISSION RESOLUTION 2002- SITE DEVELOPMENT PERMIT 2002-733 APRIL 23, 2002 2. That it does hereby approve Site Development Permit 2002-733 for the reasons set forth in this Resolution, subject to the Conditions of Approval attached hereto; PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 23rd day of April, 2002, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JACQUES ABELS, Chairman City of La Quinta, California ATTEST: JERRY HERMAN Community Development Director City of La Quinta, California u9a P:\Martin\Marriott\PC Reso SDP 02-733.wpd PLANNING COMMISSION RESOLUTION 02- CONDITIONS OF APPROVAL SITE DEVELOPMENT PERMIT 2002-733 APRIL 23, 2002 GENERAL 1. The conditions of approval for this Site Development Permit (SDP 2002-733) are binding with the conditions of approval for Conditional Use Permit (CUP 2002-068) for the same project. 2. The use of this site shall be in conformance with the approved exhibits contained in Site Development Permit 2002-733 unless otherwise amended by the following conditions. 3. All public agency letters received for this case are made part of the case file documents for plan checking processes. 4. The approved Site Development Permit shall be used within two years of approval, otherwise, it shall become null and void and of no effect whatsoever. "Used" means the issuance of a building permit. A time extension may be requested as permitted in Municipal Code Section 9.200.080 (D). 5. 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 Site Development Permit. 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. 6. 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, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency 334 P:\Martin\Marriott\PCSOPCOA.wpd Page 1 of 13 PLANNING COMMISSION RESOLUTION 02- CONDITIONS OF APPROVAL SITE DEVELOPMENT PERMIT 2002-733 APRIL 23, 2002 The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, applicant shall furnish proof of such approvals when submitting the improvement plans for City approval. 7. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08-DWQ . A. For construction activities including clearing, grading or excavation of land that disturbs five (5) acres or more of land, or that disturbs less than five (5) acres of land, but which is a part of a construction project that encompasses more than five (5) acres of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). 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 Site Development Permit. 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 Practice ("BMPs"), 8.70.020 (Definitions), LQMC: 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. E. All of applicant's erosion and sediment control BMPs shall be approved by the City Engineer prior to any on or off site grading being done in relation to this project. F. All approved project BMPs shall be maintained in their proper working order throughout the course of construction, and until all improvements have been accepted by the City. U 9�3 5 P:\Martin\Marriott\PCSDPCOA.wpd Page 2 of 13 PLANNING COMMISSION RESOLUTION 02- CONDITIONS OF APPROVAL SITE DEVELOPMENT PERMIT 2002-733 APRIL 23, 2002 8. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). , 9. The applicant shall comply with all mitigation measures included in the Mitigation Monitoring Program for the project. PROPERTY RIGHTS 10. Prior to the issuance of any permit(s), the applicant shall acquire, or confer, those easements, and other property rights necessary for the construction and/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 the maintenance, construction and reconstruction of essential improvements. 1 1. 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. 12. Unless the ultimate developed right-of-way can be documented, the public street right- of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) None - All off site street dedication is in place. 13. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. 14. The applicant shall create perimeter landscaping setbacks along all public right-of-ways as follows: A. Washington Street - None - Landscape Setbacks have been dedicated. B. Caleo Bay - 10 feet from the Right of Way/Property Line. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes. q0A P:\Martin\Marriott\PCSDPCOA.wpd Page 3 of 13 PLANNING COMMISSION RESOLUTION 02- CONDITIONS OF APPROVAL SITE DEVELOPMENT PERMIT 2002-733 APRIL 23, 2002 15. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas shown on the Site Development Permit. 16. The applicant shall vacate all abutter's right -of -access to public streets and properties from all frontages along such public streets and properties, excepting those access points shown on the Site Development Permit. I 17. The iapplicant 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, ingress/egress, or other encroachments will occur. 18. When an applicant proposes the vacation, or abandonment, any existing right-of-way, or access easement, which will diminish the access rights to any properties owned by others, the applicant shall provide an alternate right-of-way or access easement, to those properties, or shall submit notarized letters of consent from the affected property owners. 19. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of this Site Development Permit and the date of final acceptance of the on and off -site improvements for this Site Development Permit, unless such easement is approved by the City Engineer. 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. 20. 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. 21. The following improvement plans shall be prepared and submitted for review and approval by the Engineering 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. 3 7 Uo P:\Martin\Marriott\PCSDPCOA.wpd Page 4 of 13 PLANNING COMMISSION RESOLUTION 02- CONDITIONS OF APPROVAL SITE DEVELOPMENT PERMIT 2002-733 APRIL 23, 2002 A. Perimeter Landscape Plan: 1 " = 20' B. On -Site Rough Grading Plan: 1 " = 40' Horizontal C. Site Development Plans: 1 " = 30' Horizontal D. On -Site Utility Plan: 1 " = 40' Horizontal E. On -Site Landscape Plan: 1 " = 20' Horizontal The plans shall be submitted a minimum of 8 to 10 weeks prior to the issuance of construction permits to allow adequate time for plan check and revisions. 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. "Site Development" 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 ADA requirements; and show the existing street improvements out to at least the center lines of adjacent existing streets. "Site Utility plans shall normally include all sub -surface improvements including but not necessarily limited to sewer lines, water lines, fire protection and storm drainage systems. "Rough Grading plans shall include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. 22. The City maintains standard plans, details and/or construction notes for elements of construction. For a fee, established by City resolution, the applicant may purchase such standard plans, detail sheets and/or construction notes from the City. 23. The applicant shall furnish a complete set of the AutoCAD files of all complete, approved improvement plans on a storage media acceptable to the City Engineer. The files shall be saved in a standard AutoCAD format so they may be fully retrievable through a basic AutoCAD program. At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the AutoCAD files in order to reflect the as -built conditions. 333 100 PAMartin\Marriott\PCSDPCOA.wpd Page 5 of 13 PLANNING COMMISSION RESOLUTION 02- CONDITIONS OF APPROVAL SITE DEVELOPMENT PERMIT 2002-733 APRIL 23, 2002 Where the improvement plans were not produced in a standard AutoCAD format, or a file format which can be converted to an AutoCAD format, the City Engineer will accept raster -image files of the plans. GRADING 24. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 25. 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. 26. 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 qualified engineer or architect,. B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, and C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16 (Fugitive Dust Control), LQMC. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions submitted with its application for a grading permit. 27. 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. 28. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape areas outside the right of way unless otherwise approved by the City Engineer. 29. The applicant shall reduce the pad height to an elevation not to exceed 61.0 unless it can be demonstrated that the subsurface storm drain system or parking lot grading will not accommodate the requested pad height. 3,19 111. P:\Martin\Marriott\PCSDPCOA.wpd Page 6 of 13 PLANNING COMMISSION RESOLUTION 02- CONDITIONS OF APPROVAL SITE DEVELOPMENT PERMIT 2002-733 APRIL 23, 2002 30. Prior to any site grading or regrading that will raise or lower any building pads within the project site by more than plus or minus three tenths of a foot from the elevations shown on the approved Site Development Permit, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 31. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. DRAINAGE 32. Stormwater shall be directed to the approved drainage system for Tract 24230/Tract 26152 (Lake La Quinta). Nuisance flows from the subject SDP 2002-733 shall be accommodated on site through an acceptable system. The applicant shall demonstrate that there is sufficient capacity in the existing system to accept the design run off from the proposed project. If the existing system is not capable to carry any or all of the developed run off from this development, the applicant shall retain the incremental difference on site. 33. 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 Section 9.100.040(B)(7), LQMC. 34. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 35. 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. 36. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 31 P:\Martin\Marriott\PCSDPCOA.wpd Page 7 of 13 PLANNING COMMISSION RESOLUTION 02- CONDITIONS OF APPROVAL SITE DEVELOPMENT PERMIT 2002-733 APRIL 23, 2002 UTILITIES 37. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 38. 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 e0sure optimum placement for practical and aesthetic purposes. 39. 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. PARKING LOTS and ACCESS POINTS 40. 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 qualified engineers. 41. The design of parking facilities shall conform to LQMC Chapter 9.150 (Parking). Entry drives, main interior circulation routes, corner cutbacks, bus turnouts, dedicated turn lanes and other features shown on the approved construction plans, may require additional street widths as may be determined by the City Engineer. 42. General access points and turning movements of traffic are limited to the following: A. Primary Entry (Washington Street) located just north of the south property line. This driveway shall be restricted to right in/right out turning movements, only. The applicant is advised that there is restricted access along Washington Street. The applicant shall submit the necessary legal descriptions and exhibits which clearly define the proposed access location and width. The vacation of the restricted access will be presented to the City Council for approval. 3 41. 1(13 P:\Martin\Marriott\PCSDPCOA.wpd Page 8 of 13 . I .. I 1 0 0 PLANNING COMMISSION RESOLUTION 02- CONDITIONS OF APPROVAL SITE DEVELOPMENT PERMIT 2002-733 APRIL 23, 2002 B. Secondary Entry (on Caleo Bay may be permitted) located at the northeastern corner of the parking drive isle. This driveway may have full right in/right out and left in/left out turning movements. The applicant shall re -stripe portions of Caleo Bay to accommodate the left turn lane at the driveway. Signing and striping plans which detail the left turn lane and centerline striping shall be submitted to the Engineering Department for approval. 43. Pursuant to Section 9.150.080(A)(8)(b) (Parking), LQMC, the applicant shall provide 30-foot uninterrupted driveway throats into the parking lot, or alternatively provide a combination of a dedicated right turn deceleration lane and the drive throat that will equal a total of 30-feet. CONSTRUCTION 44. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphaltic concrete and Portland cement concrete. The submittal shall include the test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include the most recent (less than six months old at the time of construction) aggregate gradation test results confirming that the design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs have been approved. 45. 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. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. LANDSCAPING 46. The perimeter landscaping for the project shall be consistent with what is existing in the immediate area. 47. The applicant shall comply with Sections 9.90.040 (Table of Development Standards) & 9.100.040 (Landscaping), LQMC. 3 43 1 olI P:\Martin\Marriott\PCSDPCOA.wpd Page 9 of 13 PLANNING COMMISSION RESOLUTION 02- CONDITIONS OF APPROVAL SITE DEVELOPMENT PERMIT 2002-733 APRIL 23, 2002 48. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 49. Landscape and irrigation plans for landscaped lots, setbacks and retention basins shall be signed and stamped by a licensed landscape architect. The applicant shall submit the landscape plans for approval by the Community Dejelopment Department (CDD), prior to plan checking by the Public Works Department. When plan checking has been completed by CDD, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the City Engineer. NOTE: Plans are not approved for construction until signed by the City Engineer. 50. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 18 inches of curbs along public streets. 51. Only incidental storm water 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 Section 9.100.040(B)(7), LQMC. QUALITY ASSURANCE 52. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 53. The applicant.shall employ, or retain, qualified engineers, surveyors, and such or other appropriate professionals as are required to provide the expertise with which to prepare and sign accurate record drawings, and to provide adequate construction supervision. 54. The applicant shall arrange for, and bear the cost of, all measurements, sampling and testing procedures not included in the City's inspection program, but which may be required by the City, as .evidence that the construction materials and methods employed comply with the plans, specifications and other applicable regulations. 55. Upon completion of construction, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing," "As -Built" or "As -Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and 343 PAMartin\Marriott\PCSDPCOA.wpd Page 10 of 13 PLANNING COMMISSION RESOLUTION 02- CONDITIONS OF APPROVAL SITE DEVELOPMENT PERMIT 2002-733 APRIL 23, 2002 completeness of the drawings. The applicant shall have all AutoCAD or raster -image files previously submitted to the City, revised to reflect the as -built conditions. MAINTENANCE 56. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 57. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. FEES AND DEPOSITS 58. The applicant shall comply with the provisions of Section 13.24.180 (Fees and Deposits), LQMC. 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. 59. The applicant is responsible for paying all development impact fees pursuant to Resolution No. 99-80, as amended. COACHELLA VALLEY WATER DISTRICT 60. The site shall be annexed to Improvement District Nos. 55 and 82 of the district for sanitation service. 61. Grading, landscaping and irrigation plans shall be submitted to the Coachella Valley Water District for review to ensure efficient water management techniques. 62. Appropriate fees, if any, shall be paid to the Coachella Valley Water District in accordance with their current regulations for service to the site. RIVERSIDE COUNTY FIRE DEPARTMENT 63. Approved super fire hydrants shall be Located not less than 25 feet, nor more than 165 feet, from any portion of the buildings as measured along vehicular travel ways. 64. Blue dot reflectors shall be placed in the street 8 inches from the centerline to the side that the fire hydrant is located, so as to identify fire hydrant locations during an emergency. 344 1("6 P:\Martin\Marriott\PCSDPCOA.wpd Page 11 of 13 PLANNING COMMISSION RESOLUTION 02- CONDITIONS OF APPROVAL SITE DEVELOPMENT PERMIT 2002-733 APRIL 23, 2002 65. Contact the Fire Department for the required fire flow information for the project. 66. Building plans shall be submitted to the Fire Department for plan review to run concurrent with the City's plan check procedures. 67. Water plans for the fire protection system (fire hydrants, etc.) shall be submitted to the Fire Department for approval prior to issuance of a building permit. 68. Buildings over 5,000 square feet are required to be equipped with fire sprinklers. Fire sprinkler plans shall be submitted to the Fire Department for review and approval prior to issuance of a building permit. 69. Any operation that produces grease -laden vapors will require a hood/duct system for fire protection (restaurants, etc.). Hood/duct fire protection plans shall be submitted to the Fire Department for review and approval prior to installation. 70. The required water system, including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on site. 71. The applicant or developer shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or signs. 72. Install a KNOX key box on each commercial building. Contact the Fire Department for an application. 73. Install portable fire extinguishers as required by the California Fire Code. LIGHTING 74. A detailed lighting plan shall be submitted for review and approval by the Community Development Department prior to issuance of any building permit. Said plan shall show the type of standard, manufacturer's specifications and location on the site. Low sodium pressure shoe box type lighting shall be utilized throughout the parking lot so as to reduce glare to the surrounding area. In no case shall lighting standards be taller than 18 feet. 1-31'.'5 P:\Martin\Marriott\PCSDPCOA.wpd Page 12 of 13 PLANNING COMMISSION RESOLUTION 02- CONDITIONS OF APPROVAL SITE DEVELOPMENT PERMIT 2002-733 APRIL 23, 2002 SIGNS 75. A sign application shall be submitted for review and approval by the Community Development Department prior to issuance of a grading permit. All signs shall be in compliance with Section 9.160 of the Zoning Code. 346 P:\Martin\Marriott\PCSDPCOA.wpd Page 13 of 13 ATTACHMENT #1 CASE MAP CASE No. EA 2002-445/CUP 2002-068/SDP 2002-733 APPLICANT: SECO/SDC/ LLC PROJECT: MARRIOTT HOTEL RESIDENCE INN SITE LOCATION MAP NORTH SCALE: 47 NTS Ido ATTACHMENT #2 CASE MAP CASE No. EA 2002-445/CUP 2002-068/SDP 2002-733 APPLICANT: SECO/SDC/ LLC PROJECT: MARRIOTT HOTEL RESIDENCE INN SITE PLAN W Z r z m o _ 348 110 on do • ATTACHMENT #4 8® Y"SHIN*TON STREET R CASE MAP CASE No. EA 2002-445/CUP 2002-068/SDP 2002-733 APPLICANT: SECO/SDC/ LLC PROJECT: MARRIOTT HOTEL RESIDENCE INN CONCEPTUAL LANDSCAPE PLAN c a z m z S 113x RD _ � 9 ATTACHMENT #5 Jacques Abels, Charman APR 17 2W2 u April 17, 2002 �� City of La Quinta Planning Commission COMcTUYM Y6E 1tWQUC.R Dear Mr. Abels: I received the Notice of Public Hearing regarding the proposed hotelcomplex to be built on the site located at Washington Street between 48t° Ave. and Lake La Quinta Drive. Since my property is located directly behind the project, I was concerned about what it entailed. My immediate neighbors and I visited the Community Development Department on April 15 and spoke with Mr. Martin Magana who was very helpful in answering our -questions. I have some serious concerns regarding the project. This project will have a major impact on the privacy of the homes behind the site. The previously granted approval for the Eisenhower complex ithat was -to be -on part of the parcel, was of concern too, but -at least -that had limited hours of operation. This one wilI-operate 24 hours a day with a corresponding traffic increase and lighting. I feel a hotel just doesn't belong. next to an upscale residential .neighborhood. I ask that you consider a couple of points when evaluating this proposal. • Structure Height The proposal calls for some of the buildings to be 3 stories. I feel that the height should be restricted to 2 stories, particularly those buildings that are adjacent to Caleo Bay. This would be consistent with the other projects proposed for the other sites between 411h and 4e Avenues that are all 2 stories or less. Setbacks The proposal calls for setbacks of approximately 45 feet off of Caleo Bay and 95 feet off of Washington (as measured from the Plot Plan furnished by Mr. Magana). Perhaps this could be reversed. That is, allow for a smaller setback on Washington and greater off of Caleo Bay, possibly moving the entire project more toward Washington. I understand there are zoning laws that require certain setbacks off of major thoroughfares. However, in reviewing the plot plan for the Palm Desert Bank site, the bank and adjacent office buildings are as close as 15 feet from Washington. In addition, buildings in the complex on the corner of Washington and Highway I I I are also very close to Washington. If wavers were granted for these properties, it would not be out of line to grant one here, too. I understand you have many issues to consider when granting approvals such as this, but I hope you will be able to also address the concerns of the adjacent residential property owners as well. Thank you for your attention to this matter. You,rdtruly, 1-7 11-*"? �ewel WO/ 9ihnson cc: Richard Butler 7-815 V(91*lrenze Tom Kirk John J Pena, Mayor Ron Perkins Stanley Sniff Jerry Herman L:Quinta, CA 92253 Steve Robbins Donald Adolph (760) 7714258 RobertTyler Terry- H-endersun 35- 114 April 17 2002 To: Jacques Abels, Planning Commission, City of LaQuinta Re: Conditional Use Permit for a 120 Rm. 3 Story Hotel ky wife and I purchased our home at 47845 Via Firenze, Lake, LaQuinta in 1995. Our back yard borders on Caleo Bay St. We have been impressed with the over-all zoning and development by The Planning Commission and the City of LaQuinta. we knew there would be development on Washington St. as exists from Hwy #111 - South, with development limited to one story buildings. Therefore I could hardly believe the notice that a 120 Room, 3 story Hotel would be constructed about 100 ft. behind my back wall. I question the Environmetal Assessment --What about noise pollution in a Residential neighborhood? Increased traffic which will interfere with the Entry Gate to Lake LaQuinta at Via Florence St. One hundred and twenty rooms with balconies, windows, and walkways that overlook my swimming pool and back yard. Our privacy will be gone. If you consider the homeowners in Lake LaQuinta, our expectations and desires, you certainly cannot approve this as designed in this location. Sincerely, Kenneth-D. Woodward 47845 Via Firenze La Quintal Ca. 92253 35; 04-16-02 City of�,La Quxinta 78-495 �Calle Tampico La Quinta, CA.. 92253 ATTENTION: John J. Pena, .Mayor. ar Sir: 4PRI ,-,, •'OA,F.71'n. _ 0p My nlame is Marilyn Joan italia.no. Our home As located at 47-7b5 Via Firenze in' La' Qui.hta. Our home- backs up to Caleo Bay. W6 -are .the first home South of the. South gate. of . Lake .La Quinta . le worked many..years and saved to have A pleasant retirement n a. nice community. in a comfortable home.' We thought we Lad found that when. we purchased our home.' We trusted in .he members of-. the City.- Hall. of. La Quinta to -make- decisions ,hat would help. the city graw and.that would give consider tion to -the homeowners in planning its: growth. 'It'seems hat we were in error. ,ccording to the noticesent to'homeowners, it is planned to ave a three' -story,. 120 ro6m Marriott Hotel built behind our. ome. This would be a.24 hour facility.. Earlier we had een told that Eisenhower .was. going .to erect a medical wilding. .2 stori.es max - and NOT open 24. hours. or on week nds. �et me explain . briefly wha' t . you are attemp.ti:ng to .do with he Marriott.. 1. You are devaluating our property values. 2. You are taking away. our right to privacy in our rear yards and our homes. 3. You are destroying'the-mountain view from our homes totally. You are creating. hazards with -heavy traffic on Caleo Bay. You are creating hazardous fumes - fr.om. heavy. vehicle, use I-- which' will .,come into' our homes and. yards.' 6. You are putting us at risk. 'with transient renters who can then 'look, into our yards and homes. In all honesty,..van you say.that you would appreciateithis situationIn` your back yard? _H Page 2. If this is all.. set. in granite then'you still have some alternatives. Erect the -Marriott buildings closer to Washington - riot our.�homes. You can change the setback and you -can also keep it a two: story building: It seems that Eisenhower, the bank. -and' the* 'restaurant were all willing to co-oper.ate with 't-he: homeowners and take their concerns into -the construction. of their buildings.' -Why is it to be different for the Marriott? Why when it will be a 24-.hour operation, .120 sus ite, are you willing to ive them.the right to'destroy our privacy and our saf ,ty? :What are you possibly thinking? Is this what you would want for yourself or-- your family? . Please stop and think, Sincerely, ,Marilyn Joan Italiano CC: Stanley Sniff, Mayor Pro'Tem Donald Adolph,.Council Member Terry Henderson, Council Member Ron Perkins, Council.Member Tom Kirk, .Chairman Planning Commission. Steve Robbins., -Vice Chairman.,. Plahn.ing. Commission Jacques Abels, Commissibrier,- Planning Commission Richard Butler, 'Coinmi-s•sioner; Planning Comm-ission Robert Tyler, Commissioner, Planning Commission. Thomas P. Genovese; City'Mariager Tom Hartung, Building.and Safety Director Jerry Hermari,`.Comm' unity Development Director 355 117 w s V t V 11.8 ;I. ct' ATTACHMENT #4 /Vi,'NJ\v May 20, 2002 City of La Quinta City Council: John J. Pena, Mayor Stanley Sniff, Mayor Pro Tem Donald Adolph, Council Member Terry Henderson, Council Member Ron Perkins, Council Member List of Enclosed Figures: 1 Developers' Site Line Study 2 Actual Site Lines 3 Balloon Views Dear Sirs: I am writing to you in regard to the proposed Marriott Hotel to be built on Washington Street between 471h and 481 Avenues, which was recently approved by the City Planning Commission. I feel I need to communicate my feelings to you in this way, since the council chamber is not a good forum for citizens to present opposing views. Petitioners are allowed almost unlimited time plus right of rebuttal, yet concerned citizens are restricted to 3 minutes. The figures I have enclosed are to illustrate my points. I just ask that you please consider them when making your decision. It is my feeling that the Planning Commission may have been unduly influenced by the site line study presented by the developer. My home is directly behind the project and I know it impressed me. I mean, if I cannot see the hotel from my yard, what is there to complain about? My purpose in writing to you is to show that that study is not accurate. In fact, it is so far from reality, that I am suspicious of everything the developer presented. Figure 1 is a copy of the site line study as presented to the Commission by the developer. I have added some of the text and "Actual Site Line" to the figure. This drawing shows that the developer assumed the top of the wall behind my property to be 8 to 9 feet above ground level, with shrubbery extending above it. This is simply not the case. The top of the wall is actually 5 1/2 feet above ground level. The developer assumed the origin of the site line (the figure representing someone looking at the site) to also be 5 1 /2 feet tall. That makes the site line very near horizontal, not extending 11 ° upward as shown. Figure 2 shows two photographs taken from my backyard, 20 feet back from the wall, looking west and northwest toward the hotel site. These photographs show the actual site lines. The top of the pole is 9 feet above ground level and the white line is drawn parallel with the top of the wall. That's what a 9-foot wall 357 119 kM . would look like. Obviously, if the wall were actually that high, there would be no view to question. Nothing below the white line would be visible. In addition the top of the bus stop on Washington and the traffic lights on Washington and 48t' are visible from this point. It is ludicrous for the developer to assume I won't see a 35-foot building that would be half the distance away. I'm not sure why 20 feet from the wall was chosen as the vantage point for the site line study. My house is actually 54 feet from the wall. From the house, traffic is visible on Washington Street. To get a better idea of what would be seen, we placed helium filled balloons on the site. One 90 feet back from the Caleo Bay curb, 22 feet high. Another 130 feet back from the curb at 35 feet high. I then photographed them standing 20 feet back from the wall. These pictures are shown in Figure 3. While the placement of the balloons may not accurately represent the exact building location, they represent a reasonable estimation of what would be visible with a three story building on the site. In making your decision on whether or not to approve this project as it stands, I urge the council to not consider the site lines presented by the developer as being valid. They clearly are not. Thank you for your consideration in this matter. Yours truly, Newel W. Johnso 47-815 Via Firenz La Quinta, CA 92253 (760) 771-4258 358 100 - _ 1131��_ f �'�•�`3+�'�^4Nfi .�d'2 �"�^`�Ye�,...�i �/� � �r \ �:!i` ��T ��— �M.:�""�S' ' y s^' 1� � � e' 1 � tii ,M F. -.,� - �..-.¢`°`,.. ��.�..��ya°��y # .a �sj�,q•�'.-r^�'Y+4.. / c. :�L �E'v v �V'-x^ ��•�IWI-YY•fiL� a-�="—.f _ _ /_'�._�_ . � S �dG✓h+ -4 Balloons 22` Nigh �£2'... -� i fp'�'&.°�`. t��1� 5�' i�o' 1�� „1 �•4, - s'Tk§�Y ,1:� rq +C a }.7T°_+ - `.0 eft)�.,,�P `Yr n0 t r RV. AK f Balloons of 35` 4 _ 500 W. cliz Al �q i s Ti C w f ^r !tit+ G`t1. ` '• `h �t. �.€ Z 2 •: t r�"o�cc..�''^ l6 `+c�y,'gv i i.� .. ��, ; N '± i May 21, 2002' C, o LA Mr. John J. Pena 78-495 Calle Tampico PO Box 1504 La Quinta, Ca 92253 Subject: Proposed 3-Story Hotel Complex Adjacent to Lake La Quinta Dear John, The GEM OF THE DESERT is about to be tarnished -again. As our City's Mayor we request your critical review of the planned 3-story hotel complex to be built between 48th and Lake La Quinta Drive and the environmental impact it will have on the residences of Lake La Quinta. Our main concern is the 3-story height of the hotel structures located in an adjacent single and 2-story environment and the effect it will have on the view of the adjacent mountain enjoyed by the residences of our community. A maximum height of 2-stories should be imposed on any structures in this location to allow Lake la Quinta residences to continue enjoying the pristine view of our beautiful mountains. We have a secondary concern about the increase in hotel traffic on Caleo Bay. We thank you in advance for your attention to the responsible development of our community and our concerns of the proposed 3-story hotel structures and urge you to act responsibility to limit the height to a maximum of 2-stories. Regards, R** & 7 44* (weed& Lake la Quinta 3R'4. 124 TO: Tom Hartung, Building and Safety Director May 26, 2002 Dear Mr.Hartung: I am writing to you regarding La Quinta community planning that affects the safety, environment, aesthetics and well-being of the residents of LaQuinta. The first of my concerns is the proposed Marriott Residence Inn to be located on Washington Boulevard near Avenue 48. The second, but related, issue regards the rapid growth of LaQuinta, and specifically the direction of commercial growth, which appears to be unbridled and driven by a quest for revenue "at any cost". I. THE MARRIOTT RESIDENCE INN: Construction of a multi -level hotel should never have been considered in this area of Washington Street, which is adjacent to the existing housing developments of Laguna de la Paz, Rancho LaQuinta, and Lake LaQuinta. There was, and still is, property available on Highway 111, which is far more conducive to a hotel development and more convenient for its patrons. Why can't we follow the lead of Indian Wells, which had the wisdom to locate hotels in their community on Route 111? At the recent Planning Commission and subsequent Council Meeting, we were told that what the residents want or don't want in this area doesn't matter. Our desires, concerns and suggestions are met with indifference and discounted. We are told, "you people knew when you bought in Lake LaQuinta that Washington Street was zoned commercial". The attitude expressed, that the residents should have nothing to say about what is built here because they knew Washington Street was zoned commercial is both patronizing and offensive. Moreover, it flies in the face of "Government By and For the People". Apparently, the construction of the Marriott hotel at this location is a fait accompli, so I will focus my suggestions on how to make the best out of an odious situation. The proposed 3-story hotel backs onto Calejo Bay, the access to three entrance gates on the western perimeter of the Lake LaQuinta residential complex and private park. Because of this very close proximity to our complex, I am requesting that the Council give serious consideration to the following: 1. Loss of Views. The Council incorrectly believes that the mountain views of Lake LaQuinta residents I.2 363 will not be blocked by a third story. Residents of Lake LaQuinta have documented evidence to the contrary, which they will present to the Council. The architect's misstatement of this fact should have been uncovered by the Planning Commission during its investigative process. It is an issue that still needs thorough analysis. Prior to a final decision, the Council should visit the proposed site and view it from the Lake LaQuinta resident's back yards to see firsthand. Residents who will lose their view will provide you with access to their property for this purpose. 2. Loss of Privacy With a multi -story building, residents' homes on the western side of Lake LaQuinta will also lose their privacy, as transients will be able from the hotel to watch resident's and their children's backyard activities, observe their belongings, and look directly into their homes. Would you approve a 3-story hotel overlooking your yard and home? 3. Potential for Increased Crime Construction of a 3-story hotel right outside our gates does not, in light of the recent increases in home and auto robberies in this area, give our residents a sense of security. Indeed, they fear the potential danger that their loss of privacy entails. 4. Potential Decline in Property Values The residents of Lake LaQuinta have good reason to also be concerned about their property values declining due to these factors. Recently, houses that have been up for sale have been taken off the market because no "at market", or reasonable offers were forthcoming. This is not consistent with real estate sales in other areas of LaQuinta. We worry that word is on the street that Lake LaQuinta is no longer a desirable place to live due to the type of commercial development proposed and approved on this stretch of Washington Boulevard. If this step is not taken, there will be overflow parking on Calejo Bay from hotel workers, vendors, visitors, etc. School busses pick up Lake LaQuinta children and drop them off on Calejo Bay. Parking on this street will constitute one more safety hazard when you take into consideration that: 1) this street is already being regularly used by the auto mall dealers for "test drives". 2 121s 36 2) Many autos are observed speeding down Calejo Bay as a "short- cut" or means of avoiding Washington Boulevard traffic, which will only get worse with the addition of a hotel and additional traffic. 3) We have had repeated instances of cars parking on Calejo Bay, and people vaulting over the fences into the pool and park area. They have done substantial and costly damage to our gates and safety mechanisms, and have destroyed our pool and patio furniture. Lake LaQuinta is taking every practicable measure to minimize this vandalism, but we need your help! Failure to mandate Calejo Bay as a non -parking street will only result in increases in crime, and police and sheriff calls to investigate disturbances. II. COMMERCIAL ZONING AND THE LA QUINTA GROWTH FACTOR: Nearly six years ago when we moved to Lake LaQuinta from Los Angeles, we thought we "died and went to Heaven". Yes, we were aware that Washington Street was zoned commercial. The builders, property developer and representatives of Mr. Spanos assured us that any commercial property that LaQuinta would permit to be built there would be "low-level", upscale and compatible with the architectural and aesthetic environs of the existing residential areas of Lake LaQuinta, Rancho LaQuinta, Laguna de la Paz and the St. Francis of Assisi church. O.K., you can say, "Caveat Emptor" or "shame on us" for believing them. However, in our defense, it was, and still is reasonable for people who buy houses in areas where homes range to over a million dollars to assume such statements to be true — because it seems so patently sensible! We are now painfully aware that commercial development is burgeoning in LaQuinta in what is not a "sensible" manner. We do not view "Zoned for Commercial Development" as synonymous with "anything goes". A. The "Gem of the Desert" —Gas Stations & Fast Food: It is sad to hear increasingly negative comments about LaQuinta. Visitors to our home over the past year ask, "What in the world is happening with LaQuinta? It used to be so pretty. It's starting to look just like LA. Why did you move here?". How many more fast food joints, gas stations, AM/PM's, Circle K's or Auto dealers do we need? Why must we go to Palm Desert, Palm Springs or Rancho Mirage for any quality retail shopping, but can get all of the junk food, gas and autos we need here in 365 the "Gem of the Desert"? Who is this community being built for, passers-thru, or the taxpaying residents? B. The Ambience, Natural Beauty and Historical Perspective of LaQuinta: When we first moved here, LaQuinta was a relatively blank slate with regard to non- residential development. A perfect opportunity existed to establish firm guidelines to retain the "Old LaQuinta" historical perspective and ambience, and develop LaQuinta into a unique, enchanting place to live, shop and visit_ Instead, architectural structures and shopping strips are springing up that are neither charming nor attractive. The southeast corner of Washington and 111 is a "mess" and a case in point. Point Happy, a site of early California historical significance has been haphazardly developed with a super -sized gas station plunked up against what was a natural cliff, a sidewalk going to nowhere, a real estate office, an upscale restaurant, a Circle K and a Del Taco. What was everyone thinking? As a corporate executive and a business owner for over 25 years, I understand the need for revenue, as well as budgetary and tax limitations. However, this incongruent "mishmash" of businesses at the heart of traffic flow in LaQuinta is disgraceful. We are becoming a fast food, gas -up and discount corridor on the way to our touted golf courses. Hopefully, it isn't too late for downtown, "Old LaQuinta", which can yet become a uniquely historical, model project of redevelopment, with upscale restaurants, fine shops, galleries and paseos that would attract residents and tourists to this area. I am prepared to help, and not just complain. I understand that growth is both necessary and inevitable, but growth does not have to be this bad. I implore you to develop what's left of this City in a controlled, more considered manner, so we can all be proud to say we truly do live in the "Gem of the Desert". Sin rely, Patricia B. Wyskocil 47965 Via Jardin LaQuinta, CA 92251u 760-771-5120 cc: City Council, City Staff 4 366 ��, AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: June 4, 2002 CONSENT CALENDAR: STUDY SESSION: Public Hearing on Environmental Assessment 2002- 450 and Specific Plan 2002-058, a Request for PUBLIC HEARING: Certification of a Mitigated Negative Declaration and Approval of Development Principals and Design Guidelines for a Commercial Complex Consisting of Nine Buildings on 6 + Acres, Located on the South Side of Calle Tampico, Generally Between Avenida Bermudas and Desert Club Drive. Applicant: Marvin Investments RECOMMENDATION: 1. Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration of Environmental Impact for Specific Plan 2002-058; and 2. Adopt a Resolution of the City Council approving the Development Principles and Guidelines of a Specific Plan for a commercial complex, Specific Plan 2002- 058, Marvin Investments. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: General Plan Designation and Zoning: The existing General Plan land use designation and zoning of the subject property is VC (Village Commercial). Surrounding Zoning and Land Uses: North: VC / Commercial buildings and vacant land South: VC / Commercial buildings and vacant land East: VC / Verizon office and RL 10,000 17/1 and Vacant land West: VC / Commercial building and City owned parking lot 36 P:\STAN\sp 2002-058 cc rpt.wpd General: The property consists of approximately six acres in the Village area of the City (Attachment 1). The site is bounded by Calle Tampico on the north, Avenida Bermudas on the west, Desert Club Drive on the east, and Avenida La Fonda on the south. The majority of the property is vacant, with a small commercial building on the west end of Avenida La Fonda and two small, older apartment buildings on the west side of Desert Club Drive, approximately midway between Calle Tampico and Avenida La Fonda. An unimproved east -west running alley and power poles with overhead utility lines runs parallel to, and near Avenida La Fonda. On the north side of Avenida La Fonda near Desert Club Drive the La Quinta Arts Foundations office building is within the boundary area, but is not a part of the project. Project Request: Proposed is a Specific Plan which allows a commercial complex of nine buildings spread out around new interior streets which would be private (Attachment 2). The Specific Plan provides principals and guidelines for approximately 127,517 square feet of floor space. Tenants are anticipated to consist of retail, restaurant and office uses. Based on the Specific Plan, the uses would consist of approximately: Restaurants - 16% of project - 20,403 square feet Office - 39% of project - 49,731 square feet Retail - 45% of2roject - 57,383 square feet TOTALS 100% - 127,715 square feet The project is proposed to be developed in three phases, with three buildings per phase. Buildings "A, B and C," consisting of 56,538 square feet of floor area, located near the intersection of Avenida Bermudas and Avenida La Fonda, comprise the first phase. All of the new private interior streets and 81 on -site parking spaces would be constructed with the first phase. Site Design/Circulation: The nine buildings are laid out around one private Main Street and three shorter private streets, creating an "old town" village type of atmosphere. The "Main Street" runs between Avenida Bermudas and Desert Club Drive in a diagonal direction. This Main Street will feature a central plaza "surrounded by fountains, tile roof tops, paved walkways, and palm trees." Stores will front on the new streets as well as the existing perimeter streets. j 368 V ;.l P:\STAN\sp 2002-058 cc rpt.wpd Most of the buildings will fully or partially front on Main Street. Only one building at the corner of Calle Tampico and Avenida Bermudas will not have any frontage on Main Street. Two of the private streets intersect Main Street, one from Calle Tampico and one from Avenida La Fonda. These streets will be right turn -in and right turn -out only at the perimeter streets. The remaining street will access the property at Avenida Bermudas north of Main Street and intersect the private street leading to Calle Tampico. The only other access to the perimeter streets will be on Desert Club Drive where the existing alley will access the rear of the La Quinta Arts Foundation building, a loading area, and trash bins. The only other trash area is shown on the short private street near the northwest corner of the property. The separate parking lots on the east side of Desert Club Drive show one driveway to Desert Club Drive and two on Avenida Buena Ventura. Parking: The plan provides 176 parking spaces on -site with approximately 234 spaces available off -site for a total of 410 parking spaces. The on -site spaces are placed along the private streets and in two parking lots at the southeast corner of the site. Off -site spaces include two new parking lots with 48 spaces proposed at the northeast and southeast corners of Desert Club Drive and Avenida Buena Ventura; 58 spaces recently installed with the Avenida La Fonda street improvements; 108 spaces in the City -owned parking lot at the northwest corner of Avenida Bermudas and Avenida Montezuma; and 20 spaces north of Ace Hardware. Based on Zoning Code requirements, the required parking for the project is as follows: Restaurants with ancillary seating - 67 spaces Sitdown restaurants - 133 spaces Office - 200 spaces Retail - 228 spaces TOTALS 628 spaces The applicant proposes, as permitted by the Zoning Code in the Village Commercial zone, that the parking be deemed acceptable by the City Council for the project based on the shared parking concept. The existing parking within 300 feet can and will be used by the customers and tenants of their project, while allowing their spaces to be used by customers outside their project. Additionally, the applicant states the project has been designed to promote pedestrian mobility, thus reducing the need for on -site parking. Architectural Design: The proposed project will use an architectural theme derived from California Mission Revival ("Santa Barbara" or "Monterey") architecture and the La Quinta Resort. Building forms will combine sloped clay tile roofs with parapet walls with extensive3 6 9 P:\STAN\sp 2002-058 cc rpt.wpd U �`, 3 use of covered pedestrian areas and patios. Plaster walls will have a smooth "mission" texture and rounded corners. Exposed rough sawn wood will be used sparingly for maximum effect. Awnings are shown to shade windows, doors and pedestrian areas. Building heights will vary from one to two stories (maximum 35' high allowed). The Specific Plan shows two story buildings along Calle Tampico and through the middle of the project in a north to south direction. Landscape Design: The landscape design will complement the architectural theme and use plant materials primarily desert in nature. Mexican fan palms will line most street frontages at 40 feet on -center with canopy trees used for accent and shade in pedestrian and parking areas. Perimeter streets will use shrub and ground cover planting areas next to the buildings while interior streets will combine tree and shrub planting next to the curb. Vine pockets will be used on arcade and covered walkway supports. Decorative paving will be used through the central area of the site, anchored by the Main Street plaza area, and for street cross walks. Public Notice: This request was advertised in the Desert Sun Newspaper on May 25, 2002, and mailed to all property owners within 500 feet around the project boundaries. To date, no correspondence has been received. Any comments received will be handed out at the meeting. Public Agency Review: The request was sent out for comment and any pertinent comments received have been incorporated into the Conditions of Approval. Historic Preservation Commission (HPC) Action: An Initial Study for a Negative Declaration has been prepared pursuant to the California Environmental Quality Act requirements. As a part of the Environmental Assessment, a Phase 1 cultural resource report study was reviewed by the HPC on May 16, 2002. The Commission unanimously accepted the report, with the added condition that trenching activities be monitored by a qualified archaeologist. Environmental Consideration: Environmental Assessment 2002-450 was prepared for this Specific Plan in compliance with the requirements of the California Environmental Quality Act of 370 P:\STAN\sp 2002-058 cc rpt.wpd o L 1970, as amended. The Community Development Director has determined that the project will not have a significant adverse impact on the environment and, therefore, recommends that a Mitigated Negative Declaration of Environmental Impact be certified. Planning Commission Review: The Planning Commission reviewed this request at its meeting of May 28, 2002. Items of discussion included minor design and engineering issues. On a 5-0 vote, the Commission adopted Resolutions 2002-057 and 058, recommending certification of the Mitigated Negative Declaration and approval of the Specific Plan subject to the Findings and Conditions of Approval (Attachment 3). FINDINGS AND ALTERNATIVES: The Findings to approve the Mitigated Negative Declaration of Environmental Impact and Specific Plan can be made as noted in the attached Resolutions. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration for the Environmental Assessment 2002-450; and Adopt a Resolution of the City Council approving the Development Principles and Guidelines for a commercial complex for Specific Plan 2002-058, subject to findings and Conditions of Approval; or 2. Do not adopt Resolutions of the City Council certifying a Mitigated Negative Declaration for Environmental Assessment 2001-450 and approving Specific Plan 2002-058; or 3. Provide staff with alternative direction. Respectfully submitted, Jegy Herr -ban Co munity Development Director Approved for submission by: Thomas P. Genovese City Manager U`J � s P:\STAN\sp 2002-058 cc rpt.wpd Attachments: 1. Location Map 2. Specific Plan text (document for City Council only) 3. Planning Commission minutes for the meeting of March 28, 2002 XV P:\STAN\sp 2002-058 cc rpt.wpd RESOLUTION NO. 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR SPECIFIC PLAN 2002-058 ENVIRONMENTAL ASSESSMENT 2002-450 MARVIN INVESTMENTS WHEREAS, an Initial Study and Mitigated Negative Declaration has been prepared collectively for Environmental Assessment 2002-450 prepared for Specific Plan 2002-058 (collectively "the Project"), located on the south side of Calle Tampico, between Avenida Bermudas and Desert Club Drive, more particularly described as: APN's: 770-121-001, 770-121-002, 770-121-003, 770-123-001 , and 770-124-005 WHEREAS, the City has prepared the Initial Study and Mitigated Negative Declaration in compliance with CEQA and the State CEQA Guidelines, California Code of Regulations, Title 14, section 15000 et. seq., ("CEQA Guidelines"); and WHEREAS, the City mailed notice of its intention to adopt the Mitigated Negative Declaration in compliance with Pubic Resources Code Section 21092 on May 24, 2002, to landowners within 500 feet of the Project Site and to all public entities entitled to notice under CEQA, which notice also included a notice of the public hearing before the City Council on June 4, 2002; and WHEREAS, the City published a notice of its intention to adopt the Mitigated Negative Declaration and associated Initial Study in the Desert Sun on May 26, 2002, and further caused the notice to be filed with the Riverside County Clerk in accordance with the CEQA Guidelines; and WHEREAS, during the comment period, the City received no comment letters on the Mitigated Negative Declaration; and WHEREAS, the La Quinta Planning Commission on May 28, 2002, did consider the Project and recommended to the City Council certification of the Mitigated Negative Declaration for the Project; and WHEREAS, the City Council held a duly noticed public hearing on June 4, 2002, on the Initial Study and Mitigated Negative Declaration, during which public hearing testimony and other evidence was received. 373 P:\STAN\ea 2002-450 sp 2002-058 cc res.wpd Resolution No. 2002- Environmental Assessment 2002-450 Marvin Investments Adopted: Page 2 NOW THEREFORE, BE IT RESOLVED by the City Council, as follows: SECTION 1: The above recitations are true and correct and are adopted as the Findings of the Council. SECTION 2 The City Council finds that the Mitigated Negative Declaration has been prepared and processed in compliance with CEQA, the State CEQA Guidelines and the City's implementation procedures. The City Council has independently reviewed and considered the information contained in the Mitigated Negative Declaration, and finds that it adequately describes and addresses the environmental effects of the Project, and that, based upon the Initial Study, the comments received thereon, and the entire record of proceeding for this Project, there is no substantial evidence in light of the whole record that there may be significant adverse environmental effects as a result of the Project. The mitigation measures identified in the Mitigated Negative Declaration have been incorporated into the Project and these measures mitigate any potential significant effect to a point where clearly no significant environmental effects will occur as a result of this Project. SECTION 3: The Project will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant unmitigated impacts were identified by Environmental Assessment 2002-450. SECTION 4: The Project will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of rare or endangered plants or animals or eliminate important examples of the major periods of California history or prehistory. SECTION 5: There is no evidence before the City that the Project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends. SECTION 6: The Project does not have the potential to achieve short- term environmental goals, to the disadvantage of long-term environmental goals, as no significant effects on environmental factors have been identified by the Environmental Assessment. 374 Ue3 P:\STAN\ea 2002-450 sp 2002-058 cc res.wpd Resolution No. 2002- Environmental Assessment 2002-450 Marvin Investments Adopted: Page 3 SECTION 7: The Project will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity, as development patterns in the area will not be significantly affected by the Project. SECTION 8: The Project will not have the environmental effects that will adversely affect the human population, either directly or indirectly, as no significant impacts have been identified which would affect human health, risk potential or public services. SECTION 9: The City Council has fully considered the proposed Mitigated Negative Declaration and the comments received thereon. SECTION 10: The Mitigated Negative Declaration reflects the independent judgment and analysis of the Council. SECTION 11: The location of the documents which constitute the record of proceedings upon which the City Council decision is based is the La Quinta City Hall, Community Development Department, 78-495 Calle Tampico, La Quinta, California 92253, and the custodian of those records is Jerry Herman, Community Development Director. SECTION 12: A Mitigation Monitoring Program (MMP), a copy of which is attached hereto, is hereby adopted pursuant to Public Resources Code § 21081.6 in order to assure compliance with the mitigation measures during Project implementation. SECTION 13: Based upon the Initial Study and the entire record of proceedings, the Project has no potential for adverse effects on wildlife as that term is defined in Fish and Game Code § 711.2. SECTION 14: The City Council has on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 California Code of Regulations 753.5(d). SECTION 15: The Mitigated Negative Declaration is hereby certified and adopted. 375 ui.-9 P:\STAN\ea 2002-450 sp 2002-058 cc res.wpd Resolution No. 2002- Environmental Assessment 2002-450 Marvin Investments Adopted: Page 4 SECTION 16: The Community Development Director shall cause to be filed with the County Clerk a Notice of Determination pursuant to CEQA Guideline § 15075(a). PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 4th day of June, 2002, by the vote to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PEIVA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 376 P:\STAN\ea 2002-450 sp 2002-058 cc res.wpd U10 Environmental Checklist Form 1. Project Title: Specific Plan 2002-058 2. Lead Agency Name and Address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 3. Contact Person and Phone Number: Stan Sawa, 760-777-7125 4. Project Location: South side of.Tampico, Between Avenida Bermudas and Desert Club Drive 5. Project Sponsor's Name and Address: Marvin Investments, Inc. 78-080 Calle Estado, Suite 201 La Quinta, CA 92253 6. General Plan Designation: Village Commercial 7. Zoning: Current: Village Commercial 8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) The Specific Plan establishes development and design standards for the construction of 127,500+ square feet of retail, office and restaurant space on 5.42 acres. The project is proposed to combine single and two story buildings, with a central drive and some on -site parking. Off -site parking is also proposed. The project would be constructed in phases. 9. Surrounding Land Uses and Setting: Briefly describe the project's surroundings. North: Vacant lands and commercial uses, Village Commercial South: Scattered commercial, vacant lands, Village Commercial West: Commercial uses, vacant lands, Village Commercial East: Vacant lands and Verizon building, Village Commercial 10. Other agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) Not applicable PASTAN\WeIIsEACklst. W PD Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Agriculture Resources Air Quality Biological Resources Cultural Resources Geology and Soils Hazards and Hazardous Materials Hydrology and Water Quality Land Use Planning Mineral Resources Noise Population and Housing Public Services Recreation Transportation/Traffic Utilities and Service Systems Mandatory Findings Determination: (To be completed by the Lead Agency.) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared L-1 I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the applicant. A MITIGATED NEGATIVE DECLARATION will be prepared. 1 I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. 0 I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. 378 Signature Date u12 PASTAN\WeIIsEACklst. W PD Evaluation of Environmental Impacts: 1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the reference information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2. All answers must take account of the whole action involved, including off -site as well as on- site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4. "Negative Declaration: Potentially Significant Unless Miti-gation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVIII, "Earlier Analysis," may be cross-referenced). 5. Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analysis are discussed in Section XVIII at the end of the checklist. 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8. The analysis of each issue should identify: a) the significance criteria or threshold used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance P:\STAN\We11sEACk1st.WPD 379 ul3 Issues (and Supporting Information Sources): Would the proposal result in potential impacts involving: I. AESTHETICS: Would the project: a) Have a substantial adverse effect on a scenic vista? (General Plan EIR p. III-159 ff.) b) Damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (General Plan EIR p. III-159 ff.) c) Substantially degrade the existing visual character or quality of the site and its surroundings? (Application materials) d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? (Application materials) II. AGRICULTURAL RESOURCES:. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model prepared by the California Dept. Of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland) to non-agricultural use? (General Plan EIR p. III-21 ff.) b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (Zoning Map) c) Involve other changes in the existing environment which, due to their location or nature, could individually or cumulatively result in loss of Farmland, to nonagricultural use? (Aerial photographs) III. AIR QUALITY: Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable Air Quality Attainment Plan or Congestion Management Plan? (SCAQMD CEQA Handbook) b) Violate any stationary source air quality standard or contribute to an existing or projected air quality violation? (SCAQMD CEQA Handbook) c) Result in a net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (SCAQMD CEQA Handbook) d) Expose sensitive receptors to substantial pollutant concentrations? (Project Description) Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact X X X X X X X X M X X P:\STAN\WelJsEACklst. W PD 4 - u14 e) Create objectionable odors affecting a substantial number of people? (Project Description) I I I X IV. BIOLOGICAL RESOURCES: Would the project: a) Have a substantial adverse impact, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? (Biological Assessment and Impact Analysis..., James Cornett, July 2001) b) Have a substantial adverse impact on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? (Biological Assessment and Impact Analysis..., James Cornett, July 2001) c) Adversely impact federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) Either individually or in combination with the known or probable impacts of other activities through direct removal, filling, hydrological interruption, or other means? (Biological Assessment and Impact Analysis..., James Cornett, July 2001) d) Interfere substantially with the movement of any resident or migratory fish or wildlife species or with established resident or migratory wildlife corridors, or impede the use of wildlife nursery sites? (Biological Assessment and Impact Analysis..., James Cornett, July 2001) e) Conflict with any local policies or ordinances protecting biological resources such as a tree preservation policy or ordinance? (La Quinta Municipal Code; General Plan) f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Conservation Community Plan, or other approved local, regional, or state habitat conservation plan? (Biological Assessment and Impact Analysis..., James Cornett, July 2001) V. CULTURAL RESOURCES: Would the project: a) Cause a substantial adverse change in the significance of a historical resource which is either listed or eligible for listing on the National Register of Historic Places, the California Register of Historic Resources, or a local register of historic resources? (Historical/ Archaeo-logical Resource Survey La Quinta Village..." CRM Tech, July 2001) b) Cause a substantial adverse change in the significance of a unique archaeological resources (i.e., an artifact, object, or site about which it can be clearly demonstrated that, without merely adding to the current body of knowledge, there is a high probability that it contains information needed to answer important scientific research questions, has a special and particular quality such as being the oldest or best available example of its type, or is directly associated with a scientifically recognized important prehistoric or historic event or person)? (Historical/Archaeological Resource Survey La Quinta Village..." CRM Tech, July 2001) c) Disturb or destroy a unique paleontological resource or site? (Master Environmental Assessment, Exhibit 5.9) X X X X X X 1� F.4 381 P:\STAN\We11sEACk1st.WPD 5 15 d) Disturb any human remains, including those interred outside of X formal cemeteries? (Historical/Archaeological Resource Survey La Quinta Village..." CRM Tech, July 2001) VI. GEOLOGY AND SOILS: Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (General Plan EIR p. III-61 ff.) ii) Strong seismic ground shaking? (General Plan EIR p. III-61 ff.) iii) Seismic -related ground failure, including liquefaction? (General Plan EIR p. III-61 ff.) iv) Landslides? (General Plan MEA p. 96 ff) b) Result in substantial soil erosion or the loss of topsoil? (General Plan MEA p. 96 ff) c) Be located on a geological unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on - or off -site landslides, lateral spreading, subsidence, liquefaction or collapse? (General Plan MEA p. 96 ff) d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? (General Plan MEA p. 96 ff) e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal system where sewers are not available for the disposal of waste water? (General Plan MEA p. 96 ff) VII. HAZARDS AND HAZARDOUS MATERIALS: Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? ("Report on Phase I Environmental Site Assessment..." Earth Systems Southwest, February 2001.) b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the likely release of hazardous materials into the environment? ("Report on Phase I Environmental Site Assessment..." Earth Systems Southwest, February 2001.) c) Reasonably be anticipated to emit hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? ("Report on Phase I Environmental Site Assessment..." Earth Systems Southwest, February 2001.) d) Is the project located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? ("Report on Phase I Environmental Site Assessment..." Earth Systems Southwest, February 2001.) X X X X X X X X X F./ /1 X 82 P:\STAN\We11sEACk1st.WPD 6 LJ16 e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) f) For a project within the vicinity of a private airstrip; would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? (General Plan MEA p. 94 ff) h) Expose people or structures to the risk of loss, injury or death involving wildlands fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (General Plan land use map) VIII. HYDROLOGY AND WATER QUALITY: Would the project: a) Violate Regional Water Quality Control Board water quality standards or waste discharge requirements? (General Plan EIR p. III-87 ff.) b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted? (General Plan EIR p. III-87 ff.) c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, in a manner which would result in substantial erosion or siltation on- or off - site? (General Plan EIR p. III-87 ff.) d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? (General Plan EIR p. III-87 ff.) e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems to control? (General Plan EIR p. I11-87 ff.) f) Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (Master Environmental Assessment Exhibit 6.5) g) Place within a 100-year floodplain structures which would impede or redirect flood flows? (Master Environmental Assessment Exhibit 6.6) IX. LAND USE AND PLANNING: Would the project: a) Physically divide an established community? (Project Description) PASTAN\We11sEACk1st. WPD 7 X X M ta X X X X X X X ��M - 017 383 b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purposes of avoiding or mitigating an environmental effect? (General Plan p. 18 ff.) c) Conflict with any applicable habitat conservation plan or natural communities conservation plan? (Master Environmental Assessment p. 73 ff.) X. MINERAL RESOURCES: Would the project: a) Result in the loss of availability of a known mineral resource classified MRZ-2 by the State Geologist that would be of value to the region and the residents of the state? (Master Environmental Assessment p. 71 ff.) b) Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (Master Environmental Assessment p. 71 ff.) XI. NOISE: Would the project result in: a) Exposure of persons to, or generation of, noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (General Plan MEA p. 110 ff.) b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? (General Plan MEA p. 110 ff.) c) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? (General Plan MEA p. 110 ff., Application materials) d) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (Application materials) e) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive levels? (General Plan land use map) XII. POPULATION AND HOUSING: Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? (General Plan, p. 9 ff.) b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? (Application Materials) c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? (Application Materials) A4 ►91 /1 V11 /1 F13 X /:1 l� P:\STAN\WeIIsEACkIst.WPD 8 XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? (General Plan MEA, p. 46 ff.) Police protection? (General Plan MEA, p. 46 #f.) Schools? (General Plan MEA, p. 46 ff.) Parks? (General Plan; Recreation and Parks Master Plan) Other public facilities? (General Plan MEA, p. 46 ff.) XIV. RECREATION: a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Application Materials) b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Application Materials) XV. TRANSPORTATION/TRAFFIC: Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? ("La Quinta Old Town Traffic Impact Analysis," Endo Engineering, November 2001) b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? ("La Quinta Old Town Traffic Impact Analysis," Endo Engineering, November 2001) c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (General Plan EIR, p. III-29 ff.) d) Substantially increase hazards to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? ("La Quinta Old Town Traffic Impact Analysis," Endo Engineering, November 2001) e) Result in inadequate emergency access? (Application Materials) f) Result in inadequate parking capacity? (Application Materials) g) Conflict with adopted policies supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Application Materials) X X X X X /:7 X X X X X X X P:\STAN\WeIISEACk1st.WPD 0113 385 9 XVI. UTILITIES AND SERVICE SYSTEMS: Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? (General Plan MEA, p. 46 ff.) b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 46 ff.) c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 46 ff.) d) Are sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (General Plan MEA, p. 46 ff.) e) Has the wastewater treatment provider which serves or may serve the project determined that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? (General Plan MEA, p. 46 ff.) f) Is the project served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? (General Plan MEA, p. 46 ff.) XVII. MANDATORY FINDINGS OF SIGNIFICANCE: a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current project, and the effects of probable future projects)? d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVIII EARLIER ANALYSIS. X X X X X X X 0 r KI Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets. a) Earlier analysis used. Identify earlier analysis and state where they are available for review. 386 No earlier analysis were used in this review. (" 020 P:\STAN\We11sEACk1st.WPD 10 b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Not applicable. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. See attached Addendum. SOURCES: Master Environmental Assessment, City of La Quinta General Plan 2002. General Plan, City of La Quinta, 2002. General Plan EIR, City of La Quinta, 2002. SCAQMD CEQA Handbook. City of La Quinta Municipal Code "Biological Assessment and Impact Analysis of the proposed Marvin Commercial/Retail Center," prepared by James W. Cornett, July 2001. "Historical/Archaeological Resources Survey Report La Quinta Village Project," prepared by CRM Tech, July 2001. "La Quinta Old Town Traffic Impact Analysis," prepared by Endo Engineering, November 2001. "Report on Phase I Environmental Site Assessment..." prepared by Earth Systems Southwest, February 2001. ur'1.387 PASTAN\WeIIsEACk1st. W PD 11 Addendum for Environmental Assessment 2002-450 I. d) The proposed project will be located on lands which are currently generally vacant, and will therefore result in a new source of light. The City requires that all projects contain exterior lighting on -site, and this project will be subject to these regulations. In addition, the project has been designed so that much of the on -sit parking is located on the interior of the site. New light sources will be shielded by the buildings planned around the perimeter, further reducing off -site impacts from lighting. City standards and the project design will lower potential impacts to a less than significant level. III. a) The proposed project will generate air pollution primarily from the operation of motor vehicles. A traffic analysis prepared for the proposed project concluded that the project will generate a total of 5,060 trips per day'. Based on this trip generation, the proposed project will generate the following pollutants. Running Exhaust Emissions (pounds/day) PM10 PM10 PM10 CO ROC NOx Exhaust Brakes Tires 45 mph 149.4 6.7 26.8 -- 0.67 0.67 5 1 Daily Threshold 550 75 100 150 Based on 5,060 trips/day and average trip length of 6 miles, using EMFAC7G Model provided by California Air Resources Board. Assumes catalytic light autos at 75°F. * Operational thresholds provided by SCAQMD for assistance in determining the significance of a project and the need for an EIR. The proposed project will not exceed any threshold for the generation of moving emissions, as established by the South Coast Air Quality Management District in determining the need for an EIR. The impacts to air quality relating to chemical pollution are not expected to be significant. III. c) The Coachella Valley is a non -attainment area for PM10 (particulate matter of "La Quinta Old Town Traffic Impact Analysis," prepared by Endo Engineering, November 2001 P:\STAN\WeNsEA-Addend.WPD 1 U (2 2 10 microns or smaller). The construction of the proposed project has the potential to generate dust, which could contribute to PM10 concentrations in the Valley. In order to control PM10, the City has imposed standards and requirements on development to control dust. The applicant will be required to submit a PM10 Management Plan prior to initiation of any earth moving activity at the site. In addition, the potential impacts associated with PM10 can be mitigated by the measures below. 1. Construction equipment shall be properly maintained and serviced to minimize exhaust emissions. 2. Existing power sources should be utilized where feasible via temporary power poles to avoid on -site power generation. 3. Construction personnel shall be informed of ride sharing and transit opportunities. 4. Cut and fill quantities will be balanced on site. 5. Any portion of the site to be graded shall be pre -watered to a depth of three feet prior to the onset of grading activities. 6. Watering of the site or other soil stabilization method shall be employed on an on -going basis after the initiation of any grading activity on the site. Portions of the site that are actively being graded shall be watered regularly to ensure that a crust is formed on the ground surface, and shall be watered at the end of each work day. 7. Landscaped areas shall be installed as soon as possible to reduce the potential for wind erosion. Parkway landscaping on Calle Tampico, Avenida Bermudas and Desert Club Drive shall be installed with the first phase of the proposed project. 8. SCAQMD Rule 403 shall be adhered to, insuring the clean up of construction -related dirt on approach routes to the site. 9. All grading activities shall be suspended during first and second stage ozone episodes or when winds exceed 25 miles per hour. With the implementation of these mitigation measures, the impacts to air quality from buildout will not be significant. 38,� P:\STAN\WeIIsEA-Addend.WPD 2 U 2 V. b) A cultural resource survey was completed for the proposed project'. The survey included both a records search and field survey. The site has been previously graded, and had a low potential for surficial archaeological resources. The field survey confirmed that no artifacts or historically significant features were present at the site. The study recommends, however, that the following mitigation measure be required: 1. Should any earth moving activity on the site uncover a potential archaeological resource, all activity on the site shall stop until such time as a qualified archaeologist has evaluate the resource, and recommended mitigation measures. The archaeologist shall also be required to submit to the Community Development Department, for review and approval, a written report on all activities on the site prior to occupancy of the first building on the site. The Historic Preservation Commission during their review of the report requested that all trenching below graded levels be monitored by an archaeological monitor. VI. a) i) & ii) The proposed project lies in a Zone III groundshaking zone. The property, as with the rest of the City, will be subject to significant ground movement in the event of a major earthquake. Structures on the site will be required to meet the City's and the State's standards for construction, which include Uniform Building Code requirements for seismic zones. The City Engineer will require the preparation of site -specific geotechnical analysis in conjunction with the submittal of grading plans. This requirement will ensure that impacts from ground shaking are reduced to a less than significant level. Vill. b) The Coachella Valley Water District provides domestic water to the subject property. All buildings within the Specific Plan area will be required to implement the City's standards for water conserving plumbing fixtures and on - site retention, which both aid in reducing the potential impacts associated with groundwater. The commercial businesses which will eventually occupy the site will use less water than residential development. The proposed project will also meet the requirements of the City's water -conserving landscaping ordinance. These standards will reduce potential impacts to a less than significant level. 2 "Historical/Archaeological Resources Survey Report La Quinta Village Project," prepared by CRM Tech, July 2001. 390 P:\STAN\WeIIsEA-Addend.WPD 3 o 2 4 VIII. d) The proposed project will result in buildings and parking lots on a parcel which is currently vacant. The land in its current condition allows the free flow of stormwater, and some ponding in this part of the City. The City Engineer will require that all phases of the project retain the 100 year 24 hour storm on -site. This will control the amount of runoff which exits the site during a storm, and should eliminate the ponding of storm water on surrounding roadways. The project's drainage plan will be reviewed and approved by the City Engineer prior to the issuance of grading permits. These standards will reduce the potential impacts associated with surface water to a less than significant level. VIII. g) A portion of the site (northeast corner) occurs within the boundaries of the flooding area for the 100 year storm, as mapped by FEMA. The balance of the site occurs within the boundaries of the 500 year storm. The City Engineer will require that all buildings be designed according to standards for flood zones, such as raised foundations. The building and grading plans will be reviewed and approved by the City prior to the issuance of grading permits, ensuring that the proposed project will not be impacted by flooding in the future. XI. c) The construction of the proposed project will generate noise from construction equipment and activities. There are no sensitive receptors immediately adjacent to the proposed project however. The impacts of temporary noise at and around the project site are not expected to be significant. XIII. a) The proposed project will be served by the County Sheriff and Fire Department, under City contract. Buildout of the proposed project will generate sales and property tax which will offset the costs of added police and fire services. To offset the potential impacts on City traffic systems, the project will be required to participate in the City's Impact Fee Program. Site development is not expected to have a significant impact on municipal services or facilities. XV. a) & b) A Traffic Impact Study was completed for the proposed project3. The study analyze not only traffic on immediately adjacent streets, but also intersections further removed from the project site. The analysis found that the project would generate 5,060 daily trips at buildout, of which 800 will occur at the 3 "La Quinta Old Town Traffic Impact Analysis," prepared by Endo Engineering, November 2001. 391 P:\STAN\WeIIsEA-Addend.WPD 4 - U 44. 5 AM peak hour, and 614 at the PM peak hour. The study also found that the project will reduce levels of service on City roadways, but not to a significant level with the addition of off -site improvements needed to accommodate this additional traffic. These improvements include the signalization of Avenida Bermudas and Avenue 52, and the addition of another left turn lane to Calle Tampico at Washington Street. The project proponent will be required to participate in these projects through the payment of Transportation Impact Fees, which are designed to offset costs to the City's transportation system. The City Engineer will also review and approve all circulation plans for the proposed project as part of the construction review process. These standards, and the recommended improvements in the traffic study, will ensure that impacts to the roadway system as a result of buildout of this project are reduced to a less than significant level. 026 392 P:\STAN\WeIIsEA-Addend.WPD 5 ►E2 i t a� Q a� a� 3 ch N 0 0 N 0 a A U W d W A U� zA �.7 �W ox UU b y U W y O bA O O U o, o o. a coo vn to b yr O 0 O 0 U O O z U O U y Cd U cn U F U = U �U U U �O �O . A �O to U U a a CIL. a, a; a. 40 a a o Zz d 00 0 V Q41) a = w w E� U U U m U A m kn N Cd z c a o o E 0 -o �.y y cn to ❑ CO 4) � Mo cz cCd b 0-4 N Q N 'G bq a 3 0 0 m 2 3a u27 z a a W d A U � WAW a U W U� cd id o 0 � o 0 a a rA N N � � Q A A a a O 0 0 zz z A A cc 0 a UA UA o z� oril E� a O • � o a�i o .� a� c� a� � a cdbo o 394 o28 RESOLUTION NO. 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE PRINCIPALS AND GUIDELINES OF A SPECIFIC PLAN FOR A COMMERCIAL COMPLEX SPECIFIC PLAN 2002-058 MARVIN INVESTMENTS WHEREAS, the City Council of the City of La Quinta did on the 4th day of June, 2002, hold a duly noticed public hearing to consider the request of Marvin Investments for approval of Specific Plan development principals and guidelines for a commercial complex, located on the south side of Calle Tampico, between Avenida Bermudas and Desert Club Drive, more particularly described as: APN's: 770-121-001, 770-121-002, 770-121-003, 770-123-001, and 770-124-005 WHEREAS, said Specific Plan has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-68), in that the Community Development Department has conducted an Initial Study (Environmental Assessment 2001-450), and determined that the proposed Specific Plan will not have a significant impact on the environment and a Mitigated Negative Declaration of Environmental Impact has been certified; and, WHEREAS, the La Quinta Planning Commission on May 28, 2002, did consider the Specific plan and recommended to the City Council approval of the Project; and, WHEREAS, at said public hearing 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 justify approval of the Specific Plan: 1 . The Specific Plan, as proposed, is consistent with the goals and policies of the La Quinta General Plan including that the property proposed for the commercial project is designated as Village Commercial which is consistent. 2. The Specific Plan, subject to conditions, will not create conditions materially detrimental to the public health, safety, and general welfare in that the commercial development allowed under the Specific Plan is compatible with existing uses and surrounding zoning, and development standards and infrastructure proposed in the Specific Plan will ensure high quality 395 development. U29 p:\stan\sp 2002-058 cc res.frm Resolution No. 2002- Specific Plan 200-058 Marvin Investments Adopted: 3. The Specific Plan will provide land use compatibility with zoning on adjacent properties in that the project principles and guidelines ensure that the proposed adjacent uses will not be negatively impacted. 4. The Specific Plan project is suitable and appropriate for the property in that the property has been designated for commercial use and development will comply with applicable City requirements. NOW, THEREFORE, BE IT 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 City Council in this case. 2. That it does hereby approve the above -described Specific Plan request for the reasons set forth in this Resolution, subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 4th day of June, 2002, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California u30 396 p:\stan\sp 2002-058 cc res.frm Resolution No. 2002- Specific Plan 200-058 Marvin Investments Adopted: APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 031. 397 p:\stan\sp 2002-058 cc res.frm Resolution No. 2002- Conditions of Approval - Recommended Specific Plan 2002-058 June 4, 2002 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 Specific Plan, or any other application pertaining thereto. 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. This Specific Plan, and any related Final Map submitted thereunder, shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC") . The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www:la-quinta.org. 3. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain the necessary clearances and/or permits from the following agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. 4. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County rJ 3 2 9g P:\STAN\sp 2002-058 cc coa.wpd Printed May 29, 2002 Page 1 of 15 Resolution No. 2002- Conditions of Approval - Recommended Specific Plan 2002-058 June 4, 2002 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 five (5) acres or more of land, or that disturbs less than five (5) acres of land, but which is a part of a construction project that encompasses more than five (5) acres of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). 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") (8.70.020 (Definitions), LQMC): 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. E. All of applicant's erosion and sediment control BMPs shall be approved by the City Engineer prior to any on or off site grading being done in relation to this project. F. All approved project BMPs shall be maintained in their proper working order throughout the course of construction, and until all improvements have been accepted by the City. 5. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 399 A3 P:\STAN\sp 2002-058 cc coa.wpd Printed May 29, 2002 Page 2 of 15 Resolution No. 2002- Conditions of Approval - Recommended Specific Plan 2002-058 June 4, 2002 PROPERTY RIGHTS 6. 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. 7. The applicant shall offer for dedication on the related Final Parcel Map 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. 8. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Avenida Bermudas - The applicant shall dedicate right of way to accommodate the existing bus stop turn out or modifications to the bus turn out as a result of the proposed development. The proposed right of way shall extend a minimum of 10 feet behind the bus turn out curb or even with the bus stop pad, whichever is greater. 9. The applicant shall retain for private use on the related Final Parcel Map all private 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. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. 1 1 . When the City Engineer determines that access rights to the proposed street right-of- ways shown on the approved related Tentative Parcel Map are necessary prior to approval of the related Final Parcel Map dedicating such right-of-ways, the applicant shall grant the necessary right-of-ways within 60 days of a written request by the City. 400 o34 P:\STAN\sp 2002-058 cc coa.wpd Printed May 29, 2002 Page 3 of 15 Resolution No. 2002- Conditions of Approval - Recommended Specific Plan 2002-058 June 4, 2002 12. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, common areas on the related Final Parcel Map. 13. The applicant shall vacate all abutter's right -of -access to public streets and properties from all frontages along such public streets and properties, excepting those access points shown on the related Final Parcel Map. 14. 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. 15. When an applicant proposes the vacation, or abandonment, of any existing right-of- way, or access easement, which will diminish the access rights to any properties owned by others, the applicant shall provide an alternate right-of-way or access easement, to those properties, or notarized letters of consent from the affected property owners. 16. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the related Tentative Parcel Map and the date of recording of any related Final Parcel Map, unless such easement is approved by the City Engineer. RELATED FINAL PARCEL MAPS 17. Prior to the City's approval of a related Final Parcel Map, the applicant shall furnish accurate AutoCAD files of the related Final Parcel Map that was approved by the City's map checker on a storage media acceptable to the City Engineer. Such files shall be in a standard AutoCAD format so as to be fully retrievable into a basic AutoCAD program. Where a related Final Parcel Map was not produced in an AutoCAD format, or produced in a file that can be converted to an AutoCAD format, the City Engineer will accept a raster -image file of such related Final Parcel Map. 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 their4 o 1 respective professions in the State of California. U 3 J P:\STAN\sp 2002-058 cc coa.wpd Printed May 29, 2002 Page 4 of 15 Resolution No. 2002- Conditions of Approval - Recommended Specific Plan 2002-058 June 4, 2002 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 Section 13.24.040 (Improvement Plans), LQMC. 19. 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. Perimeter Landscape Plan: 1 " = 20' Horizontal B. Site Development Plans: 1 " = 30' Horizontal C. On -Site Utility Plan: 1 " = 40' Horizontal D. On -Site Landscape Plan: 1 " = 20' Horizontal E. Off Site Street Improvement and Striping Plans: 1 " = 40' 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. "Site Development" 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 ADA requirements; and show the existing street improvements out to at least the center lines of adjacent existing streets. "Site Utility" plans shall normally include all sub -surface improvements including but not necessarily limited to sewer lines, water lines, fire protection and storm drainage systems. 20. The City maintains standard plans, detail sheets and/or construction notes for elements of construction. For a fee, established by City Resolution, the applicant may purchase such standard plans, detail sheets and/or construction notes from the City. 21. The applicant shall furnish a complete set of the AutoCAD files of all approved improvement plans on a storage media acceptable to the City Engineer. The files shall be saved in a standard AutoCAD format so they may be fully retrievable through a basic AutoCAD program. P:\STAN\sp 2002-058 cc coa.wpd Printed May 29, 2002 Page 5 of 15 Resolution No. 2002- Conditions of Approval - Recommended Specific Plan 2002-058 June 4, 2002 At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the AutoCAD files in order to reflect the as -built conditions. Where the improvement plans were not produced in a standard AutoCAD format, or a file format that can be converted to an AutoCAD format, the City Engineer will accept raster -image files of the plans. IMPROVEMENT SECURITY AGREEMENTS 22. Prior to the conditional approval of any related Parcel Map, or the issuance of any permit(s), the applicant shall construct all on and off -site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement ("SIA") guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 23. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Specific Plan, shall comply with the provisions of Chapter 13.28 (Improvement Security), LQMC. 24. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. 25. When improvements are phased through a "Phasing Plan," or an administrative approval (e.g., Site Development Permits), all off -site improvements and common on - site improvements (e.g., backbone utilities, storm drain improvements, perimeter walls, landscaping and gates) shall be constructed, or secured through a SIA, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer. Improvements and obligations required of each subsequent phase shall either be completed, or secured through a SIA, prior to the occupancy of permanent buildings within such latter phase, or as otherwise approved by the City Engineer. In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to 403 the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the 3 ,� project, or call upon the surety to complete the improvements. P:\STAN\sp 2002-058 cc coa.wpd Printed May 29, 2002 Page 6 of 15 Resolution No. 2002- Conditions of Approval - Recommended Specific Plan 2002-058 June 4, 2002 26. When improvements are to be secured through a SIA, and prior to any conditional approval of the related Parcel Map by the City Council, the applicant shall submit detailed construction cost estimates for all proposed on -site and off -site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule adopted by City resolution, or ordinance. For items not listed in the City's unit cost schedule, the proposed unit costs shall be approved by the City Engineer. At the time the applicant submits its detailed construction cost estimates for conditional approval of the related Parcel Map by the City Council, the applicant shall also submit one copy each of an 8-1 /2" x 11 " reduction of each page of the related Parcel Map, along with a copy of an 8-1 /2" x 11 " Vicinity Map. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. Development -wide improvements shall not be agendized for final acceptance by the City Council until the City receives confirmation from the telephone authority that the applicant has met all the requirements for telephone service to all lots within the development. 27. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. GRADING 28. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 29. 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. 404 A8 P:\STAN\sp 2002-058 cc coa.wpd Printed May 29, 2002 Page 7 of 15 Resolution No. 2002- Conditions of Approval - Recommended Specific Plan 2002-058 June 4, 2002 30. 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 qualified engineer or architect, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, and C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. A statement shall appear on the related Parcel Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. 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. 31. 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. 32. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape areas outside the right of way unless otherwise approved by the City Engineer. 33. Building pad elevations of perimeter lots shall not differ by more that one foot from the building pads in adjacent developments. 34. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. Building pad elevations on contiguous interior lots shall not differ by more than three feet. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 405 u 3 9 P:\STAN\sp 2002-058 cc coa.wpd Printed May 29, 2002 Page 8 of 15 Resolution No. 2002- Conditions of Approval - Recommended Specific Plan 2002-058 June 4, 2002 35. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus three tenths of a foot from the elevations shown on the related approved Tentative Parcel Map or Village Use Permits, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 36. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. 37. This development shall comply with Chapter 8.11 (Flood Hazard Regulations), LQMC. If any portion of any proposed building lot in the development is or may be located within a flood hazard area as identified on the City's Flood Insurance Rate Maps, the development shall be graded to ensure that all floors and exterior fill (at the foundation) are above the level of the project (100-year) flood and building pads are compacted to 95% Proctor Density as required in Title 44 of the Code of Federal Regulations, Section 65.5(a) (6). Prior to issuance of building permits for lots which are so located, the applicant shall furnish elevation certifications, as required by FEMA, that the above conditions have been met. DRAINAGE 38. The applicant may discharge run off generated from the development to the existing storm drain system. 39. Nuisance water shall be retained on site in an acceptable manner. 40. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 41. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. UTILITIES 42. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 4�s Of4o P:\STAN\sp 2002-058 cc coa.wpd Printed May 29, 2002 Page 9 of 15 Resolution No. 2002- Conditions of Approval - Recommended Specific Plan 2002-058 June 4, 2002 43. 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. 44. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 45. 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. PARKING LOT/STREET IMPROVEMENTS AND ACCESS POINTS 46. General access points and turning movements of traffic are limited to the following: A. Primary Entry: Mid Block on Calle Tampico - Right turn in, Right turn out. B. Primary Entry: Mid Block on Avenida La Fonda - Right turn in, Right turn out. C. Primary Entry(s): Two entries are allowed on Avenida Bermudas - Full turning movements. D. Primary Entry(s): Two entries are allowed on Desert Club Drive - Full turning movements. 47. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. Mid -block street lighting on public streets is not required. However, if provided, it shall match the existing light fixtures found elsewhere in the Village. 48. 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 qualified engineers. 407 At P:\STAN\sp 2002-058 cc coa.wpd Printed May 29, 2002 Page 10 of 15 Resolution No. 2002- Conditions of Approval - Recommended Specific Plan 2002-058 June 4, 2002 49. The applicant shall modify the Avenida Bermudas bus turn out as necessary to accommodate proposed driveway(s). The bus turn out modification is subject to approval by the City Engineer and SunLine Transit Agency. 50. The applicant shall construct a six foot wide concrete sidewalk along the perimeter of the project on Avenida Bermudas and Desert Club Drive. The perimeter sidewalk improvements shall be completed as part of the Phase I improvements as shown in the Specific Plan. 51. The applicant shall construct the backbone drive isles and parking areas in Phase I as shown in the Specific Plan. 52. Crosswalk design, locations and construction shall be determined during consideration of Site Development Permit approval by the City. CONSTRUCTION 53. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphaltic concrete and Portland cement concrete. The submittal shall include the test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include the most recent (less than six months old at the time of construction) aggregate gradation test results confirming that the design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs have been approved. 54. The City will conduct final inspections of habitable buildings only when the buildings have improved street and parking lot improvements and (if required) sidewalk access to publicly -maintained streets. The improvements shall include required traffic control devices, pavement markings, parking lot striping and signs. If drive isles and parking lots are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of any building within the development. LANDSCAPING 55. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 56. The applicant shall provide landscaping in the required setbacks, common lots and 448 park areas. U 4 2 P:\STAN\sp 2002-058 cc coa.wpd Printed May 29, 2002 Page 11 of 15 Resolution No. 2002- Conditions of Approval - Recommended Specific Plan 2002-058 June 4, 2002 57. Landscape and irrigation plans for landscaped lots and setbacks, medians, and parks shall be signed and stamped by a licensed landscape architect. The applicant shall submit the landscape plans for approval by the Community Development Department (CDD), prior to plan checking by the Public Works Department. When plan checking has been completed by CDD, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the City Engineer. NOTE: Plans are not approved for construction until signed by the City Engineer. 58. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 18 inches of curbs along public streets. QUALITY ASSURANCE 59. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 60. The applicant shall employ, or retain, qualified engineers, surveyors, and such other appropriate professionals as are required to provide the expertise with which to prepare and sign accurate record drawings, and to provide adequate construction supervision. 61. The applicant shall arrange for, and bear the cost of, all measurements, sampling and testing procedures not included in the City's inspection program, but which may be required by the City, as evidence that the construction materials and methods employed comply with the plans, specifications and other applicable regulations. 62. Upon completion of construction, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing," "As -Built" or "As - Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all AutoCAD or raster -image files previously submitted to the City, revised to reflect the as -built conditions. MAINTENANCE =4 63. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. A 3 P:\STAN\sp 2002-058 cc coa.wpd Printed May 29, 2002 Page 12 of 15 Resolution No. 2002- Conditions of Approval - Recommended Specific Plan 2002-058 June 4, 2002 64. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, private streets, perimeter landscaping, access drives, and sidewalks. FEES AND DEPOSITS 65. The applicant shall comply with the provisions of Section 13.24.180 (Fees and Deposits), LQMC. 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. 66. Within 10 calendar days of City Council approval of this specific plan, the applicant shall submit to the Community Development Department, a check made out to the "County of Riverside" in the amount of $64.00 to permit the filing and posting of Environmental Assessment 2002-450 (De Minimus finding). FIRE DEPARTMENT 67. Approved super hydrants shall be located not less than 25 feet nor more than 165 feet from any portion of the buildings as measured along vehicular travel ways. 68. Blue dot reflectors shall be placed in the street 6 inches from centerline to the side that the fire hydrant is on, to identify the fire hydrant locations. 69. The water mains shall be capable of providing a potential fire flow of 4000 gpm and the actual fire flow from any two adjacent hydrants shall be 2000 gpm for a 2-hour duration at 20 psi residual operating pressure. 70. Building plans shall be submitted to the Fire Department for plan review to run concurrent with the City plan check. 71. Water plans for the fire protection system (fire hydrants, etc.) shall be submitted to the Fire Department for approval prior to issuance of a building permit. 72. City of La Quinta ordinance requires all commercial buildings 5,000 square feet or larger to be fully sprinkled (NFPA 13 Standard). Sprinkler plans will need to be submitted to the Fire Department. 73. Any operation that produces grease -laden vapors will require a hood/duct system for fire protection (restaurants, drive-thru's, etc.). A110 P:\STAN\sp 2002-058 cc coa.wpd Printed May 29, 2002 Page 13 of 15 Resolution No. 2002- Conditions of Approval - Recommended Specific Plan 2002-058 June 4, 2002 74. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. 75. The applicant or developer shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or signs. Streets shall be a minimum 20 feet wide with a height of 13'-6" clear and unobstructed. 76. Install a KNOX key box on each commercial suite (Contact the Fire Department for an application). 77. Install portable fire extinguishers as required by the California Fire Code. MISCELLANEOUS 78. All conditions of approval shall either be included in the specific plan text or attached, as appropriate. Five copies of the final approved specific plan shall be submitted to the Community Development Department within 30 days of final approval by the City Council. 79. As required by the Zoning Code, parking lots shall be screened from street view adjacent to public streets with a combination of short decorative walls and landscaping. 80. Parking lot lighting shall use fixtures at a 12 feet high maximum. 81. Bicycle racks shall be provided per Zoning Code requirements for each phase. 82. Prior to issuance of the first building permit for the first Village Use permit, a sign program per Zoning Code requirements shall be submitted to the Planning Commission for approval. The program shall provide diversity so that adjacent buildings have signs of different styles, colors, etc. 83. Comments of the Riverside County Sheriff's Department in their letter dated May 8, 2002, on file in the Community Development Department, shall be considered during development of the project. u4 411 P:\STAN\sp 2002-058 cc coa.wpd Printed May 29, 2002 Page 14 of 15 Resolution No. 2002- Conditions of Approval - Recommended Specific Plan 2002-058 June 4, 2002 84. Building pad "E" or "F" (Phase II area) shall be planted with turf and irrigated in conjunction with Phase I and provided with a minimum one driveway for an overflow parking area. Driveway locations to be approved by the Public Works and Community Development Departments. 412 �40 P:\STAN\sp 2002-058 cc coa.wpd Printed May 29, 2002 Page 15 of 15 ATTACHMENT 1 EISEN HOWER DRIK rn z z CALLS TAMPKA � SIT E AVENIQA� LA FONDA v O Z� ww Wo °D N cI 52nd AVENUE CASE MAP ORTH CASE No. SP 2002-058 MARVIN INVESTMENTS SCALE: NTS 13 N ATTACHMENT #3 Planning Commission Minutes May 28, 2002 Commissioners Tyler/Butler to adopt Planning C mission Resolution 2002-054 recommending certification of a Addendum to Riverside County Environmental Impact Re ort No. 232 prepared for Specific Plan 218 Amendment No. , pursuant to the findings. ROLL CALL: AYES: Commissioners Butler, Xrk, Tyler, and Chairman Abels. NOES: None. ABS T: Commissioner Robbins. ABSTAIN: None. 11. It was moved and seconde y Commissioners Kirk/Tyler to adopt Planning Commission esolution 2002-055 recommending certification of a Mitig ed Negative Declaration of environmental Impact for Environ ntal Assessment 2002-447, pursuant to the findings. ROLL CALL: AYES- Commissioners Butler, Kirk, Tyler, and Chairman Ab s. NOES: None. ABSENT: Commissioner Robbins. STAIN: None. 12. It Wa"*s moved and seconded by Commissioners Butler/Kirk to adopt Planning Commission Resolution 2002-056, recommending approval of Zone Change 2002-107 subject to the findings. ROLL CALL: AYES: Commissioners Butler, Kirk, Tyler, and Chairman Abels. NOES: None. ABSENT: Commissioner Robbins. ABSTAIN: None. Commissioner Robbins rejoined the Commission. D. Environmental Assessment 2002-450 and Specific Plan 2002-058; a request of Marvin Investments for certification of a Mitigated Negative Declaration of environmental impact and review of development principals and guidelines for a 127,517 square foot commercial complex in nine buildings on six acres located on the south side of Calle Tampico, between Avenida Bermudas and Desert Club Drive and the southeast corner of Calle Tampico and Desert Club Drive. 1. Chairman Abels opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 414 IWj G:\WPDOCS\PC Minutes\5-28-02.wpd 7 Planning Commission Minutes May 28, 2002 2. Chairman Abels asked if there were any questions of staff. Commissioner Tyler asked if Calle Tampico had a height restriction of 35 feet. Community Development Director Jerry Herman stated it does have that designation; however, the Planning Commission and City Council adopted a General Plan policy that states this designation is not applicable to Calle Tampico. Commissioner Tyler asked staff to review the locations for the shared parking areas. 3. Commissioner Kirk asked staff to characterize the use of the parking lot. Staff noted it is used very sparsely. Commissioner Kirk asked why the City built this parking lot. Staff noted it was intended to be supplemental parking for downtown uses. Commissioner Kirk asked about the final street improvements for La Fonda. Staff stated they are budgeted for the next fiscal year. Commissioner Kirk stated he had met with the applicant and had several informal discussions regarding the project. 4. Commissioner Robbins asked if staff was comfortable with the parking being provided on site. Community Development Director Jerry Herman stated the last projects reviewed and approved by the Planning Commission/City Council were approved with the shared parking policy. 5. Commissioner Tyler asked that the last sentence of Condition 21 be deleted. 6. Chairman Abels noted he too had met with the applicant in regard to the project. 7. Chairman Abels asked if the applicant would like to address the Commission. Mr. Wells Marvin, applicant, gave a presentation on the project and discussed conditions he would ask the Commission to modify or delete. Ms. Margo Thibeault, Mainiero Smith and Associates, asked for clarification on Condition #12, as they believe it will compromise their street -scene and street design and would like to request that no specification be required on the size of the width. They would like to work out the width of the utility easement with Imperial Irrigation District. Condition #51, there is an existing bus turnout on Avenida Bermudas and they are not proposing any changes or relocation to the bus stop so they are 415 G:\WPDOCS\PC Minutes\5-28-02.wpd 8 Planning Commission Minutes May 28, 2002 asking for clarification on the purpose of the condition. Condition #52 there are existing sidewalks on most of the perimeter of the site and clarified that where there are no sidewalks on Avenida Bermudas they will be installing sidewalks. On Avenida La Fonda the City will be completing the improvements and the sidewalks are complete on Calle Tampico and Desert Club Drive. Condition #54 there is no room for pedestrian refuse. Condition #59 there are no retention basins on site and would like any reference to a retention basin deleted. Condition #61 refers to the bus turn out again and they need clarification as to what is being required of them. Condition #88 they believe one driveway is sufficient for the overflow parking area. 8. Chairman Abels asked if there were any questions of the applicant. Commissioner Kirk asked the applicant to explain the use of the palms for the primary street trees as they will not be providing shade. Mr. Marvin stated they are the same palms used in the center islands on Avenida La Fonda. They are providing 12- 14 foot arcades to provide shade to pedestrians on every elevation on the north side. The parking areas will have shade trees. Commissioner Kirk asked if there was an access point between the Arts Foundation and his project. Mr. Marvin stated there will be a space at this location, but not sure it will be an access point. Commissioner Kirk asked if Mr. Marvin was concerned about the mid -block crosswalk on Desert Club Drive because of the traffic speeds. Mr. Marvin stated he agrees with the sidewalk, but without the refuge and not at the location indicated by staff, as the road is not wide enough to make it practical. 9. Commissioner Kirk asked staff to address the concerns raised. Senior Engineer Steve Speer stated that due to the applicant's reliance on parking that is on the far side of the street and not on its own site, the City parking lot takes up a significant amount of space on the west side of the street. Staff believes this will cause a lot of mid -block crossing if crosswalks are not defined. The City has installed it's first mid -block sidewalks on Calle Estado. The City is proposing the same on Desert Club Drive to create the same street scene where the pedestrian only have to cross 14-feet of street and then the refuge and 14 feet to the other side. Parking would not be allowed on either side of the street in this area. The crosswalk would also be raised to create a slight speed 4 G:\WPDOCS\PC Minutes\5-28-02.wpd 9 (! 5 1. Planning Commission Minutes May 28, 2002 bump to slow traffic down. The same crosswalk design would be installed on Avenida Bermudas. Commissioner Kirk asked if it would not be better to direct pedestrians down the main street rather than to the parking lot. Senior Engineer Steve Speer stated the location was chosen to not impede any left turns. Discussion followed as to crosswalk designs and locations. 10. Commissioner Tyler asked staff to explain a "pedestrian refuge". Senior Engineer Steve Speer explained it is a raised median with raised planters . and a 45-degree cut -through between for the pedestrian traffic and would be approximately 10 feet wide. In regard to the other concerns raised, they would remove Condition #55 as it is covered in the specifications. Staff would not require a specific number of the trash receptacles until the site plans was submitted (Condition #84). In regard to the Imperial Irrigation District (IID) easement, staff will work with the applicant and IID in regard to the width for the public easement (Condition #12). Condition #52 is appropriate as written. In regard to the bus stop (Conditions #51 and #61), the City is asking them to work with Sunline in regard to their requirements. Condition #59, the "retention basin" would be deleted. 11. Commissioner Tyler asked about Condition #87 which references a letter from the Sheriff's Department, it was not contained in their packet. Mr. Marvin stated they would work with the Sheriff's Department in regard to any of their concerns. 12. Commissioner Kirk noted that on Exhibit 13, on the north side of Main Street, there are two covered arcades, one with the arches which is outstanding and the other with a tiled pitched roof, where the parapet walls does not work. Mr. Marvin stated the look is to resemble the La Quinta Hotel shops. They want a variety of building styles with arcades to resemble the Santa Barbara look. In regard to the location of the crosswalk on Desert Club Drive he would prefer to have it at the end of the Main Street and again he does not think it would be appropriate to have a refuge at this location. There is no room on Desert Club Drive. In regard to the utility easements, this site is surrounded by existing street and they could have built it out without putting any streets through it. They can service with water and power all the buildings from the perimeter. If they have to put a five or ten foot easement on either or both sides of the street, it eliminates their ability to make 417 ,)52 G:\WPDOCS\PC Minutes\5-28-02.wpd 10 Planning Commission Minutes May 28, 2002 the tree well sizes adequate for the palm trees. They are requesting they be able to work this out with IID In regard to the Sunline, if the City owns the street and accommodates Sunline, it should remain within the City's purview as to where the bus stop should be placed and not be up to Sunline. 13. Chairman Abels commended the applicant on his proposal and asked if there was any other public comment. There being no further public comment, the public participation portion of the public hearing and opened the matter for Commission discussion. 14. Commissioner Robbins stated it is what the Village needs and he is generally in favor of the shared parking. 15. Commissioner Kirk agreed and stated he looks forward to the site plan. The applicant has made some strong points on the conditions and the applicant should be able to come to a compromise with staff on the conditions. 16. Commissioner Butler agreed it has been a long time coming and he is glad to see the project in process. 17. There being no further discussion, it was moved and seconded by Commissioners Kirk/Tyler to adopt Planning Commission Resolution 2002-056 recommending to the City Council certification of a Mitigated Negative Declaration for Environmental Assessment 2002-450, as recommended. ROLL CALL: AYES: Commissioners Butler, Kirk, Robbins Tyler, and Chairman Abels. NOES: None. ABSENT: None. ABSTAIN: None. 18. It was moved and seconded by Commissioners Kirk/Robbins to recommend approval of Specific Plan 2002-057, subject to the findings and conditions as amended: A. Condition #12: Delete B. Condition #21: Delete the sentence referring to plan check times. C. Condition #51: Delete the word "relocate" D. Condition #54: Delete as it will be reviewed during the site development permit process for Phase II and Ill. 4.1 �9 G:\WPDOCS\PC Minutes\5-28-02.wpd 11 lJ 5 3 Planning Commission Minutes May 28, 2002 E. Condition #55: Delete F. Condition #59: Delete the word "retention basin". G. Condition #61: Delete as it will be reviewed during the site development permit process for Phase II and III H. Condition #84: Delete I. Condition #88: Provide one driveway rather than two. ROLL CALL: AYES: Commissioners Butler, Kirk, Robbins Tyler, and Chairman Abels. NOES: None. ABSENT: None. ABSTAIN: None. Chairman Abels recessed the meeting at 9:00 p.m. and reconvened at 9:05 p.m. E. 2 2-736• a request of Tenet Care California, Inc. for Certification of a Miti ated Negative Declaration of Environmental Impact and review of buildi elevations and landscaping plans fora 25,486 square foot medical acility located on the east side of Washington Street between Avenue 4 and 48. 1. Chair n Abels opened the public hearing and asked for the staff report. rincipal Planner Fred Baker presented the information containedXn the staff report, a copy of which is on file in the Community evelopment Department. 2. Chairman Abel asked if there were any questions of staff. Commissioner Tyter questioned Condition #--. Why is he access on Caleo Bay is no jallitgned with Dulce Del Mar. Staff explained it was for shielding he projects. 3. Chairman Ables asked i he applicant would like to address the Commisison. Mr. Jim He y, representing the applicant, gave a presentation on the project. regard to the off -set driveway they would like to shield the traffic rom the two projects. 4. Commissioner Kirk asked if the hast and west elevations were reversed on accident. Mr. Henry st ted that was corect. 5. Chairman Abels asked if there was any other public comment. 6. There being no further public comment, Chai Abels closed the public participation portion of the public he�;n g and opened the matter for Commission discussion. 4 l .9 � i5i G:\WPDOCS\PC Minutes\5-28-02.wpd 12 c&4 4 XP QK&M COUNCIL/RDA MEETING DATE: June 4, 2002 Public Hearing to Approve an Amendment to Specific Plan 99-036 (La Quinta Corporate Centre), A Request to Change Development Standards for a Partially Completed Commercial/Light Industrial Center on 36 ± Acres Located on the North Side of Highway 111 between Adams Street and Dune Palms Road Applicants: Sky West Corporate Centre Group LLC and City of La Quinta RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 57 1. Adopt a Resolution of the City Council to approve Specific Plan 99-036 Amendment #1, subject to findings and conditions. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Property History Specific Plan 99-036 was approved by the City Council on September 7, 1999, and involves 36± acres of noncontiguous property located on the north side of Highway 1 1 1 between Dune Palms Road and Adams Street (Attachment 1). The Plan envisioned development of light industrial uses, retail/office uses, a fitness center, a self -storage facility, and a gasoline service station. The Regional Commercial and Commercial Park designations were instituted to encourage the development of more intense commercial uses on the Highway 1 1 1 Corridor, and business park or quasi -industrial uses along the stormwater channel, respectively. 40OC700 Developments in the La Quinta Corporate Centre are the J. Paul Building (SDP 2000- 669), USA Gas Station (CUP 99-046), World Gym (SDP 2000-682), and Storage USA (SDP 2000-673; Phase 2 only). On May 14, 2002, the Planning Commission adopted Resolution 2002-049 approving Site Development Permit 2002-734 which allows development of a two-story commercial building of 34,270 square feet on 2.25 acres on Corporate Centre Drive, utilizing a contemporary Southwest architecture (Attachments 2 and 3). This development was processed concurrently with the Commission's review of Specific Plan 99-036 Amendment #1. Consequently, the developer is waiting for the City Council's review of this amendment request to determine whether or not office and medical uses are permitted in Planning Area #1 of Specific Plan 99-036. The appeal period for SDP 2002-734 expired on May 29, 2002. Project Request The proposed amendment consists of land use and text changes. The text changes include updating the document based on completed work and discussions with future tenants. As an example, staff has received a request to allow office and medical uses in Planning Area #1 which is currently not allowed (Attachment 4). In terms of site plan changes, the proposed highlight modifications allow the Planning Commission flexibility to modify certain development standards during consideration of Site Development and Conditional Use Permit applications (Attachment 5). The Specific Plan document, as revised, complies with the City's newly adopted General Plan. The City's involvement with this application was necessary because multiple properties were affected and the Sky West Corporate Centre Group only controlled three of the affected parcels. Planning Commission Review On May 14, 2002, the Planning Commission, on a 4-0 vote, adopted Resolution 2002- 048 recommending to the City Council approval of an amendment to Specific Plan 99- 036 concurrently with their review of Site Development Permit 2002-734 (Attachment 6). Public Notice This project was advertised in the Desert Sun newspaper on May 23, 2002, and mailed to all affected property owners and those within 500-feet of the site. To date, no comments have been received from adjacent property owners. Any written comments received will be handed out at the meeting. Agency Comments A copy of this request has been sent to all applicable public agencies and City Departments. All written comments received are on file with the Community 421 u��2 Development Department. Applicable comments received have been included in the recommended Conditions of Approval. FINDINGS AND ALTERNATIVES: The findings necessary to approve this request can be made, and are included in the attached Resolution. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council to approve Specific Plan 99-036 Amendment #1, subject to findings and conditions; or 2. Do not approve the above Resolution; or 3. Provide staff with alternative direction. Respectfully submitted, mmunity-U-e-velopment Director Approved for submission by: l Thomas P. Genovese, City Manager Attachments: 1 . Approved SP 99-036 Site Plan 2. SDP 2002-734, Reduced Site Plan 3. SDP 2002-734, Reduced Bldg. Elevations 4. Letter from Mr. Wood dated April 16, 2002 5. Draft Specific Plan Document in Highlighted Format 6. May 14, 2002, Planning Commission Minutes (Excerpt) 422 0 3 RESOLUTION NO. 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING REVISED DEVELOPMENT STANDARDS AND DESIGN GUIDELINES FOR A MULTI -USE COMMERCIAL/LIGHT INDUSTRIAL CENTER ON 36 ± ACRES LOCATED GENERALLY BETWEEN ADAMS STREET AND DUNE PALMS ROAD AND NORTH OF STATE HIGHWAY 111 CASE NO.: SPECIFIC PLAN 99-036, AMENDMENT #1 APPLICANT: SKY WEST CORP. CENTRE GROUP LLC AND CITY OF LA QUINTA WHEREAS, the City Council of the City of La Quinta, California, did on the 4th day of June, 2002, hold a duly noticed Public Hearing to consider amending the development standards and design guidelines for the partially developed La Quinta Corporate Centre on 36 ± acres located generally between Adams Street and Dune Palms Road and north of Highway 1 1 1, more particularly described as: Parcels 1-12 of Parcel Map 29351 and Lots 1-4 of LLA 99-316 Portion NW 1 /4 of Section 29, T5S, R7E APN: 649-020-049 to -051 and -054 to -067 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 14th day of May, 2002, hold a duly noticed Public Hearing and on a vote of 4-0 adopted Resolution 2002-048 recommending to the City Council approval of Specific Plan 99-036 (Amendment #1), subject to findings and conditions. WHEREAS, the City Council of the City of La Quinta, California, did on the 7th day of September, 1999, approve Specific Plan development standards and design guidelines allowing retail, office, industrial and associated land uses on 36 ± acres by adoption of Resolution No. 99-1 1 1. WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings recommending approval of said Specific Plan Amendment: 1 . The proposed Specific Plan Amendment is consistent with the goals and policies of the La Quinta General Plan, and the Land Use Map for the General Plan and supports the development of regional commercial and commercial park uses north of Highway 1 1 1 to the regional stormwater channel, as conditioned. 2. The proposed Specific Plan Amendment will not be detrimental to the public health, safety and welfare, as it has been designed to be compatible with surrounding development, and conform with the City's standards and requirements, as conditioned. 4?3 0C,4 Resolution No. 2002- Specific Plan 99-036, Amendment #1 Sky West Corp. Centre Group LLC and City of La Quinta Adopted: June 4, 2002 Page 2 3. The proposed Specific Plan Amendment is compatible with the City's Zoning Ordinance in that it supports the development of commercial and industrial uses in the Regional Commercial and Commercial Park Zoning Districts, respectively. 4. Development of the proposed amended Specific Plan is compatible with the parcels on which it is proposed, and surrounding land uses as an extension of existing commercial uses along Highway 111. The project will be further reviewed through the Site Development/Conditional Use Permit process, allowing for use -specific mitigation at that time. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; 2. That it does hereby require compliance with the Conditions of Approval for the proposed Specific Plan Update; 3. That it does hereby reconfirm the conclusion that Environmental Assessment 99-383 assessed the environmental concerns of this Specific Plan pursuant to City Council Resolution No. 99-1 10; and 4. That it does hereby by approve Specific Plan 99-036 (Amendment #1) for the reasons set forth in this Resolution, subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 41h day of June, 2002, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PEIVA, Mayor City of La Quinta, California GAResocc SP99-036#1 LQCorp.doc-Greg 424 Resolution No. 2002- Specific Plan 99-036, Amendment #1 Sky West Corp. Centre Group LLC and City of La Quinta Adopted: June 4, 2002 Page 3 ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California (City Sea[) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California G:\Resocc SP99-036#1LQCorp.doc-Greg 40905 0(!d RESOLUTION NO. 2002-_ CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 99-036 (AMENDMENT #1) - LA QUINTA CORPORATE CENTRE SKY WEST CORP. CENTRE GROUP LLC AND CITY OF LA QUINTA JUNE 4, 2002 GENERAL 1.Prior to mssusnee of the first Sate Development Permit a" necessary arnenelments to the Speeifie Plan shall be submitted to the Gity and these Genditiens--of Approve' she" be appended to the Speeifie (This update will be completed by the Community Development Dept.) 2. The applicant/developer 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 specific plan 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. 3. Prior to the issuance of a grading, construction or building permit, the applicant/developer shall obtain permits and/or clearances from the following public agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside County Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) 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. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. For projects requiring project -specific NPDES G:\Condcc SP99036#1 LQCorp2002.wpd/Greg 4 6N 6 U�'7 Resolution No. 2002- Conditions of Approval - Recommended Specific Plan 99-036 (Amendment #1) - La Quinta Corporate Centre Adopted: June 4, 2002 Page 2 construction permits, the applicant shall submit a copy of the CWQCB acknowledgment of the applicant's Notice of Intent prior to issuanc2 of a grading or site construction permit. The applicant shall ensure that the required Storm Water Pollution Protection Plan is available for inspection at the project site. 4. The applicant shall comply with the terms and requirements of the in frosty et fee pregr Development Impact Fee in effect at the time of issuance of building permits. PROPERTY RIGHTS 5. Prior to the issuance of a grading, construction or building permit, the applicant shall acquire or confer required or necessary property rights including easements and rights of way. 6. The applicant shall dedicate or grant public and private 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. 7. Rights of way required of this development shall comply with the City's General Plan as follows: A. Highway 1 1 1 - the remainder of applicant's 70-foot half of a 140-foot right of way plus additional if required by Caltrans or the design of the improvements. B. Dune Palms Road - the remainder of the applicant's 44-foot half of an 88- foot right of way plus additional width at Highway 1 1 1 to accommodate dual left turn lanes. The additional width section shall be 60-foot half - width from Highway 111 to 300 feet north and taper from that point northerly to 44 feet. C. Industrial Road/Corporate Centre Drive - 64-foot right of way from western boundary (connecting to industrial road within SP 98-033) to Dune Palms Road. If right of way across the "Not A Part" property is unavailable, the applicant shall, by separate deed, grant temporary right of way for construction of cul-de-sacs at the road's termini at that property. The temporary grant shall automatically expire when the industrial road is completed and the cul-de-sacs removed. 427 O i.; 8 G:\Condcc SP99036#1 LQCorp2002.wpd/Greg Resolution No. 2002- Conditions of Approval - Recommended Specific Plan 99-036 (Amendment #1) - La Quinta Corporate Centre Adopted: June 4, 2002 Page 3 D. North/South Cul de sac - 64-foot right of way. 8. Street right of way geometry for cuts de sac, 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. 9. Dedications or grants shall include additional widths as necessary for corner dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. 10. If the City Engineer determines that street rights of way are necessary prior to development of this property, the applicant shall grant the rights of way within 60 days of written request by the City. 11. The applicant shall create perimeter setbacks along public rights of way as follows (listed setback depth is the average depth if a meandering wall design is used): A. Highway 1 1 1 - 50 feet B. Adams Street, Dune Palms Road, Industrial Road/Corporate Centre Dr., and Cul De Sac - 10 feet Setback requirements apply to all frontage including sites dedicated or granted for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall dedicate or grant blanket easements for those purposes. 12. The applicant shall dedicate or grant easements necessary for placement of and access to utility lines and structures. 13. The applicant shall dedicate or grant abutter's rights of access to public streets from all frontage except access points shown on the approved site plan. 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. 4 7 8 Ul19 GACondcc SP99036#1LQCorp2002.wpd/Greg Resolution No. 2002- Conditions of Approval - Recommended Specific Plan 99-036 (Amendment #1) - La Quinta Corporate Centre Adopted: June 4, 2002 Page 4 14. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and landscape architects, as appropriate. Plans shall be submitted on 24" x 36" media in the categories of "Rough Grading," "Precise Grading," "Streets & Drainage," and "Landscaping." All plans except precise grading plans shall have signature blocks for the City Engineer. Precise grading plans shall have signature blocks for Community Development Director and the Building Official. Plans are not approved for construction until they are signed. "Streets and Drainage" plans shall normally include signals, sidewalks, bike paths, gates and entryways, and parking lots. "Landscaping" plans shall normally include irrigation improvements, landscape lighting and perimeter walls. Plans for improvements not listed above shall be in formats approved by the City Engineer. 15. The City may maintain standard plans, details and/or construction notes for elements of construction. For a fee established by City resolution, the applicant may acquire standard plan and/or detail sheets from the City. 16. When final public street plans are approved by the City, the applicant shall furnish accurate Auto cad files of the approved plans on storage media acceptable to the City Engineer. The files shall utilize standard Auto cad menu items so they may be fully retrieved into a basic Auto cad program. At the completion of construction and prior to final acceptance of improvements, the applicant shall update the files to reflect as -constructed conditions. If the plans were not produced in Auto cad or a file format which can be converted to Auto cad, the City Engineer may accept raster -image files of the plans. IMPROVEMENT AGREEMENT 17. Depending on the timing of development of the specific plan area and the status of off -site improvements at that time, the applicant may be required to construct improvements, to reimburse others who construct improvements that are obligations of this development, to secure the cost of the improvements for future construction by others, or a combination of these methods. 4?9 ul� G:\Condcc SP99036#1 LQCorp2002.wpd/Greg Resolution No. 2002- Conditions of Approval_- Recommended Specific Plan 99-036 (Amendment #1) - La Quinta Corporate Centre Adopted: June 4, 2002 Page 5 In the event that any of the improvements required herein are constructed by the City prior to their construction by the applicant, the applicant shall reimburse the City for the cost of those improvements. 18. Prior to issuance of any further permit for on site site grading or building construction permits, the applicant shall construct any remaining or deferred improvements and satisfy obligations required by these conditions, Caltrans and/or utility authorities or furnish an executed, secured agreement to do so. For secured agreements, security provided, and the release thereof, shall conform with Chapter 13, LQMC. 19. If improvements are secured, the applicant shall provide estimates of improvement costs for checking and approval by the City Engineer. Estimates shall comply with the schedule of unit costs adopted by City resolution or ordinance. For items not listed in the City's schedule, estimates shall meet the approval of the City Engineer. Estimates for utilities and other improvements under the jurisdiction of other agencies shall be approved by those agencies. Security is not required for telephone, gas, or T.V. cable improvements. 20. If on -site improvements are phased with multiple administrative approvals (e.g., Site Development Permits or maps), all obligations for public improvements shall be satisfied or secured prior to approval of the first phase unless otherwise approved by the City Engineer. 21. If the applicant fails to construct improvements or satisfy obligations in a timely manner or as specified in an approved phasing plan, the City shall have the right to halt issuance of building permits or final building inspections or otherwise withhold approvals related to the development of the project until the applicant makes satisfactory progress on the improvements or obligations or has made other arrangements satisfactory to the City. GRADING 22. The applicant shall furnish a preliminary geotechnical ("soils") report and a grading plan prepared by a qualified engineer. The grading plan shall conform with the recommendations of the soils report and be certified as adequate by a soils engineer or engineering geologist. The plan must be approved by the City Engineer prior to issuance of a grading permit. G:\Condcc SP99036#1 LQCorp2002.wpd/Greg Resolution No. 2002- Conditions of Approval - Recommended Specific Plan 99-036 (Amendment #1) - La Quinta Corporate Centre Adopted: June 4, 2002 Page 6 23. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape areas outside the right of way unless otherwise approved by the City Engineer. 24. The applicant shall endeavor to minimize differences in elevation at abutting properties. 25. 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 6.16, LQMC. 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. 26. The applicant shall maintain cleared or graded land to prevent wind and water erosion of soils. The land shall be planted with interim landscaping or provided with other erosion control measures approved by the Community Development and Public Works Departments. 27. Prior to issuance of building permits, the applicant shall provide building pad certifications stamped and signed by qualified engineers or surveyors. For each pad, the certification shall list the approved elevation, the actual elevation, the difference between the two, if any, and pad compaction. The data shall be organized by lot number and listed cumulatively if submitted at different times. DRAINAGE 28. The tributary drainage area shall extend to the centerline of adjacent public streets. 29. Storm drainage historically received from adjoining property shall be retained on site or disposed of in the same manner as on -site storm runoff. 30. Nuisance water shall be retained on site and disposed of in a manner acceptable to the City Engineer. 31. If the applicant proposes discharge of stormwater to the Whitewater Drainage Channel, the applicant shall indemnify the City from the costs of any sampling and testing of the development's effluent which may be required under the City's NPDES Permit or other City- or area -wide pollution prevention program, and for any other obligations and/or expenses which may arise from such 431 014 G:\Condcc SP99036#1 LQCorp2002.wpd/Greg Resolution No. 2002- Conditions of Approval - Recommended Specific Plan 99-036 (Amendment #1) - La Quinta Corporate Centre Adopted: June 4, 2002 Page 7 discharge. The indemnification shall be executed and furnished to the City prior to issuance of any grading, construction or building permit and shall be binding on all heirs, executors, administrators, assigns, and successors in interest of land within the specific plan area excepting therefrom those portions required to be dedicated or deeded for public use. The form of the indemnification and the assignment of responsibility (if any) shall be acceptable to the City Attorney. UTILITIES 32. The applicant shall comply with legally -enforceable requirements of utility authorities. 33. The applicant shall obtain the approval of the City Engineer for the location of all proposed 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. 34. Existing aerial utilities and all proposed utilities within or adjacent to the proposed development shall be installed underground. Power lines exceeding 34.5 kv are exempt from this requirement. 35. 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 trench compaction. STREET AND TRAFFIC IMPROVEMENTS 36. The City is contemplating adoption of a revised infrastructure fee program. Any property within this specific plan which has not received final development approval when the program takes effect may be subject to the program as determined by the City. 37. The applicant is responsible for the following street improvements which shall conform with the General Plan street type noted in parentheses. Dimensions and features shall conform with the City's General Plan in effect at the time of construction if different from those listed. 4 3-2 013 G:\Condcc SP99036#1 LQCorp2002.wpd/Greg Resolution No. 2002- Conditions of Approval - Recommended Specific Plan 99-036 (Amendment #1) - La Quinta Corporate Centre Adopted: June 4, 2002 Page 8 A. Highway 1 1 1 - The north half (58 feet) of a 1 16-foot street improvement including landscape median, 50 percent of the traffic signal modification at the project main entry and an eight -foot sidewalk. B. Dune Palms Road - Construct half -width street improvement plus six-foot sidewalk. Half street shall be 48-feet from the Highway 1 1 1 curb return to a point 285 feet north and from that point taper 55:1 northerly to 32- foot width. The applicant shall re -stripe traffic lanes and modify the traffic signal at this intersection as required including, but not necessarily limited to, installation, relocation or reconfiguration of poles, arms, heads, and traffic sensor loops. C. Industrial Road (Corporate Centre Dr.) - 40-foot travel width (between curb faces) from Adams Street to east boundary of hotel site plus 5-foot sidewalks. The applicant shall have full responsibility for any required traffic signals or a fair share responsibility if adjacent developments utilize signals for access. If right of way is available across the "Not A Part" property, the applicant may be required to construct that portion of the road subject to reimbursement. If not available, the applicant shall construct cul de sacs at the industrial road's termini at that property. D. Bike Path - Construct a "Class A" Bike Path along the south embankment of the Whitewater Storm Channel (within the Channel right of way) from Adams Street to Dune Palms Road along the project property line, subject to CVWD approval. E. Parking Lot - The on -site parking lot shall conform with the provisions of the LQMC, General Plan and Zoning Ordinance unless otherwise specified in the Specific Plan. Bus turnouts, dedicated turn lanes and other features in the approved plans may warrant additional street widths as deemed necessary by the City Engineer. 38. Improvements shall be designed and constructed in accordance with the LQMC, adopted standards, supplemental drawings and specifications, and as approved by the City Engineer. Improvement plans for streets and parking areas shall be stamped and signed by qualified engineers. 433 014 G:\Condcc SP99036#1 LQCorp2002.wpd/Greg Resolution No. 2002- Conditions of Approval - Recommended Specific Plan 99-036 (Amendment #1) - La Quinta Corporate Centre Adopted: June 4, 2002 Page 9 39. Culs de sac, knuckle turns and corner cutbacks shall conform with Riverside County Standard Drawings #800, #801, and #805 respectively unless otherwise approved by the City Engineer. 40. The applicant may be required to extend improvements beyond development boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 41. Improvements shall include appurtenances such as traffic control signs, markings and other devices, street name signs, and sidewalks. Mid -block street lighting is not required. 42. The applicant shall design street pavement sections using Caltrans' design procedure (20-year life) and site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be equivalent to the following: Residential & Parking Areas 3.0" a.c./4.50" a.b. Collector 4.0"/5.00" Secondary Arterial 4.0"/6.00" Primary Arterial 4.5"/6.00" Major Arterial 5.5"/6.50" 43. 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. 44. General access points, turning movements of traffic and internal circulation are subject to the following: A. Main Project Entry - On Highway 1 1 1 midway between Adams Street and Dune Palms Road and aligning with the Auto Center's main entry on south side of Highway 1 1 1 - Full turning movements allowed with traffic signal installation. 434 013 G:\Condcc SP99036#1 LQCorp2002.wpd/Greg Resolution No. 2002- Conditions of Approval - Recommended Specific Plan 99-036 (Amendment #1) - La Quinta Corporate Centre Adopted: June 4, 2002 Page 10 B. Secondary Accesses on Highway 111 - As allowed by Caltrans and approved by the City Engineer. Right-in/right-out only. Minimum spacing of 250 feet between curb returns of any adjacent driveways or streets. City staff shall support the applicant's efforts to add a driveway in excess of the Caltrans standard. C. Access Drive on Dune Palms Road - Minimum spacing of 250 feet between the access drive curb return and the Hwy. 1 1 1 curb return. D. Access drives from arterial streets (Highway 1 1 1, Adams Street and Dune Palms Road) shall not have parking spaces taking direct access therefrom and shall not be intersected by a parking aisle or another parking accessway for a minimum distance of 82 feet from the curbface of Highway 1 1 1, and 50 feet from the curbface of Dune Palms Road. uis %,vi IUIuvl 1� v1 - --- ........., for that pareel, take precedenee ever these conditions. E. Industrial Road/Corporate Centre Dr. - Access locations as depicted in the Specific Plan. Access drive geometries shall comply with current City standards and policies. 45. The applicant shall submit an interior circulation plan for review and approval of the City Engineer. The plan shall be drawn to scale and include dimensions, curve data and corner radii for main interior circulation routes. 46. Prior to approval of any final map that subdivides land, or any lot line adjustment that adjusts the size of existing lots with the Specific Plan area, reciprocal access easements shall be provided as necessary to implement the circulation patterns approved by the Specific Plan. The easterly portion of the Specific Plan area shall provide at least two internal access routes within the parking lots leading to the abutting property located to the west which is not a part of this Specific Plan. If the applicant desires to construct an access route to the signal on Highway 1 1 1 at La Quinta Drive, the applicant shall obtain an executed reciprocal access easement and agreement. The location and language of the access easement shall meet the approval of the City Engineer and the City Attorney. The easement provision may include a requirement for the abutting property owners to reimburse the applicant a pro-rata share of the commercially reasonable cost of construction and maintenance of the shared access routes (including signal 435 G:\Condcc SP99036#1 LQCorp2002.wpd/Greg Resolution No. 2002- Conditions of Approval - Recommended Specific Plan 99-036 (Amendment #1) - La Quinta Corporate Centre Adopted: June 4, 2002 Page 11 if applicable). Such provisions shall provide for arbitration of disputes regarding the provision of the agreement. LANDSCAPING 47. The applicant shall provide landscaping in required setbacks. 48. Landscape and irrigation plans shall be signed and stamped by a licensed landscape architect. The applicant shall submit plans to the Community Development Department. When plans are approved, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner prior to final signing by the City. 49. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City. Use of lawn shall be minimized with no lawn or spray irrigation within 18-inches of curbs along public streets. PUBLIC SERVICES 50. The applicant shall provide public transit improvements as required by Sunline Transit and/or the City Engineer. QUALITY ASSURANCE 51. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 52. The applicant shall employ or retain qualified civil engineers, geotechnical engineers, surveyors, or other appropriate professionals to provide sufficient construction supervision to be able to furnish and sign accurate record drawings. 53. The applicant shall arrange and bear the cost of measurement, sampling and testing procedures not included in the City's inspection program but required by the City as evidence that construction materials and methods comply with plans and specifications. 54. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all public improvement plans which were signed by the City Engineer. Each sheet shall be clearly marked "Record Drawings," "As -Built" or "As -Constructed" and shall be stamped and signed by the engineer 436 G:\Condcc SP99036#1 LQCorp2002.wpd/Greg i ,l 1. 7 Resolution No. 2002- Conditions of Approval - Recommended Specific Plan 99-036 (Amendment #1) - La Quinta Corporate Centre Adopted: June 4, 2002 Page 12 or surveyor certifying to the accuracy of the drawings. The applicant shall revise the CAD or raster -image files previously submitted to the City to reflect as -constructed conditions. MAINTENANCE 55. The applicant shall make provisions for continuous, perpetual maintenance of all on -site improvements, perimeter landscaping, access drives, sidewalks, and drainage outfalls. The applicant shall maintain required public improvements until expressly released from this responsibility by the appropriate public agency. FEES AND DEPOSITS 56. 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. FIRE DEPARTMENT CONDITIONS 57. All water mains and fire hydrants providing required fire flows shall be constructed in accordance with the appropriated sections of CVWD Std. W-33, subject to the approval by the Riverside County Fire Department. 58. All roads need to be a minimum of 20 feet unobstructed width for emergency access. 59. Specific access plans shall be submitted for review. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 60. Any Site Development Permit applications submitted to the City for review shall substantially conform to the text and exhibits contained in the Specific Plan. The Planning Commission can consider site plan changes to each planning area during review of a developer's project. 61. Any land use or combination of land uses proposed for the Regional Commercial portion of the site shall demonstrate, as part of the Site Development Permit process, that the development standards and square footage for the proposed land use or group of land uses will not exceed the square footage specified on page 3 of the Specific Plan, Section 1.20.2. In addition, any industrial lot 437 G:\Condcc SP99036#1 LQCorp2002.wpd/Greg O Resolution No. 2002- Conditions of Approval - Recommended Specific Plan 99-036 (Amendment #1) - La Quinta Corporate Centre Adopted: June 4, 2002 Page 13 developed in Planning Area 1 shall conform to the development standards contained in the Zoning Ordinance. Should a land use or group of land uses exceed the maximum square footage shown on page 3 of the Specific Plan for commercial uses, or in the Zoning Ordinance for industrial uses, a Specific Plan amendment and associated environmental review shall be required. 62. The maximum square footage proposed for the project shall not exceed 0.35 FAR cumulatively, excluding RV storage site and well site. Each proposed land use, or phase of land uses, shall demonstrate their conformance with the FAR requirement as part of the Site Development Permit process. 63. The two-story portion of the 53,000 square foot office building in Planning Area 4 shall be located a minimum of 150 feet from the Highway 1 1 1 property line. The building height f shall be reduced to a maximum of 22 feet in height, to conform with the standards for Primary Image Corridors. 64. Parking for each proposed phase or building of the proposed project shall conform to the City's Zoning standards in effect at the time of Site Development Permit review. Parking requirements shall be reviewed with each Site Development Permit application. Should shared or reduced parking be requested, calculations for same shall conform to the City's formulas and standards, as contained in the Zoning Ordinance. In no case shall parking for the regional commercial center be less than a total of 1,366 spaces, as required in the Specific Plan. 65. Each building or buildings proposed for construction shall be required to pay the school mitigation fee in effect at the time of construction, prior to the issuance of a building permit. 66. Prior to the appreval of the fifst Sate Development Permit, shall establish or eause to be established, a pfoperty awner ancl/er tenant The tenants and property owners shall asseeiation, whieh wimI4 be responsible for the maintenance of parking areas, interior roadways, sidewalks, landscaping and other common area amenities. through a common association. 67. Signage - shown - - - - Plan - -- late' site(approved separately - northeast corner of Adarns Street and Highway 111, shall not be part of 010 G:\Condcc SP99036#1LQCorp2002.wpd/Greg Resolution No. 2002- Conditions of Approval - Recommended Specific Plan 99-036 (Amendment #1) - La Quinta Corporate Centre Adopted: June 4, 2002 Page 14 68. The signage program and associated exhibits shall be modified to reflect the following: A. Sign D shall not exceed 100 sq. ft. in total area. B. Sign G shall not exceed 100 sq. ft. in total area. C. Sign F shall not exceed 50 sq. ft. in total area. D. No additional monument signs shall be permitted, except for Industrial Lot users. E. All tenants shall be permitted one wall -mounted sign and one under - canopy sign meeting the regulations of Section 9.160 of the Municipal Code. Only channel lettering building signs are allowed. Individual building tenant signs shall not exceed 50 square feet in overall size, including logo emblems. Exterior building mounted signs shall be limited to first floor level tenants. Businesses located above the first floor level shall be restricted to directory signs placed at main building entries and courtyards. F. Gasoline ID and price signs (one per street frontage), meeting the regulations of Section 9.160 of the Municipal Code. All proposed signs shall be made a part of the Site Development Permit under which the sign will be constructed. All Site Development Permit applications involving signage shall submit an analysis which demonstrates consistency with this Condition of Approval. A Sign Program shall be submitted for any multiple tenant building. Each sign program shall be reviewed and approved by the Planning Commission. 69. Any area of the site which is graded, but which is not to be developed as part of the phase under construction, shall be turfed to limit blowsand hazard and provide an aesthetically pleasing vista. No building permits will be issued unless compliance with this condition is met. 70. The applicant shall comply with the mitigation measures contained in EA 99- 383 (City Council Resolution 99-110). 71. Drive -through restaurants shall not be open to the public between the hours of 2:00 a.m. to 6:00 a.m. 72. A development application for the 15.52 acre property (APN: 649-020-006) in the middle of the specific plan area shall necessitate an amendment to the plan, pursuant to General Plan Land Use Program 4.3. 433 U 0 G:\Condcc SP99036#1 LQCorp2002.wpd/Greg Resolution No. 2002- Conditions of Approval - Recommended Specific Plan 99-036 (Amendment #1) - La Quinta Corporate Centre Adopted: June 4, 2002 Page 15 73. Restaurants that have seating for 100 people or more may sell alcoholic beverages to their customers with a State ABC license. 74. All roof mounted mechanical equipment shall be screened by roof parapets so that they cannot be viewed from adjacent properties. Prior to occupancy of any future building, a visual inspection shall be made from all sides of the building from a distance of 800 feet to confirm that the roof parapets conceal any roof mounted equipment. ko 021. G:\Condcc SP99036#1 LQCorp2002.wpd/Greg s m m m -e Z ATTACHMENT 1 441 JL4DVIERO, SAUTE AND ASSOCIATES, INC. I I P' A - I �''°a D °O �D O LAO 9O1'�f9 O FLa Ouinta Corporate Centre Specific Plan m L fi7Q1!!rl GNYDN WAY. $VM $01 „ m n n+rs cuDvwm ouu- --7 SECTION 29, T. 5 S., R. 7 E. no -"It /,.r u,-yew 023 Attachment 2 � a a Ve U ! e Q � 00 444333 J IL J;�W �� R u. 6 �3R F OZC) 0 z' �- O LLI �E:CO) . WVO. 0 cc X zoa U CO) J J_ i 442 A E 2 t U24 Attachment 3 w (X �Uj y LLJW Za O U y J J_ ti W C Q 2V yVQ �Q? CO' °a Q � J r 39 p Cu dam¢ 443 025 SKYWEST CORPORATE CENTRE GROUP LLC 3550 WEST 6T" STREET, SUITE 400 LOS ANGELES, CA 90020 April 16, 2002 City of La Quinta Attn: Greg Trousdell 78-495 Calle Tampico La Quinta, CA 92253-1504 Attachment 4 EC APR 16 2002 Ref: Parcels 3,4, & 5, Corporate Centre Drive; #2002-734 Dear Mr. Trousdell, Pursuant to your comments in the March 20, 2002 letter, item 13 page 3, regarding Site Development Permit 2002-734, Skywest Corporate Centre Group LLC is requesting a Specific Plan Amendment for the proposed 34,303 Sq. Ft. Professional Office Building. According to table 801- " Permitted uses in a non-residential districts for a CP area", we are requesting the following additional uses for our proposed project: a. General and Professional Offices b. Medical offices --physicians, dentists, optometrists, chiropractors, and similar practitibners. C. A site monument sign; 4'0' High X 12'0' Long at Entrance. These additional uses would enhance the surrounding area and compliment the adjacent property owners. We appreciate your review of the proposed project and will provide to you any additional information that may be needed prior to the hearing date. Respectfully submitted, Ro ert Wood/ -Construction Manager; Skywest Corporate Centre Group U2Or" SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE AMENDMENT #1 Attachment 5 Prepared by Greg Trousdell, Associate Planner SECTION 1- SUMMARY 1.10 - PURPOSE The purpose of tits The La Quinta Corporate Centre Specific Plan is to set forth the detailed development principles, guidelines, and programs to facilitate the development of a 36-acre site located on the south north side of Highway 111 between Adams Street and Dune Palms Road. The projeet as ealled The Le Quinte GEWPOrate Gentre. This Specific Plan is intended to meet the requirements for a Specific Plan as set forth in State law. The State of California authorizes cities and counties to adopt Specific Plans as an appropriate tool in implementing their General Plans. Such a plan is to include the detailed regulations, conditions, programs, and any proposed legislation that is necessary for the systematic implementation of the General Plan. The Specific Plan provides the linkage between the General Plan, the general goals and policies of the City, and the detailed implementation of that plan with tools such as Zoning and Subdivision Ordinances, and the Ii . The Government Code Section 65451 sets forth the minimum requirements of a Specific Plan and states: "A Specific Plan shall include a text and diagram or diagrams which specify all of the following in detail: 1). The distribution, location, and extent of the uses of land, including open space, within the area covered by the plan. 2). The proposed distribution, location and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described by the plan. 3). Standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable. 4). A program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out paragraphs (1), (2), and (3)." The Specific Plan shall include a statement of the relationship of the specific plan to the General Plan. The establishment of specific performance, design, and development standards is set forth to guide the development of the subject property in such a way as to implement the General Plan while maintaining some flexibility to respond to changing conditions which may be a factor in any long term development program. The document also acts to augment the City's Zoning Ordinance by providing particular 445 GASP36 LQCorpText2002.wpd-13reg/Page1 u27 SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE AMENDMENT #1 Prepared by Greg Trousdell, Associate Planner design guidelines, a tailored list of allowable, conditionally allowable, and prohibited uses for the site, and unique development standards. 1.20 - EXECUTIVE SUMMARY 1.20.1 - The Land The La Quinta Corporate Centre is a proposed mixed commercial development on 36 acres of property located adjoeent to the martheast earmer of Highway 111 amd Adorns Street approximately 330 feet east of Adams Street and north of Highway 111 within the City of La Quinta. The property is delineated by the City's General Plan as Commercial Park and Mixed/Regional Commercial and is Zoned Regional Commercial (CR) with a Non -Residential Overlay. This Zanimg type allows a wide Fange a The site is vacant except for newly constructed buildings in Planning Area 1 and 4. and exhibitseherseteristwes of the stabilized send dune fffifflations found in this paFt of the Goachells Valley. The site is generally flat but has safrie dume formations with an elevational differenee ef up to twenty five (25) feet. Areas of the site have been mass graded thereby removing large changes in grade elevations across the various parcels. Preliminary pad heights for future building have been established based on plans approved by the La Quinta Public Works Department. The site has nearly 1,700 feet of frontage on Highway 111 and comes within 330 feet of Adams Street on the west side and abuts Dune Palms Road on the east side. Property to the south, across Highway 111, is either involved with eurrently vaeant, however, the La Quinta Auto Mall Specific Plan (Specific Plan 97-034) has site,a"Feved on the or vacant. Property to the west is currently vacant but a hotel and restaurant complex development has been approved for the site under Specific Plan 98-033. The property to the north, across the CVWD flood control channel is the La Quinta High School. To the west, abutting the site is a small self -storage facility of 3.96 acres. Further to the west across Adams Street is the Wal-Mart Center (Specific Plan 89-014, One -Eleven La Quinta Shopping Center). The Home Depot Center (Specific Plan No. 96-027, Jefferson Plaza) is located to the east of the site by approximately 1,200 feet. The project site is shown on the aerial photograph in Exhibit 2. Commercial and business park use of the subject site was analyzed in the City's General Plan EIR that was approved in 1992, and updated on March 20, 2002. The Environmental Ganservafion Natural Resources Element of the General Plan identified 446 G:\SP36 LQCorpText2002.wpd-Greg/Page2 028 SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE AMENDMENT #1 Prepared by Greg Trousdell, Associate Planner the subject property as being potential habitat to the Coachella Valley Fringed Toed Lizard and within the approved Habitat Fee area. 1.20.1 a - The Ownership There are five 16 underlying parcels. The following individuals own or have eantr changes to the pareel eenfigurati Exhibit 1 indicates the existing parcel configuration in 1999 and Exhibit 7 the proposedacel existing parcel configuration. 1.20.2 - The Project The La Quinta Corporate Centre is a multi -phased multi -use complex. The property location is one of prominence for the City of La Quinta and as such the development ideas and standards will complement the City's image as the Gem of the Desert. The multi -use retail center will contain a variety of uses, the summary of proposed regional commercial uses and building sizes, totaling 332,400 square feet, is as follows: Proposed Built Multi -tenant industrial/office users - 91,600 square feet 25,958 sq. ft. Retail floor area - 79,300 square feet 0 sq. ft. Mid -rise office building - 113,000 square feet 0 sq. ft. Financial space - 6,500 square.feet 0 sq. ft. Fitness center - 30,000 square feet See below Service station - 2,000 square foot (approximate) See below The following uses are a part of the overall site development but are not included in the retail/office calculations: 1. One gasoline service station (2,940 sq. ft. USA Petroleum on 1.3 acres) 2. Nine industrial lots on 6+ acres (15,500 sq. ft. World Gym on 1.2 acres and 34, 270 sq. ft. Sky West project on 2.25 acres) 3. One self and RV storage facility (54,925 sq. ft. Storage USA on 3.78 acres) 4. One CVWD well site Special Note: See Condition of Approval # 61 Exhibit 5 depicts the conceptual site plan for the proposed development. The La Quinta Corporate Centre will be integrated through reciprocal access easements for access and parking with the adjacent developments, including the recently approved 447 GASP36 LQCorpText2002.wpd-Greg/Page3 1)29 SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE AMENDMENT #1 Prepared by Greg Trousdell, Associate Planner Hotel One -Eleven Specific Plan, which is directly west of the site and the approximately site. The allowable, conditionally allowable, and prohibited uses shall be generally as set forth in the Zoning Code regulations, the modifications are noted in Section 2.60.2.1. A separate property owners association will maintain the common area improvements. The main site access will be from Highway 111 at La Quinta Centre Drive. The entrance, which will be signalized, will include landscaping, center identification including a water feature within the setback area but outside of the public right of way. Two minor driveways are also located on Highway 111. The project will be phased to suit market conditions with on and off site improvements phased to accommodate the demands of each proposed stage of development. The improvements will be completed prior to the occupancy of any building within that phase. Highway 111 improvements may be phased. The phasing will depend on the development schedule and will be coordinated with CalTrans. Additional information on phasing can be found in Section 2.20. 449 GASP36 LQCorpText2002.wpd-Greg/Page4 030 6°°NZO-a a�reirrvrrQ°RM �dMSVO d= IO° suns """ NOAAW zI bWZ T Z" DAMASM °NYI / VMMZ9WIDAW 7WO OMNAMd 'aNI SaiyioosSV QNV HaNs 'OaaINIVAr Z 'a "S S '1 '6Z NOLLOaS uBId ai aadg aa�uap a}Baodaop �a}uinp is, u CAV W s c v 0ss D ss V�.�/ L Pq!yX=1 Z co W J � 0 W L �0 449 031. ■ t IEt R M < < WEE MENNEN v�ya LQ High School i✓ w, ,y s 4�� 4�^1{ qF FARM �a 1 AIL ��✓�,� '1R�Y '%� �£'.W Ty�� La itinta lr ZA, t a c �`a(i. � ,. W� ��i tF��E .n -'$ft� • • • � ; }R¢+ �`�' t� ��^�'' 4h � �t wc3F 4 C . ` y�;}ftiS•..: ; _ ..� ._. - _, > , a ., c� .; i'� - w , ��`deic�__ � � '�i � �,� 2•& „ .a T � _ [t1',�i'�7f`hlreCt�kS',t'�"; "�»,. SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE AMENDMENT #1 Prepared by Greg Trousdell, Associate Planner 1.20.3 - THE PROCESS 1.20.3.1 - Relationship to the General Plan Implementation of development within The La Quinta Corporate Centre Specific Plan area is intended to carry out the goals and policies contained in the General Plan of the City of La Quinta in a planned and orderly fashion. All development within The La Quinta Corporate Centre Specific Plan shall be consistent with the provisions of the La Quinta General Plan. The Land Use Map of the General Plan for the site is shown in Exhibit 3. The project relationship to General Plan policies and objectives is located in Appendix One. More specifically the main Elements of the General Plan, which will be implemented upon the development of The La Quinta Corporate Centre, are: • Land Use - The General Plan delineates the Highway 111 corridor for Mixed/Regional Commercial (M/RC) land uses. A portion of the site adjacent to the storm channel is designated Commercial Park (CP). The proposed project is consistent with the approved general plan designations. The eanceptual 'and of the prejeet at 0.31, which *9 below the 0.36 FAR listed fef WRG uses in the Watlom A Floor Area Ratio (FAR) of 0.35 is required within the specific plan area, unless otherwise noted. • Circulation - The Circulation Element of the General Plan outlines the design and location of required street improvements to complete the transportation system in the City. The La Quinta Corporate Centre will complete portions of two important links in the City's circulation network, Highway 111 and Dune Palms Road. Included in the improvements will be sidewalks, bicycle links, bus stops, and signal improvements. In addition to the roadway improvements, the project site has frontage on two designated image corridors; a Primary Image Corridor along Highway 111 and a Secondary Image Corridor on Dune Palms. Compliance with these special roadway corridors improvements will complement and evoke the unique identity and character sought by the City of La Quinta. • Environmental Conservation - The Specific Plan outlines the use of drought tolerant planting and irrigation techniques to further the City's policies of water efficient landscaping and preservation of the water quality through best management practices for surface water containment. The plan will also include the development of roadways, water, sewer and flood control improvements. G:\SP36 LQCorpText2002.wpd-Greg/Page7 451 033 SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE AMENDMENT #1 Prepared by Greg Trousdell, Associate Planner 1.20.3.2 - Relationship to Zoning and Development Process The property is already properly planned and zoned for most of the uses projected for the site. Exhibit 4 depicts the Zoning designations on the site and the surrounding parcels. The City of La Quinta requires a Specific Plan to establish an overall master development plan in the circumstance of the CR Zoning classification. Following t Individual development applications will be processed under normal City requirements at the time of the application for Site Development Permits (architecture, landscape architecture, signage, final grading, etc.) as well as any special provisions authorized pursuant to this Specific Plan. The Planning Commission can consider site plan changes to each planning area during review of a developer's project. Those uses that may require Conditional Use Permits as set forth in the Zoning Ordinance of the City of La Quinta shall submit such an application unless otherwise modified within the Plan. Such conditional uses could include mixed use commercial and residential, wholesaling, vocational schools, bars and taverns, among others. 111121111 !miff -Wa ail OWN. 111. - -911 - ;-- -; - : - -- --- : -; - - ;- -- -- :: -- :::: - - - - --;; - ;-- - - --- - ---.1111111111 : - :- -Vffl -- ---- :--RW:- - --; - - - - a--- ON -- -- -- -- - - - ;; --- ;- - pareel/building shall conferm to the one hundred fifty(150) -- DeletedCondition #63 of City Council Resolution .. 45 G:\SP36 LQCorpText2002.wpd-Greg/Page8 034 SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE AMENDMENT #1 Prepared by Greg Trousdell, Associate Planner 1.20.3.4 - Relationship to Other Agencies In addition to City approvals, permits will be required by CalTrans for the work along Highway 111, and by the Coachella Valley Water District (CVWD) for moderate extensions to water and sewer lines as well as levee improvements. Other infrastructure extensions will be required by the Imperial Irrigation District (electrical power), Verizon Communications for telephone service and MedwaOne AOL Time Warner for cable TV service. G:\SP36 LQCorpText2002.wpd-Greg/Page9 453 A EXHIBIT 3 City of La Quinta General Plan Adopted: March 2002 LEGEND Roads — - - - Township/Range Sections �+-'-F— Railroads city Limits ®e Planning Ares #1 planning Area #k2 • s a City Sphere of Influence Residential land Uses 0 VLDR Very low Density up to 2 du/ac LDR Low Density up to 4 &dac L== MDR Medium Density up to 8 du/ac MHDR Medium -High Density up to 12 dulac HDR High Density up to 16 dulac 0 Hillside Overlay ® Agriculture overlay Commercial Land Uses ® M/RC Mixed Commercial ® CC Community Commerc l NC NeWMxufwod Commercial CP Commercial Park O Office IC Tourist Commercial ® VC Village Commercial Other Land Uses —1 I industrial/Light Manufacturing ! MC Major Community Facilities P Park Facilities OS Open Space -; G Golf Course Open Space W WatercoursdFlood Control P Floating Park Designation Z\- North 454 SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE Exhibit 4 - Zoning Map '?00 % LEGEND RESIDENTIAL Ry Very Low Density Residential -] Low Density Residential Cove Residential Medium Density Residential Medium High Density Residential High Density Residential VILLAGE DISTRICT Village Core NONRESIDENTIAL DISTRICTS Regional Commercial Community Commercial Neighborhood Commercial Tourist Commercial Office Commercial Major Community Facilities Commercial Park SPECIAL PURPOSE DISTRICTS Parks and Recreation Golf Course Open Space Floodplain OVERLAY DISTRICTS Hillside Conservation Overlay [:77"I'd Nonresidential Ovedav _I Equestrian Overlay I. r..1 Special Zoning Symbols 4DMAPUERO, SMITH AND ASSOCIATES, INC. Planning/Clvit Engineering/Land SurMing 777 East Tahquitz Canyon Way, Suite 301, Palm Springs, California 92262-6784 Telephone (760) 320-98111 FAX (760) 323-79931 e-mail MSAeelps(,ya`aot-4-55 o3 7 SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE AMENDMENT #1 Prepared by Greg Trousdell, Associate Planner Exhibit 5 — Site Plan state I-jighW y Revised - 5/14/2002 Ili G:\SP36 LQCorpText2002.wpd-Greg/Page12 456 038 Z Exhibit 6 457 039 AlbNAMMO, SWM AND ASSOCMTES, INC. P l a n n i nCj Area s ,`!" ° HQ A `SVM 30 '"° La Ouinta Corporate Contra Specific Plan PAL TANWITl GNY°M IAf. BORE B°I rya (MO) FAX 7?M SECTION 29, T. 5 S., R. 7 E. SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE AMENDMENT #1 Prepared by Greg Trousdell, Associate Planner Exhibit 7 - Proposed Existing Parcels AS PREPAREG FOR ASSESSMENT FURPOSES ONLY. NO LIABILITY FOR THE ACCURACY OF THE DATA SHONRI. ASSESSOR'S PARCEL HPLY WITH LOCAL LOT -SPLIT OR BUILDING SITE ORDINANCES. DFI.4: RS 8/14, RS 15//13. MOD R/W RS 1/91, RS 9X8, RS 14/4S, RS 51/91 SEC.29 T.5S.,R.7E CITY OF LA QU I NTA 604 O6 458 G:\SP36 LQCorpText2002.wpd-Greg 14 o 4 0 SPECIFIC PLAN THE LA QU/NTA CORPORATE CENTRE AMENDMENT #1 Prepared by Greg Trousdell, Associate Planner SECTION H - SPECIFIC PLAN 2.10- PROJECT DESCRIPTION 2.10.1 -The Site The site is 36 +/- net acres, comprising five various parcels under two separate ownerships, located adjacent to the northeast corner of Highway 111 and Adams Street within the City of La Quinta. The site is viftelly partially vaeant with Only an abanden Planning A c r e s/ S q u a r e Goneeptual Base Zoning Proposed Uses Area Footage FAR PA 1 12.22 acres .35 Commercial auto body & 532,303 sq. ft. except the Park services, RV & storage self storage, facility (.50) hardware & supply, fitness center, general office, limited medical PA 2 7.30 acres . .35 Mixed/Regional general retail, 317,988 sq. ft. Commercial food service, support service & financial PA 3 3.00 acres -4-5 .35 Mixed/Regional general office & 130,680 sq. ft. Commercial retail PA 4 11.41 acres - 9 .35 Mixed/Regional general office & 144,600 sq. ft. Commercial retail 459 G:\SP36 LQCorpText2002.wpd-Greg/Page15 041. SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE AMENDMENT #1 Prepared by Greg Trousdell, Associate Planner 2.10.2 - Site Plan The site plan will feature extensive and coordinated landscape buffers to both Highway 111 and Dune Palms Road. These buffers and the significant building setbacks will complement the City's planning efforts to unify the Highway 111 streetscape. The Plan will provide for integrated architecture, landscape architecture and signage concepts as well as cooperation with the adjacent parcels for internal circulation and shared access. The building footprints and land uses indicated should be considered as a concept. The Plan contains a summary of permitted land uses and the precise location and land use type will be determined during the individual site development review. The intensity of the proposed plan is anticipated to be less than the approved General Plan allowance for the site. ll ll, 1 1(AI II IIIIy • •IVMV Iawl.yv •. V... .ry ..- ..., ...� � �. �... .. .�. _.._ _ _J_______ ____.-____ ___-_ . The breakdown of the conceptual floor area ratio (FAR) by Planning Area is as follows: PA 1 (Industrial Lots) 12.22 acres - .35 FAR deposed 532,303 sq. ft. land area** 186,306 sq. ft. floor area (possible) *except for the self -storage, which is proposed at .50 FAR **Well site not included PA 2 (Regional Commercial) 7.30 acres - .2-5.35 FAR deposed 317,988 sq. ft. land area 79,300 111,295 sq. ft. floor area PA 3 (Regional Commercial/Office) 3.00 acres - .4-5 .35 FAR pepesed 130,680 sq. ft. of land area 60,009 45,738 sq. ft. of floor area PA 4 (Regional Commercial) 11.41 acres - �9.35 FAR pmpesed 497,020 sq. ft. of land area T4,690173,956 sq. ft. of floor area / - -- - - --- -- - -- 1 - • G:\SP36 LQCorpText2002.wpd-Greg/Page16 4 6 d 04-2 SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE AMENDMENT #1 Prepared by Greg Trousdell, Associate Planner modification to the Plan. Sueh an agreernemt frisy limit an unbuilt phase to frisontown a lower FAR. The project, on a cumulative basis, shall not exceed 0.35 FAR, pursuant to Condition #62 of City Council Resolution 99-111. The Planning Commission can consider site plan changes to each planning area during review of developer's project. 2.10.3 - Landscape Plan The landscape concept follows a "desert oasis" theme emphasizing water efficient materials exhibiting color and form and a minimal use of turf areas. The main entry area on Highway 111 will incorporate water features into the landscaped setback but not within the public right of way. The property owners association will maintain this feature. Parking areas in the center will feature the concept of a high canopy tree form to reduce the conflict between landscape elements and project graphics. The on -site storm water drainage will be directed to the adjacent storm channel. The landscape pattern will also incorporate pedestrian friendly access to encourage movement to the different uses within the site. 2.10.4 - Utilities Utility extensions will be moderate with most utilities existing at the perimeter of the site. Some upgrades will be required by the individual utilities. The timing of Highway 111 improvements will be at the discretion of CalTrans working with the City Public Works Department. Section 2.50 delineates the necessary utility improvements. 2.10.5 - Art in Public Places The requirement for Art in Public Places will be satisfied in accordance with Chapter 2.65 of the La Quinta Municipal Code. 2.20 - PHASING 2.20.1 - Phasing Description As currently scheduled, the project will probably be constructed in multiple phases. Each phase will contain building pads and perimeter improvements as well as any necessary internal circulation improvements. Because of the concerns usually raised about phased development and the undesirability of public improvements being unfinished, the improvements necessary for each phase to stand alone will be completed prior to the occupancy of any building within that phase. The I lighway-111 G:\SP36 LQCorpText2002.wpd-Greg/Page17 M1 643 SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE AMENDMENT #1 Prepared by Greg Trousdell, Associate Planner fFentage is also likely to be phased. Build -out will occur over time as the pad areas are leased and site development plans are approved. The initial phase of development will contain the westerly portion of the main on -site circulation improvements, lighting, and infrastructure as well as perimeter improvements such as walls perimeter landscaping, and signs. The site will be rough graded in phases and finish grades will be established after approval of the site development plans for each phase. Phased off -site improvements will include the frontage of Highway 111 (curb/gutter, landscaped parkway, median and infrastructure extensions), Adams Street (curb/gutter, landscaped median, landscaped parkway and infrastructure extensions), and the frontage along Dune Palms Road (curb/gutter, landscaped parkway and necessary infrastructure extensions). 2.20.2 - Infrastructure Phasing The infrastructure development will include the frontage of Highway 111 (curb/gutter, landscaped parkway, and necessary infrastructure extensions) and the frontage of Dune Palms Road (curb/gutter, landscaped parkway, and infrastructure extensions). Utilities will be extended to the site as necessary. The improvements will be phased according to the on site development. Any necessary encroachment permits will be obtained. Exhibits 8, 9 and 10 depict the location and scope of infrastructure improvements. 2.30 - Grading 2.30.1 - Grading Plan Portions of the site may be mass graded as a part of the initial site preparation to accommodate the phased development of the site and the internal road system. The rough pads will be established within each phase for the various end -users and related commercial or industrial sites. Grading easement or permission to grade will be secured if grading on adjacent properties is necessary to accommodate a particular phase. It is estimated that the grading operation will move approximately 200,000 cubic yards (raw cut) and 140,000 cubic yards (raw fill). Due to shrinkage and phasing it is anticipated that there will be a balance of soil on the site. Exhibit 11 depicts the rough grading and drainage concept for the property. 4 6'' G:\SP36 LQCorpText2002.wpd-Greg/Page18 044 SPECIFIC PLAN THE LA QU/NTA CORPORATE CENTRE AMENDMENT #1 Prepared by Greg Trousdell, Associate Planner 2.30.2 - Erosion Control The project will comply with the City's erosion control ordinance. The grading operations shall include adequate provisions for wind and water erosion control during as well as after grading operations have ceased. This will include treatment of the pad sites that may remain undeveloped. The details of erosion control shall be included in the project's Storm Water Pollution Prevention Plan (SWPPP) and PM 10 Plan. Pre -Grading: The portions of the site to be graded shall be pre -watered to a depth of three feet prior to the onset of grading operations. During Grading: Once grading has commenced, and until grading has been completed, watering of the site and/or other treatment(s) determined to be appropriate shall be ongoing. Post Grading: All disturbed areas shall be treated to prevent erosion for the term that the area will remain undeveloped. Wherever feasible, final landscape and irrigation shall be installed. 2.30.3 - SWPPP/NPDES/PM 10 Since the Coachella Valley experiences periods of moderate to heavy wind conditions, wind-blown dust and sand is a concern with mass grading operations, especially for those sites in excess of five acres. Because of health concerns, the Environmental Protection Agency has instituted a plan in the valley to curb excess PM 10 (small particle dust). The City also participates in the National Pollutant Discharge Elimination System program. The grading concept for the project will involve mass grading the entire site and fine grading of the first phase of construction. The City of La Quinta requires SWPPP, NPDES and PM 10 plans to control the wind and water born erosion associated with such grading operations. The project will comply with the City's requirements relative to these programs. 463 G:\SP36 LQCorpText2002.wpd-Greg/Page19 045 m 1 s MAINIERO, SMITH AND ASSOCIATES, INC. Sewer Service Plan P1NN°" "°II M CAN "` "'"° SURnTM La Ouinta Corporate Centre Specific Plan rn i r'RMr4 c fO WAY, Sans sol P P r�,�r srnwc) c� -gal, PAX S - SECTION 29, T. 5 S., R. 7 E. rcanovs r�°1 �-�„ � ►.r aea-rea+ m m m m m m m S m! m m# m s i m i m '' Z Exhibit 9 465 047 MAIA7ERO, SMITH AND ASSOCIATES, INC. "'""° ° ANQ ,AW'"` i `u'° s°sysrwa Water Service Plan La Ouinta Corporate Centre Specific Plan P P SECTION 29, T. 5 S., R. 7 E. IDm x rwc�ma cuvron r�r, srms s°� , NOM t7„o III / SM-7`893 >>#>> = M mmmmm s m m m= �- A Exhibit 10 466 048 Street Landscape Cross Sections MAnMRO, SMTM "D ASSOCUTM DVC. and """'WL "'� °° mP°V° r LNm La Ouinta Corporate Centre Specific Plan P P Sol rr, s r�eaum cuvrav ��r. srm: mf ,�,','"",""�„°K°',�; ,, SECTION 29, T. 5 S., R. 7 E. SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE AMENDMENT #1 Prepared by Greg Trousdell, Associate Planner 2.40 - DRAINAGE/FLOOD CONTROL 2.40.1 - Hydrology The majority of the site lies in flood Zone C according to the FIRM maps. The easterly portion is designated Zone B. Zone C includes areas that are not considered to be subject to flooding during a 500-year event. Zone B areas have the potential to flood during a 100-year event and the FEMA regulations require that the building pad elevations be raised one foot above the base flood elevation. The adjacent channel will be lined per the standards of CVWD. This improvement will remove potential flood hazard from the site. There are no tributary flows that have to be accommodated in the development of the site. 2.40.2 - Flood Control Master Plan The stormwater drainage system in the City of La Quinta is administered by the CVWD. Generally speaking, the system consists of improvements to the natural drainage channels that run through the City. The development of property will include provisions to conduct stormwater into these channels. The City or CVWD requires no drainage fees, however, as stated above improvements will be required to line the adjacent flood channel. 2.40.3 - On -Site Stormwater Retention Due to the site's location adjacent to the stormwater channel, no on -site retention will be required. Stormwater will be conducted directly to the channel. 2.40.3.1 - Nuisance Water Nuisance water attributed to the project will be collected and directed to areas within the landscape. A series of dry wells will be installed to percolate this water. The amount of nuisance water is expected to be reduced due to the use of water efficient landscape and irrigation materials. 2.50 - UTILITIES The La Quinta Corporate Centre is well served by utilities and is situated in a corridor planned for a relatively intense scope of commercial development. Some minor utility extensions are anticipated in conjunction with the project. During the research G:\SP36 LQCorpText2002.wpd-Greg/Page23 467 04.9 SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE AMENDMENT #1 Prepared by Greg Trousdell, Associate Planner investigation for development of this Specific Plan, Coachella Valley Water District (CVWD) was contacted. The District has indicated that there is sufficient capacity in the utilities to accommodate the project and the needs of the immediate users in the area for both water and sanitary sewer. 2.50.1 - Sewer Plan Sanitary sewer facilities for La Quinta are provided by CVWD. The nearest main is an existing 18-inch line located westerly of the site in Adams Street. Another main, 15" in size is located approximately 1,800 feet east of the site. To the extent feasible, the flows from the site will gravity flow to the main in Adams Street. No up -sizing of this facility will be required. In the event that the flow cannot be directed to the existing line in Adams Street (because of elevation differences), an extension of the line located easterly of the site will be required. The lack of contiguous parcel ownership may create a delay in serving the three most northeasterly parcels of Planning Area One. These are industrial lots that will be offered for sale and individual development. The timing of their development will be dependent on the easterly parcel developing and extending the sewer line to reach the site. As an alternative, an easement through the adjacent parcel for the extension of the sewer line could be obtained. If adjacent development (across Dune Palms Road) will be utilizing this easterly main, up -sizing to an 18" line may be necessary. Exhibit 8 shows the schematic design for sewer facilities. 2.50.2 - Water Plan Water service for La Quinta is provided by CVWD. Existing water service is provided via three mains: a 12" main located on the south side of Highway 111, an 18" line in Dune Palms Road and an 18" main in Adams Street. CVWD will require an 18" main that connects the Adams Street main to the main located in Dune Palms Road. So that there will be no disruption to circulation on Highway 111 this connection will be made in the proposed public street that traverses the northerly portion of the site. An on -site loop system will be created to maintain adequate levels of service and to meet fire flows demands. Exhibit 9 shows the schematic design for water service. 2.50.3 - Electrical Plan The Imperial Irrigation District provides electric facilities in La Quinta. The nearest service location is on Dune Palms Road, north of the Whitewater River Channel. The District indicates that the design of the electrical service will depend on final load G:\SP36 LQCorpText2002.wpd-Greg/Page24 468 u50 SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE AMENDMENT #1 Prepared by Greg Trousdell, Associate Planner calculations for the overall project. The District will require the installation of underground facilities through the center to join with future projects to the east. 2.50.4 - Other Utilities The Southern California Gas Company provides natural gas services. The nearest service is a three-inch gas line approximately 35'-0" west of the centerline along Adams Street. The line ends approximately 18 feet south of the CVWD flood control channel. A four -inch gas main is located approximately 75 feet north of the centerline of Highway 111 and ends approximately 48 feet into the site. These lines will be used to provide service to the site. AOL Time Warner Media-6Re, with the nearest facilities located in Highway 111, provides television cable service. Service will be extended to the site from this point of connection. Verizon Communications will provide telephone service. Fiberoptic cable will be available at the corner of 48th Avenue and Adams Street. Verizon Communications GTE expects to serve the project from this location. Waste Management of the Desert provides waste disposal service. Plans for incorporating recycling facilities shall be considered with the development. Community Development Staff upon submission of Site Development Plans shall review facilities for compliance with City ordinances. 2.60 - LAND USE 2.60.1 - Land Use Plan The CR and CP development standards contained in the City of La Quinta Zoning Ordinance shall be followed except where specifically modified by this Specific Plan. The Plan establishes development standards for the entire site including an integrated design for the Highway 111 and Dune Palms Road frontages. These standards will include considerations for building siting, architecture, lighting, landscape, public art, and parking. These guidelines are intended to be consistent with the La Quinta General Plan goals, policies, and objectives. The key General Plan provisions are reiterated in Appendix One. 469 G:\SP36 LQCorpText2002.wpd-Greg/Page25 s.! 51. SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE AMENDMENT #1 Prepared by Greg Trousdell, Associate Planner The proposed plan anticipates a range of users including but not limited to, retail and food services, a health fitness club, service commercial, medical offices, general office (commercial and industrial) and industrial storage. The site has been divided into four Planning Areas according to major user types (See Exhibit 6). ♦ Planning Area 1 (PA 1) - is dedicated to commercial/industrial development on individual lots. The goal of this Area is to provide hffge 0.5+ acre lots that have necessary circulation and commercial services nearby for industrial users. The uses anticipated could range from retail to storage to auto painting to general offices. Planning Area One is located along the stormwater channel at the northwesterly end of the site. ♦ Planning Area 2 (PA 2) - is located on the westerly side of the site. The area is devoted to retail businesses. The Highway 111 frontage and outlying pads will be dedicated to retail and restaurant development. ♦ Planning Area 3 (PA 3) — is located adjacent to the main entry along Highway 111 and is dedicated to office park and retail development. ♦ Planning Area 4 (PA 4) - is dedicated to multiple tenant industrial/office, storage, general office, retail and support uses. This Planning Area is located along the eastern side of the site adjacent to Dune Palms Road. There is a possibility that the self -storage use may locate within this planning area. The proposed location, in PA 1, adjacent to the existing facility may not be an acceptable marketing strategy and an alternative location within the Plan may be necessary. Planning Area 4 *9 intended to provide suppeFt indUStFi8l uses and would be a earnpatible area for the self-BtOfflge use as opposed to t- The Planning Commission can consider site plan changes to each planning area during review of a developer's project. 2.60.1.1 - Industrial Development - Planning Area One This planning area includes individual lots available for commercial or industrial development. The Plan provides for uses, which are compatible with the City's CP Zoning designation and devoted to eustom light industrial development. Lot sizes range from 0.53 acres to 1.05 acres in size. GASP36 LQCorpText2002.wpd-Greg/Page26 V 4 052 SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE AMENDMENT #1 Prepared by Greg Trousdell, Associate Planner Development on the individual lots would occur in accordance with the design parameters and permitted uses of the Specific Plan and the processing procedures of the City of La Quinta. The Gity standard feFFAR within the GP zening is.50. Whale this FAR could be used within Planning Area ene it is antiempated the FAR will be .35, with Anticipated uses include the following: storage yards, hardware and contractor's supply, automotive specialty repair and services such as windshield replacement, glass tinting, stereo sales and installation and the like. A fitness center is also desired within this Planning Area. Permitted uses can also include general offices and medical uses. 2.60.1.2 - Commercial Development - Planning Areas Two, Three & Four Planning Area 2 includes service commercial uses such as nail salons, dry cleaners, copy services, real estate and financial offices and food services (both full service and take-out) for the needs of the shoppers and workers located within the immediate vicinity. Major users could also include a drug store and clothiers. Planning Area 3 will may include a mid -rise office building. Planning Area 4 will provide a park -like setting for general office users along the Highway 111 frontage and a mixture of the users found in the other two areas. There will be offices, both general and medical and industrial related users such as blueprint or copy services, engineering and design services. 2.60.1.3 - Parking Standards The City of La Quinta Zoning Ordinance sets forth standards for parking for various land use types. The Ordinance leaves open the opportunity to demonstrate that an alternative standard may be more appropriate for a new development concept; based on either on sharing parking between uses, or a determination based on alternative parking demand calculations. The industrial lots within the Plan will meet the City's regulations with respect to parking unless alternative standards are approved with each site development applications. The total number of parking spaces being provided for the regional commercial is 1,366 spaces, this exceeds the City's regulations. However, the distribution throughout the site is not the same as if the land uses were occurring on standalone parcels. The area of the Plan that is the most limited is the area around the fitness center. This localized G:\SP36 LQCorpText2002.wpd-Greg/Page27 471 053 SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE AMENDMENT #1 Prepared by Greg Trousdell, Associate Planner deficiency is not seen as critical to the overall functioning of the site. The City's requirements for a fitness center are significant, more so than in surrounding cities. Applying the standards from other valley cities indicates that there should be sufficient parking in the area. Secondly, the mixture of uses (service commercial and food service) will allow the workers already on -site to use the retail businesses reducing off site trips and parking demands. (See. Condition #64) Fitness Center Parking Demand CITY TOTAL RATIO Cathedral City 105 spaces* one space/250 sq. ft. for the first 8,000 and one/300 sq. ft. thereafter Indio 150 spaces one space per 200-sq. ft. of floor area La Quinta 200 spaces one space per 150-sq. ft. of floor area Palm Desert 200 spaces one space per 150-sq. ft. of floor area Palm Springs 75 spaces one space per 400-sq. ft. of floor area Note: There is no standard so general retail was used. 2.60.2 - Development Standards The uses and development standards within the La Quinta Corporate Center shall be generally in accordance with the provisions of the La Quinta Zoning regulations. Should conflict occur between the regulations and the Plan, the provisions of the Plan shall prevail. Where ambiguity occurs the Zoning regulations shall prevail. 2.60.2.1 - Permitted/Conditional and Prohibited Uses The City's Zoning Ordinance delineates the range of allowed, conditionally allowable and prohibited uses for each zoning classification. A limited number of deviations from these standards are proposed within the Plan (Appendix Three). This Speeifie-Pfaff 4T�.JrWAr-sr_wfr_rr Planning Area One (PA1) - CP Zone: Planning Area One shall be developed in a manner consistent with the CP zone subject to the following modifications. The following are additions/modifications to the CP zone GASP36 LQCorpText2002.wpd-Greg/Page28 47 n 054 SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE AMENDMENT #1 Prepared by Greg Trousdell, Associate Planner list of "Principle Uses" which would be permitted in Planning Area One of the La Quinta Corporate Centre: Retail Stores up to 25,000 sq./ft. (limited to sales of merchandise that supplement and relate to the primary businesses of the CP zoning designation (small equipment and tool sales, plumbing, electrical and contractor's sales yards, auto parts and the like). Plant nurseries and sales, wholesale and retail, without onsite propagation. Showrooms/catalog stores with onsite inventory not to exceed 75% of the GFA. Animal hospitals, clinics and pet grooming Reservoirs and water tanks Automobile repair specialty shops (i.e., window tinting, stereo sales and installation, etc.) Automobile repairs, body work and painting Health and fitness centers Contractor's storage yards General business offices Medical offices (2,000 sq. ft. or less per tenant) The following are additions/modifications to the CP zone list of "Prohibited Uses" which would not be permitted in Planning Area One of the La Quinta Corporate Centre: Restaurants, greater than 4,000 2,000 square feet with conventional seating Restaurants, drive through Golf Courses and Country Clubs Museums and art galleries Social clubs and senior centers Churches, temples and other places of worship Private elementary, intermediate and high schools Planning Areas Two. Three and Four (PA 2. 3 and 4) - M/CR Zone: Planning Areas Two and Three shall be developed in a manner consistent with the CP zone subject to the following modifications. The following uses are additions/modifications to the CR zone list of "Principle Uses" which would be permitted in Planning Areas Two, Three and Four of the La Quinta Corporate Centre: Veterinary clinics/animal hospitals Health clubs and fitness centers over 5,000 square feet G:\SP36 LQCorpText2002.wpd-Greg/Page29 473 o 5 5 SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE AMENDMENT #1 Prepared by Greg Trousdell, Associate Planner Automobile service stations, with or without mini -market Day Care facilities Self -storage (PA 4 only) The following additions to the CR zone list of "Principle Uses" which would not be permitted in Planning Areas Two, Three and Four of the La Quinta Corporate Centre: Wholesale, warehouse and commercial distribution centers in excess of 5,000 sq. ft. Truck or equipment rentals New or used sales of automobiles, trucks, recreational vehicles or boats Automobile, truck, recreational vehicle or boat service centers Contractor's or equipment storage yards Central cleaning or dry-cleaning laundry plants Communications facilities, towers or antennas as a primary use Sign making Fortune telling and palmistry Sexually -oriented businesses Private elementary, intermediate and high schools Senior housing Land use determinations may be reviewed by the Community Development Director as set forth in Section 9.20.040 of the City's Zoning Ordinance. SUMMARY OF STANDARDS BY PLANNING AREA PA 1 PA 2 PA 3 PA 4 Maximum Bldg. Height 35' 50' 50' 50' Setback — Hwy. 111 single n/a 50' 50' 50' story Setback — Hwy. 111 multi n/a 150' 150' 150' story Setback - Image Corridor n/a 20/10 20/10 20/10 Setback - Perimeter 20/10 20/10 20/10 20/10 Streets & cul-de-sacs Setback - Interior property 0 0 0 0 474 G:\SP36 LQCorpText2002.wpd-Greg/Page30 i150 SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE AMENDMENT #1 Prepared by Greg Trousdell, Associate Planner lines within the project Setback — Exterior property lines adjacent to the project Maximum Plan FAR 2.70 - DESIGN GUIDELINES 10, 5' 0' 5' 0.35* (0.50 FAR may be permitted for the self -storage site) 2.70.1 - General Architectural Theme The desired architectural style of the project is contemporary desert based on California Mission, Spanish, southwest and inspired themes found in La Quinta. 2.70.2 - Building Materials and Colors A. Stucco: hand smoothed or vertical -raked textures preferred. B. Masonry: flagstone, adobe or Spanish -style brick, split -faced, fluted, or slumpstone-faced block. C. Wood: exposed, heavy timber, rough sawn beams, glu-lam beams and peeler poles with stain finish (transparent or opaque). D. Glass Block and Stained glass. E. Weathering Metals: copper, iron, bronze used as accents and detail areas. F. Off-white to medium earth tones. Wood surfaces shall be stained using medium to dark earth tones and complementary southwest colors (aqua, teal, terra cotta, and whitewash). The Planning Commission has the authority to approve substitute building materials and color tones during consideration of the specific development project. 2.70.2.1 - Building Forms Building forms, where possible, shall exhibit some stepping both in plan and elevation. This may include the use of covered pedestrian areas adjacent to the buildings and elsewhere as appropriate. GASP36 LQCorpText2002.wpd-Greg/Page31 475 057 SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE AMENDMENT #1 Prepared by Greg Trousdell, Associate Planner 2.70.2.2 - Prohibited Forms Formula, strongly themed or "corporate" architecture is prohibited. As an example, golden arches over the roof of a McDonald's restaurant building is not permitted. 2.70.2.3 - Roofs Hip, gable and shed roof designs or combinations thereof consistent with the general architectural theme are acceptable and encouraged for main building masses. Acceptable roofing materials for pitched roofs include clay tile, and weathering metals. Where clay tile materials are used, a multi -hued mixture of earth tones (terra cotta, buff, olive, and the like) shall be used. Roof parapets should vary in height to create an interesting roofline. Although the use of clay tile and weathering metal roofs is recommended throughout, it is not specifically required for secondary or service -building roofs provided other roof designs are not incompatible with the general architectural theme. 2.70.2.4 - Equipment Screening Roof mounted mechanical equipment, duct -work and vents shall be screened from view by an architectural device consistent with the building design (e.g., stucco parapets, etc.), provided the design features are approved by the City's Architecture and Landscape Review Committee (ALRC). 2.70.2.5 - Fencing and Walls Automobile service areas and service shops, shall be effectively screened from view by masonry walls of the same or complementary materials as the main building walls. Permitted Materials Stucco -covered frame construction Stucco -covered Masonry Block Wood as a decorative item Brick or masonry blocks Cultured or river stone Wrought Iron or tubular steel Prohibited Materials Chain Link Wood (25% or more) Security type materials (barbed or razor wire) 476 G:\SP36 LQCorpText2002.wpd-Greg/Page32 058 SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE AMENDMENT #1 Prepared by Greg Trousdell, Associate Planner 2.70.2.6 - Outdoor Storage Screening Vehicle or materials storage associated within any use in the plan shall be screened from public view by means of a solid 6'-0" high masonry wall (i.e., stucco wall or other type of decorative block material) up to sox feet in height and Areas around the outside of a storage facility shall be landscaped using trees, shrubs, and vines, subject to review and approval by the City's Architecture and Landscape Review Committee. 2.70.2.7 - Site Lighting All lighting shall be designed and located so as to confine direct light within the project boundaries (including landscape buffer areas located along the street frontages). Since the City of La Quinta has generally maintained low lighting levels, this lighting for this project shall be consistent with lower lighting levels wherever practical. Security lighting, if required, shall be approved with each site development review. General: All lighting will comply with the City's Outdoor Lighting Ordinance. The lighting systems shall be designed and installed so fixtures are mounted perfectly horizontal with no tilt to the mounting, or exposed lighting sources. All poles (up to 24'-0" high) used shall be of a decorative or non -glossy finish, such as paint powder coating or an anodized surface. No shiny metal poles or fixtures shall be permitted. Forty-eight inch high bollard lighting is encouraged for traffic entrances and pedestrian sidewalks. Parking and Loading Areas: On -site lighting source for display or parking lot lighting shall be metal halide fixtures (e.g., 175 watt bulbs) mounted on square tubular steel poles, finished as stated above. The maximum height for any light source shall be of 24 feet or less above finish grade. All lenses shall be of a flush design. Lighting levels shall be an average of one footcandle with a ratio of average light to minimum light of three to one. Under lighting of internal drive aisles is allowed, provided parking stalls are adequately lit and the lighting plan is approved by the Community Development Director. 2.70.2.8 - Noise The operation of the industrial users could include repair and service of automobiles, trucks and include other heavy equipment. It is the intent of this Specific Plan that the layout and design for users, which have the potential to generate noise, will be GASP36 LQCorpText2002.wpd-Greg/Page33 47'7 u59 SPECIFIC PLAN THE LA QU/NTA CORPORATE CENTRE AMENDMENT #1 Prepared by Greg Trousdell, Associate Planner designed to the extent possible to contain the noise generated. The layout shall orient the openings to the interior of the sites away from other users. The noise standards established by the City shall be applied throughout the project. Roll -up service doors shall not be visible from adjacent public streets. A second design requirement will be the prohibition of a general usage public address (p.a.) system. There are a variety of communication systems available that can replace p.a. type devices for most applications. These alternatives include pagers, and personal telecommunication systems. Any roof mounted telecommunication equipment shall be screened from view by roof structures. The siting of a monopalm telecommunication antenna in the project requires Planning Commission review and approval. However, no monopalm shall be located within 150 feet of Highway 111 and Dune Palms Road, nor exceed a height antenna height of 80 feet from finished grade. A monopalm antenna shall not be located within 800 feet of another cellular telephone site. Other types of freestanding communication towers are not permitted unless they are aesthetically pleasing to the off -site viewer (e.g., light pole -style antenna, etc.). 2.80 - CIRCULATION The La Quinta Corporate Centre proposes to develop the adjacent street system in a manner consistent with the City of La Quinta General Plan Circulation Plan and also in accord with CalTrans requirements. The property is located on Highway 111, a State highway designated by the City's General Plan as a Major Arterial requiring a half street width of 70 feet. The site also abuts Dune Palms Road, which is designated as a Secondary Arterial, requiring a half width street of 55 feet. Additional right-of-way dedication and street improvements for the streets will be required as a condition of approval of the project. The timing and design of improvements for Highway 111 will be coordinated with CalTrans. All necessary encroachment permits will be obtained. The project proposes to share access and circulation with the hotel/restaurant project, which abuts the subject property on its west boundary. The Hotel 111 Specific Plan approved by the City Council on February 23, 1999, incorporates the concept of shared access with this site. The property to the east shall ultimately continue with the circulation pattern set forth in the Plan by continuing the Corporate Centre Drive providing reciprocal access and parking and by completing the entry on Highway 111. G:\SP36 LQCorpText2002.wpd-Greg/Page34 478 060 SPECIFIC PLAN THE LA QU/NTA CORPORATE CENTRE AMENDMENT #1 Prepared by Greg Trousdell, Associate Planner Prior to issuance of building permits for individual Site Development Permits, applicants shall submit a Transportation Demand Management (TDM) Plan to the Public Works and Community Development Departments. The plans shall address capital improvement and operational standards as set forth in the City's TDM Ordinance. Any transit -related improvements required by the Sunline Transit Agency as a condition to development will not constitute compliance with the plan submittal requirements. 2.80.3 - Site Circulation and Unnamed Industrial Drive (Corporate Centre Drive) Corporate Centre Drive shall serve the properties on the north side of the project using a 64-foot right-of-way. An unnerned public roadway will serve the industrial site.portion of the projeet. Due to existing development constraints at the westem end of t site, a sixty four (64) foot right of way i i through the The roadway intersection with Dune Palms Road and Adams Street is located more than 600 feet from the intersection of Highway 111 providing ample room for stacking and maneuvering of larger vehicles often associated with industrial users. This roadway will also allow the industrial lots to be served by direct access to Adams Street and Dune Palms Road, separating the large vehicle traffic from the mixed -use portion of the site. Until such time as the middle parcel (15+ acres) is developed, a cul-de-sac will be located at the westerly and easterly terminus of the industrial Fead Corporate Centre Drive. The commercial center circulation plan is depicted on the overall site plan. The commercial center will develop its own internal circulation system, which will provide reciprocal access between all adjacent parcels including the previously approved Hotel 111 Specific Plan (98-033). A main vehicle corridor will traverse the commercial portion of the site in an east -west direction. However, the final circulation design will depend on the ultimate users and the configuration of buildings. The internal access for the commercial center will be accessed via amain entry from the signal at Highway 111 and by three minor driveway locations around the perimeter of the center. Once on the property, users will be able to visit the different portions of the site by using the internal roadways without exiting onto a public street. The interior roadway design will use proper engineering principles including but not limited to, adequate distance between intersecting drives and eliminating conflicts between backing vehicles and travel lanes. 479 G:\SP36 LQCorpText2002.wpd-Greg/Page36 061. SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE AMENDMENT #1 Prepared by Greg Trousdell, Associate Planner The plan anticipates cooperation in extending the on -site circulation system including the completion of the main access from Highway 111 upon development of the adjacent parcel. The completion of the circulation system includes the east half of the main access from Highway 111, the industrial roadway and the commercial area parking and circulation network. 2.90 - LANDSCAPE CONCEPTS The landscape concept follows a "desert oasis" theme emphasizing water efficient materials exhibiting color and form. Parking areas in the commercial center will feature the concept of a high canopy- tree form to reduce the conflict between landscape elements and project graphics. The project will feature extensive streetscapes along Highway 111 and Dune Palms Road. The City of La Quinta has adopted streetscape program for Highway 111. It is the intent of this Specific Plan to complement that effort within the landscaped setback area by incorporating design principles into the guidelines for the project. The adopted design theme is included as Appendix Four. 2.90.1 - Landscape Development Standards The La Quinta Corporate Centre will meet the minimum standards for landscape improvements, including parking lot shading as set forth in the City's Zoning Ordinance and other relevant documents. The trees used throughout the site shall be eight to 10 feet in height with a minimum container size of 24" box and a minimum trunk size of 1.5-inch caliper. Shrubs shall be a minimum of five gallons in size, unless specifically approved otherwise. 2.90.2 - Landscape Palette Landscape materials selected for detailed landscape plans (other than Highway 111) shall be chosen from the materials listed below. The plant palette for the Highway 111 frontage is contained in the Highway 111 Design Theme Plan contained in Appendix Four. 2.90.3 - Landscape Maintenance A landscape maintenance handbook shall be established to develop standard maintenance practices for the overall project. Of particular concern, is to allow tree forms to fully develop in the parking lot areas in order to achieve the required G:\SP36 LQCorpText2002.wpd-Greg/Page37 480 ('6 2. SPECIFIC PLAN THE LA QU/NTA CORPORATE CENTRE AMENDMENT #1 Prepared by Greg Trousdell, Associate Planner percentage of shading as set forth in the Zoning Ordinance. The landscape for the commercial center shall also be under a single maintenance contract managed by the center or by the Property Owners Association in the event that multiple ownership exists. 2.90.4 - Landscape Improvements The site development permit applications will address the specifics of the landscaping with the exception of the Highway 111 frontage, which will follow the City's adopted design theme. MASTER PLANT LIST TREES ACACIA SMALII ACACIA STENOPHYLLA CERCIDIUM FLORIDUM CERDIDIUM PRAECOX GEIJERA PARVIFOLIA LYSILOMA THORNBERI SOPHORA SECUNDIFLORA PALMS CHAMAEROPS HUMILIS WASHINGTONIA FILIFERA WASHINGTONIA ROBUSTA PHOENIX DACTYLIFERA ARECASTRUM ROMANZOFFIANUM BRAHEA ARMATA SHRUBS CAESALPINIA PULCHERRIMA CASSIA SPECIES ENCELIA FARINOSA JUSTICIA SPICIGERA LEUCOPHYLLUM C. SPECIES NERIUM OLEANDER'PETITE PINK' NOLINA PARRYI RAPHIOLEPIS (.'SPECIES' SALVIA G. 'SIERRA LINDA' SIMMONDSIA CHINENSIS SWEET ACACIA SHOESTRING ACACIA BLUE PALO VERDE SONORAN PALO VERDE AUSTRALIA WILLOW FEATHER BUSH TEXAS MOUNTAIN LAUREL MEDITERRANEAN FAN PALM CALIFORNIA FAN PALM MEXICAN FAN PALM DATE PALM (ACCENT ONLY) QUEEN PALM (ACCENT ONLY) MEXICAN BLUE PALM (ACCENT ONLY) RED BIRD OF PARADISE CASSIA BRITTLE BUSH MEXICAN HONEYSUCKLE TEXAS RANGER DWARF OLEANDER DWARF MEXICAN GRASS TREE INDIA HAWTHORN SAGE JOJOBA G:\SP36 LQCorpText2002.wpd-Greg/Page38 4.81 o63 SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE AMENDMENT #1 Prepared by Greg Trousdell, Associate Planner THEVETIA PERUVIANA XYLOSMA CONGESTUM 'COMPACTA' GROUNDCOVER ANNUAL COLOR ACACIA R. 'DESERT CARPET' BACCHARIS CENTENNIAL DALEA GREGGII LANTANA MONTEVEDENSIS LANTANA M. 'GOLD SPOT' OENOTHERA BERLANDIERI ROSMARINUS O. 'LOCKWOOD FOREST' SANTOLINA VIRENS VERBENA RIGIDA PALM SPRINGS'GOLD' WILDFLOWERS DESERT WILDFLOWER MIXTURE YELLOW OLEANDER DWARF XYLOSMA SEASONAL FLOWERS TRAILING ACACIA BACCHARIS PROSTRATE INDIGO BUSH PURPLE PROSTRATE LANTANA YELLOW PROSTRATE LANTANA MEXICAN PRIMROSE DWARF ROSEMARY GREEN SANTOLINA VERBENA GRAVEL TAILINGS CALIFORNIA POPPIES, VERBENA, ETC. Special Note: Palm trees inside the development shall be untrimmed to provide a roosting site for bats per General Plan Biological Resources Program 3.3. The use of lawn shall be limited to parkway and art piece areas, subject to review and approval by the Planning Commission and/or City Council. 2.10 - SIGNS The City shall approve a comprehensive sign plan for each building complex prior to the issuance of building permits. A preliminary sign concept including location, general size, materials and lighting, shall be submitted with each site development plan or conditional use permit application. The main principles of the comprehensive sign plan shall be compliance with the sign regulations of the La Quinta Zoning Ordinance, except as otherwise set forth herein. Only channel letter building signs are permitted. - -- - - -- - -- - - -- - - - - ------ - ---- - - -- - - -- -- -- --- - -- -- - --- - -- - -- -- - --3.9r,90I --- -- -- - -- -- --- - - lip I Jim - -- - --- - -- -- -- - ------ -- -- -- -- -- rr_lv-_T_lv-_n 72-- -- - 10, .. .aim .. .. .. ..eenteF 482 G:\SP36 LQCorpText2002.wpd-Greg/Page39 064 SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE AMENDMENT #1 Prepared by Greg Trousdell, Associate Planner The concept being presented represents an integrated approach to center identification for such a large parcel. Overall center identification is achieved with an entry statement on Highway 111 and entry monumentation on each of the secondary street frontages. These "Centre" identification signs will create an address for the individual tenants who are not permitted to have freestanding identification signs. If the underlying pare - - - -- - -- -- - - - - - ---- - - - - - --- - -- ---- --- - I - --- -- -- - --- -- -- - - -- -- -- - - - -- 0- - -- - --- - - - •• - -- --- - --- -- - -- - - --- .... ..ested and ..' minirriurn site frontagerule. Quinta Corporateplan proposes• • . on • . two on • . •(Exhibit 2.10.1 - Signs for the Commercial Center As the leasing program develops and the tenants are identified, the major tenant identification signs may be subject to alteration, which would require approval by the City of La Quinta Planning Commission. The appropriate signage for the ultimate user(s) of this portion of the project will be determined upon development of detailed site development plans. The concept for tenant signs throughout the Corporate Centre shall include a single - sign allowance per user located on the building. Alternative locations may be considered based on the most effective use of graphic identification. The multi -tenant buildings shall integrate a concept for signs into the architectural scheme. Freestanding signs may identify the center, freestanding (single user) buildings or a combination of both. No individual tenants, located within a multiple tenant building may be identified by a freestanding sign, except that single tenants with more than 10,000 gross (leased floor) area may be identified on the complex signs. All freestanding signs shall be of a monument style. Within the regional commercial portion of the Plan, a service station site has been identified. The sign identification for this type of user shall include the mandatory State of California pricing signs, which may be freestanding and located in the landscape setback area and identification on the building or canopy. The commercial center will have a center identification sign along the Highway 111 frontage. In addition there will monumentation at the west and east secondary access G:\SP36 LQCorpText2002.wpd-Greg/Page40 ON 065 SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE AMENDMENT #1 Prepared by Greg Trousdell, Associate Planner points on Highway 111. In general, monument signs shall conform to the City of La Quinta standards, except that single tenants with more than 15,000 gross (leased floor) area may be identified on the complex signs. Exhibits 12 through 18 depict the sign locations and design concepts for the project identification signs. Final monument sign designs may be altered to reflect the detailed architectural character of the Centre. 2.10.2 - Signs for the Industrial Center Generally, the sign provisions for the individual industrial lots shall be in accordance with the City of La Quinta sign regulations of the Zoning Ordinance. The structures with multi -tenant use shall follow the pattern of the commercial portion of the development in that the multi -tenant buildings shall integrate a concept for signs into the architectural scheme, which shall become the basis for the comprehensive sign plan for the building. The signs shall be approved with each site development plan or conditional use permit review. Freestanding signs for the single -user properties shall be in conformance with the City of La Quinta standards, ensuring design graphics match those contained in Exhibit 15 of the Plan. 2.10.3 - Signs — Area Calculations Sign applications within the La Quinta Corporate Centre shall be processed in conformance with Condition of Approval #68. G:\SP36 LQCorpText2002.wpd-Greg/Page41 n t 6 0 m m m m m m m s m s M s s mmff m I s.am Z 485 Exhibit 11 C 6 7 (ID O. SMMH Anon ASSMUM, JWC. Preliminary Grading Plan AW �A'�° A L M. 301 P La Ouinta Corporate Centre Specific Plan rrr � r�apum cwrodv rir, sans sof11 ry aiuvr (,W Sgo-Z % r°Ra �isw BE 29, T. 5 8., R. 7 E. . ADAMS Jvl o m H R4 b b �1 _ IlilllIlllNlllf11111f11111 Allnllllntt ttnitln 1 Exhibit 12 ommoom> COD o _ o 0 a o o o o = m o 0 a (A j a C N PA 177 7 fl N CD M v m m o a Co 486 U63 m m m a m s m j 1=4NAMMMKI 481 u63 SMITH AND ASSOCIATES, INC. S I C� n Concept s AINMAINIERO, PUNNING / am mmDu ma / JAM SMVZMO La Quinta Corporate Centre Specific Plan >n a awpwrr uNroN war, sum sol Nips'a j ,;;' 17,2;r`' ;,, SECTION 29, T. 5 S., R. 7 E. u 1 1■ S■ i s s t s s G y 2 m. O a r ae r y C a r — /� LO) m 4 y z z O y z T a m L m a o m m m D 'ir— 488 U70 Exhibit 14 MAXSRO, SMITH AND ASSOCIATES, INC. S i g n C o n c e.pt s puma'C / CIVIL SNCm'umc / LAND SVRYMND 2" s ru,ODlTZ CANYON WAY. SUITE DOI La Ouinta Corporate Centre Specific Plan Y4LY SPRWG� CALIFORNIA 0 2 EE2 -04 TaffNONc neD/ 32O-oau / rer 323-7ew SECTION 29, T. 5 S., R. 7 E. 1>, mm�mmmmmmmmmmmm o. N F• O r m a O r• m z Z "a :0 ' r-.. N. a p_ z X m p a 0 m m I... a 0 nt co C 0 X a r r w z A O z b i z m (D a X '0 m 0 m m m a m 0 Exhibit 15 489 071 MAINIERO, SMITH AND ASSOCIATES, INC. PLWNMG RNGINRRRING / LAND lNC S I ci n C o n c e.pt s La Quinta Corporate Centre Specific Plan SECTION 29, T. 5 S., R. 7 E. ` "IQcivil T .701 777 b TA110O17Z CANYON IIAY. SOIT6 JOl Z. PAL! SPRING$ CALFORNIA 90202-0701 TRLRPl'ONB (760) JRO-D011 / FAX JSJ-70➢J m=>> s" s m s s a a� s� s s: m x CU m _r z D m 0 n O z 0 0 z C/) O n D O D r 1 fs I) 072 Exhibit 1+6 MAINIERO, SMITH AND ASSOCIATES, INC. S I Ci n C O n C P•� t S (IDPUN"" / "Q IDVCJIV ,V A rA u w joi rNC La Ouinta Corporate Centre Specific Plan Tl/ b TANQUITd CAM'ON IIAY. SURE 90t PAW spRINGR, uus»NNu 9E9QP-Q7RI SECTION 29, T. 5 S., R. 7 E. Td ..A (700) 380-YOlt /PAY J93-700.7 I I I I 9.80: PERMITTED NONRESIDENTML USES 9.80.040 Table of Permitted Uses. A. Uses and Structures Permitted. Table 801: "Permitted Uses .in Nonresidential Districts", following, specifies those uses and structures which are permitted within each nonresidential district. the letters in the columns beneath the district designations mean the following: 1. "P": Permitted as a np 'ncipal use within the district. 2. "A": Permitted only if accessory to the principal use on the site. 3. "C": Permitted as a principal or accessory use if a conditional use permit is approved. 4. W": Permitted if a minor use permit is approved. 5. "T": Permitted as a temporary use only. 6. "X": Prohibited in the district. B. Uses A'ot Listed in Table. Land uses which are not listed in Table 801 are not permitted unless the Community Development Director or the Planning Commission determines that such use is within one of the permitted use categories listed preceding (e.g. principal use, conditional use, etc.) in accordance N�ith Section 9.20.040. TABLE 801: PERMITTED USES IN NONRESIDENTLAEDISTRICTS }' -DISTRICT $: P = Principal Use M = Minor Use Permit A = Accessory Use T = Temporary Use Permit = y Y � Y � ' V R`nIT. �. C = Conditional Use Permit X = Prohibited Use 'r�,8 a Bw o r= o a - a Ee' o o u u uu 'zu LAND USE CR CP CC CN CT CO MC Retail Uses Retail stores under 10,000 s /ft floor area per business P A P P A A X Retail stores. up to 25,000 sq . ft . P P P P X X. X Retail stores', over 100,000 sq . f t. C X C X X X X Food, liquor, and convenience stores under 10,000 sq/ft P' A P P A A X floor area, open less than 18 hours/day' Food, liquor, and convenience stores under 10,000 sq/ft C X • C C C X X floor area. open 18 or more hours/day' ' Other than convenience stores. Items sold may include clothing, groceries, meat, drugs, jewelry, sundries, office supplies, pets, furniture, appliances, hardware, building materials (except lumber yards), and similar retail items. 2 With no consumption of alcohol on the premises. 4,91 o73 80-2 i [l I I 1 9.80: PERR1fITTED NONRESIDENTIAL USES TABLE 801: PERMITTED USES IN NONRESIDENTIAL; DISTRICTS 'DISTRICT P = Principal Use M = Minor Use Permit _ A =Accessory Use T =Temporary UsePermit _...� e." max. 'Ew. .: ; :�y� :�E- C = Conditional Use Permit X = Prohibited Use E . :E� . E E. o N E LAND USE ICR 'CP CC' Chi -CT CO MC Plant nurseries and garden supply stores, with no C P C C X X X propagation of plants on the premises, subject to §9.100.120 (Outdoor Storage and Display) Showroom/catalog stores, on site inventory P P_ P X X X X not to exceed 75% GFA General Services Barber shops, beauty, nail and tanning salons and similar P A P P P A X uses Miscellaneous services such as travel services, photo P A P P P A X developing, videotape rentals, shoe repair, appliance repair. and similar uses Laundromats and dry cleaners -- except central cleaning P X P P P X X plants Printin.a, blueprintin.9, and copy services I P P I P I P I P I P I X Pet grooming I P I P P P P X X Office Uses and Health Services Banks P X P P P P X General and professional offices P * P P P P C Medical offices -- physicians, dentists, optometrists, chiropractors, and similar practitioners P * . 'P P P P P X Medical centers -- four or more offices in one buildin P x P C X P X Sur icenters/iNledical Clinics P X. P C X P X Hospitals C X X X' X X C Convalescent hospitals C "X. C X X X C J 92 U74 80-3 T SIDENTXA.T. DISTRICT'S' :4 Y TABLE 801: PERMTI aD USES IN hONRE , :.DISTRICT. seb' Di=blinorUPermit' p al Use`$ —' = ��:<. '! .,.. �' r'''•".' "' "•` v=•' A Use T=TemporaryUsepermit =Accessory o X,a Q xE•.Ei.'.. ��v is E E:p E' _ s E t a'a K Use Pe X=Prohibited Use o U�'�� C =Conditional � y ;! •mot y, }fj'`C::. , CR CP CC' CN CT LAND USE Veterinary clinics/aninal hospitals, and pet boarding C P , C C X X X (indoor only) Dining, Drinking, and Entertainment Uses greater than �, 0 0 0 sq.. f t. p X p p P A A Restaurant' , A X P Restaurants. drive-thru tale -out with ancillary seating, such P P P P P P A Restaurants, counter similar as opur►. ice cream, astryshops,and C X C C C X C Bars, taverns, and coc'.<tail loun es X X Dancing or live entertainment as a rinci al use C X C X C A X C C C C X Dancing or live entertainment as an accessory use X C X C X X Theaters, live or motion picture C Recreation Uses Bowling, ool or billiard centers as a rincipal use . C X C X C X X X Pool or billiard tables as accessory use (3 tables or less) A A A A A A Game machines, 11 or more (as either a principal or C X C C C X X accessory use) A A A A .A X Game machines as an accessoryuse, tenor fewer machines X X Golf courses and country clubs (see GC District permitted X X X C A uses, Chapter 9.120) X X A C Tennis clubs or complexes M M M M M A Health clubs, martial arts studios, and dance studios, 5000 M s /ft floor area or less C .�P C C C C X' Health clubs, martial arts studios, and dance studios, over 5000 s /ft floor area Ny P C p p P P Libraries - 493g�1 075 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 9.80: PERMITTED NojVRESIDENTIAL USES TABLE 801.: PERMITTED USES IN NONRESIDENTIAL DISTRIC`•TSK q'Y''f .':DISTRICT P = Principal Use hi = Minor Use Permit = 71 _ "'y Q _ A Accessory Use T=TemporaryUsePermit ' E ,. �E :�4. EE. ��E C = Conditional Use Permit X = Prohibited UseZ. o o : �'., E o' `Q o `• �'�.::. • LAND USE CR .CP CC •CN CT 1-to"I'Mc. lAuseum or gallery displaying sculpture, artwork or P X P P P P P crafts, including schools for above Parks. unlighted playfields. and open sace P ]? P P P P I P Lighted lavfields X X X X X X C Bicycle, a uestrian and hiking trails P P P P P P P Indoor istol or rifle ranges X C X X X X I X Miniature golf/recreation centers C X X X C X X Assemblv Uses I Lodaes, union halls I C P C C X X I C Churches, temples and other places of NvorshiP C X C C X C I X Mortuaries and funeral homes C C C X X X X I Public and Semi -Public Uses Fire stations P P P P X P I P Government offices and polive stations P P P P P P P Communication towers and equipment, subject to Chapter C C C C C C C 9.170 Electrical substations M M M X X X M Water wells znd umping stations M M M X X X M Reservoirs and water tanks X P X X X X M Public flood control facilities and devices P P P P P P I P Colleges and universities C X X X X' X C Vocational schools, e.g. barber, beauty and similar C C C X X C C Private elementary, intermediate and high schools C X C C C C C • '. 494 sc o7 i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • 9.s0: PEPtiliTTED NONRESIDENTIAL USES TABLE 801: PERMITTED USES IN NONRESDANTIAL DISTRICTS •x g- : { DISTRICT P = Principal Use hi = Minor Use Permit = Acces3orr Use T =Temporary Use Permit`` C= Conditional Use Permit X= Prohibited Use MA EtMt a a F o �C=U ZV`ft. LAND USE ARA CP CC CN CT CO; =MC. CIc Private swim schools I C I C' X C X C Train, bus and taxi stations X C X C X C Helicopter pads X X X.. X C X C Public or private kennels and animal shelters (with indoor X C X : X X X C or outdoor pet boarding) Residential, Lodging, and Child Care Uses I Townhome and MultifamilyHdwellings as a rima useX X X X X X *If put of a mixed use roject er § 9.80.020 or 9.80.030 Residential as an accessory use, e.g. caretaker residences C- C C C C C C per §9.100.160 Child day care facilities, centers and preschools as a C C C C X C C rinci al use, subj. to 9.100.250 (also see Accessory Uses) Senior group housing, subject to §9.100.260 C X X X X X X Rooming and boarding houses C X X X X X X Single room occupancy (SRO) hotels, sub'. to 9.100.270 C. X X X X X X Emergency shelters P P P P P P P Transitional shelters for homeless persons or victims of C X X X X X C domestic abuse Mixed-useprojects: residential and office/commercial C X Hotels and motels C X C X C X X Timeshare facilities, subject to 9.60.280 C X C X C X X $ed and breakfast inns X X X X X X X Caretaker residences M M M M M M M a 4 9 5o t.�77 9.80: PERMITTED NONRESIDENTIAL USES 1 TABLE S01 '. PERMR—rED USES IN NONRESIDENTIAL DISTRICTS- •_1.1. 1 1 1 1 1 1 "-DISTRICT': ::.,.•_ ; p hi = Minor Use Permit h. =Principal Use �T n: R _ ^: v �.i.• rl =' A —Accessory Use = Temporary Use Permit S.E. ;€ 4 ` E ! v a•i a. C =Conditional Use Permit . X =Prohibited Use; `. Y E CC] p.� �y Y O • p U U. ' zV U: U he LAh'D USE CR •CP :CC CT; :CO. Automotive Uses 9.100.120, Outdoor Storage and Dis lay) (subject to;service Automobile stations, with or without minimart C C C X X C C C X X X Car washes Auto body repair and ainting; transmission repair X P X X X X Auto repair specialty shops, providing minor auto C C C X X X maintenance: tire sales/service, muffler, brake, lube and tune-up Svcs -- not including major engine or drivetrain Auto and motorcycle sales and rentals I X I X Truck. recreation vehicle, and boat sales C C Truck and/or equipment rentals X_ C Auto parts stores, with no repair or parts installation on the P P remises Auto or truck storage yards, not including dismantlin x C Private parking lots/garages as a principal use subject to C C Cha ter 9.150. Parkin Warehousing and Heavy Commercial Uses (subject to §9.100.120, Outdoor Storage and Dis lay) Wholesaling/distribution centers, with no sales to X P consumers General warehouses, with no sales to consumers x P Mini -storage warehouses X P Lumber yards, outdoor (see retail stores for indoor lumber X C sales) Pest control services C l x xWxx X X X X P C X X X X X C I x C C X xIXIIX.IXIX qX x X X X X X Xx X X X X X l X I x l x-1 49 9,-,7 o78 9.80: PERMITTED NONRESIDENTIAL USES . 1 Fr LE 801: PERMITTED USES =IN NONTRESIDENTU L DISTRICTS Aa. :�+�• ',•^. yt.•• •:t:2<tiYyy'+ � '.��': .:.j •w:.�'yY+::+:�f�,•£.,, r: �y p,�. '7. 5.. ,:•: ::.�)�`;..AY'Y, :: .. -+DISTRICT -, I PrincipalUse Iti1= hiiuor Use Perr;tit: 4:• •, o�^ • Use 'T = Temporary Use Permiy:g Es :� _ E•• AE.nal Use Permit X = Prohibited Use;` }}'r= •7V e: �ee- E a' 4 3.H ° o:°max 'yC O Y:O `•VUf S 'V" Ci •. .C�v4r•; ::•- °` ` jcp 'Ce. cN+ CTco" .mac ' SAND USE tPlumbing 'repair shops X I P X I X X X I X Contractor, public utility and similar equipment/storage X X X X X X C yards ' ' Central cleaning or laundry plants I X C C X X X X Communication or relay facilities/antennas as primary use C I C C C C C I C ' Industrial and Research Uses ' Indoor manufacture and assembly of components or X P X X X X X finished products from materials such as cloth, fiber, fur, glass, leather, stone, paper (except milling), plastics, metal, ' ' and wood Research and development P P X X X X X ' Recording studios P P X X X X X Bottling plants Sign makin , exce t sandblasting P P X X X X X Sign making, includin& sandblasting X P X X• X X X ' Recycling centers as a primary use, collection and sorting X C X X X X C only, subject to §9.100,190 ' Offshe hazardous waste facilities, subject to 9.100.230 X C X X X X X" A*ccessory Uses and Structures ' Portable outdoor vending uses (such as flower stands, M M M M M M M hotdog stands, etc.), subject to §9.100.100 ' Swimming ools as an accessory use M X M X A M A Golf or tennis facilities as an accessory use M X M X A M A ' Signs, subject to Chapter 9.160 A A A A A A' A Fences and walls, subject to 49.100.030 A 497 ()79 80-8 I 1 1 El 9.80: PERAfta,- L NONRESIDENTIAL DISTRICTs . USES III TABLE 801: PERII�STT'I'ED •� 'DISTRICT — Principal Usehi = Minor Use Permit p_ pal Temporary Use Permit ` E a �= i 'E E : $'—", „=' �•. e Yw p �" .. "E_:. E �' A = Accessory Use T = X = Prohibited Use E cv i �'. o o `= :� '5 �$£ C =Conditional Use Permit V tJU LV V v o.�•=•• CR CP CC CN' CT 'CO:' IYIC LAND USE Antennas and satellite dishes, subject to §9.100.070 A p p A A A A Reverse vending machines subject to 9.100.190 A A A A X X A Recycling dro off bins, subject to §9.100.190 '. M.I p, M M X A XI l or A A A A A A A Incidental products or services for emp oyees businesses, such as child day care, cafeterias, and business su ort uses Other accessory uses and structures which are customarily associated with and subordinate to the principal use on the premises and are consistent with the purpose and intent of the zoning district, as determined by the Director. Temporary Uses Christmas tree sales, subject to §9.100.080 Halloween pum kin sales. subject to §9.100.090 Stands selling fresh produce in season, subj. to §9.100.100 Sidewalk sales. subject to §9.100.130 Tern ora outdoor events, subject to §9.100.140 Construction and guard offices, subject to §9.100.170 Use of relocatable building, subject to 9.100.180 Other Uses Fortune telling and palmistry Sexually -oriented businesses, subject to §9.100.080* * Property must also be located within the SOB (: Other uses not listed in this Table. AIAIAIAIAIAIA T T T T X X T T T T T X X T T T T T X X T T T T -I' T T X T T T T. T T T T T T T T T T T I'T T T T T T ixi±xc Xd:� X±Lx Oriented Business) overlay district-. Per §9.20.040, Director or planning Commission to determine whether use is SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE AMENDMENT #1 Prepared by Greg Trousdell, Associate Planner APPENDIX ONE GENERAL PLAN POLICIES G:\SP36 LQCorpText2002.wpd-Greg/Page48 499 081. SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE AMENDMENT #1 Prepared by Greg Trousdell, Associate Planner APPLICABLE GENERAL PLAN POLICIES The General Plan of the City of La Quinta was adopted in 1992 and includes Goals, Objectives and Policies that were deemed by the City necessary to properly implement the plan. The key policies that affect the development of the subject property are as follows: LAND USE ELEMENT • : • I I LM I I F- PIT III • - _ _ - F111111 mn-I: u 009 people. Businesses allowed The WRG category shall provide areas fOF businesses serving the to locate the M/RG areas shall inelude major Fetail eernfriereial tenamts asseeiated with t t rnallf t fee"Otoes7 uses, entertainment uses, as well as auternobile uses of a Fegional MatUFe, may also be ." Policy 1.2: "The City will encourage an integration of a wide range of support services at employment centers, including child care, occupational health, fitness facilities and convenience retail shops." The Plan provides a variety of building types, sizes and locations so that there is maximum flexibility in attracting businesses appropriate for the M/RC classification. A Floor Area Ratio of 0.35 is planned within the 36-acre development. GASP36 LQCorpText2002.wpd-Greg/Page49 5oo �i82 SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE AMENDMENT #1 Prepared by Greg Trousdell, Associate Planner --W W- - - I R-f.--- - I I L-Al: - - -- - All .: :IJIF11, :. Policy 2.1: "Residential development shall not be permitted within 600 feet of Highway 111 in the Regional Commercial designation, except as allowed in the nonresidential overlay in the Development Code." The Plan complies with the Non -Residential Overlay by not permitting residential uses. generally 'argeF than 20 aeFes im size. Pmperties smallef them 20 aeres withim the Non Residential everlay afes shall be limited to cornmeFeial uses. PFOpefties sfnallef than 29 aeres autsode of the Non Residential E)veF18Y she" be single use, either eernfneFeial or es*demPolicy 4 - Specific Plans of Land Use shall be required for all projects of 20 acres or more before any land divisions. The Plan complies with this policy. • -- -- - - - - - - - - - -- -- IL .:::. : : area shall stipulate phasing of eanstruetion and responsibility for publie fae"ity " General Land Use Policy 6 - "In -fill development shall be encouraged by placing capital improvement projects in the developed areas of the City as top priorities." The Plan proposes project and infrastructure phasing in Section 2.20. Policy 10: "The City shall maintain its "dark sky" ordinance." The plan proposes low-level landscape lighting and down focused lighting within the parking areas. GASP36 LQCorpText2002.wpd-Greg/Page50 501 1183 SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE AMENDMENT #1 Prepared by Greg Trousdell, Associate Planner TRAFFIC AND CIRCULATION ELEMENT -----WJIrw--WJ - - -MWA --- -- - - -- --- -- - - - -- - -- -- LwMI- ---- IMMIwI--IM L�-MMMM WLW=WLwILIAwJtWJ- -- -- - -- - - --- --- WwA - - - - - -- --- - - - - --- --- - - - - -- -- - - - --MW IiIIIi-----d --- -- - -- - - --- ---- -- - -- -- -- - -: -; - --- - --AMWA --;-; - - : .: : :- : ;- of the Ravefsode Gounty Gangestion Management Plan " Policy 1 - "Establish and maintain a master plan of roads, which sets forth detailed improvement plans and schedules for implementation, to assure minimal levels of roadway segment and intersection operations at V/C ratio of 0.80 and LOS D, respectively." A traffic study has been completed for the Plan and the improvements proposed will preclude the Level of Service from being below level "D". Polley 3 2.1.5 "The Gity shall adopt design standaMs for a" stFeets In aeeeFdanee witli their funefienal elassifieefiens and reeagnized design guidelines. A" StFeets within the eity of Le Quimte she" be designed on aeeoFdanee with the standards present in Table eiassefleatmen as shown in Figure GIR 4, Roadway Gross . Policy 1.1: "Initiate and complete a master plan of roads, which includes targets for ultimate rights - of -way and pavement widths and provides a schedule for securing right-of-way and constructing improvements consistent with the projected needs and standards set forth in the City Circulation Element and Program EIR." The public road sections will comply with the City adopted road sections. --7M,;4! ■- - ------ - - -- - - --- -- - -- -- - -- - - --- -- -- -- - - - -- - -- ------ - -- --- - -- -AmAggMAggi M-- G:\SP36 LQCorpText2002.wpd-Greg/Page51 502 u84 SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE AMENDMENT #1 Prepared by Greg Trousdell, Associate Planner Poloey 3 2.1.9 "Installation of all new tfflffie eentffll deviees shall be based upon ." Policy 2.2: "Review new and redeveloping project along Washington Street, Adams Street and Highway 111 with the intent of limiting access and aligning and/or consolidating access drives in a manner which minimizes conflicting turning movements and maximizes the use of existing and planned signalized intersections." A traffic study has been completed for the Plan, surrounding and adjacent developments. When warranted, traffic signals will be installed on Highway 111. Access points will be located and comply with best practice methods. - - - - -- - - - - -- - -- -- - - - - -- NONNI Policy 6: "Develop and encourage the use of continuos and convenient bicycle routes and multi -use trails to places of employment, recreation, shopping schools, and other high activity areas with potential for increased bicycle, equestrian, golf cart and other non -vehicular use." The plan complies with Exhibit 3.10 of the General Plan. - -11L. Us 0 -- -- - - - -- . - --- -- - - - -- - ---- -- -- - - -- -: -- - -- - - -- - - .- ;-- :::. ; 111111 :- ::: : ; ---- - - - -- - - ---- • - - IF Ina 24�111�1 - Policy 2.3: On Major Arterials, the minimum intersection spacing shall be 1,060 feet for commercial projects. "Intersection spacing may be reduced to 500' at the Whitewater Wash Channel and La Quinta Evacuation Channel. The design speed shall be 60 mph. Left turn median cuts may be authorized if turn pocket does not interfere with other existing or planned left turn pockets. Right in/right out G:\SP36 LQCorpText2002.wpd-Greg/Page52 50,1 �85 SPECIFIC PLAN THE LA QU/NTA CORPORATE CENTRE AMENDMENT #1 Prepared by Greg Trousdell, Associate Planner access driveways shall exceed the following minimum separation distances (in all cases, distances shall be measured between curb returns): — more than 250' on the approach leg to a full turn intersection; — more than 150' on the exit leg from a full turn intersection; — more than 250' between driveways. All access configurations shall be subject to City Engineer review and approval." The plan complies with these provisions by minimizing the amount of individual driveways and the use of medians. The access points have been consolidated along Highway 111. In addition to the main entrance there are four minor access points along the 2,300 feet of frontage. The landscape concept will comply with the City's adopted design theme for Highway 111. In addition the Plan provides for landscape design enhancements along Dune Palms Road. Turf should be used in a manner consistent with citrus trees —sparingly and in high visibility locations. Primary image corridors shall include street traffic signals, street lighting systems, street furniture, bus shelters, street name signs, and noise berms/barriers, which are designed in a coordinated and consistent theme unique to La Quinta. At key intersections, primary image corridors shall include treatments which may include special roadway paving, hardscape/screen wall arrangements and displays of public art. - - - - ----- - - , T-IT - -�--in 1.00it MamiNin I I ff. I N L W I w M 4 0 U - - -w1w 10 1.. : ::- - - - - - -- -- - -- - - ---- -- NOMMMUM- -- ----- ----- -- - • -- --- - - ----a -- F;U--- -- .:: ; R1 504 GASP36 LQCorpText2002.wpd-Greg/Page53 80 l.! SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE AMENDMENT #1 Prepared by Greg Trousdell, Associate Planner addition the Plan provides for landscape design enhancements along Dune Palms Road. Turf should be used in a manner consistent with citrus trees —sparingly and in high visibility locations. " Policy 14: "The City shall maintain building height limits along Primary, Secondary, and Agrarian Image Corridors in its Development Code." The maximum building height along the image corridors will be 22 feet (excluding architectural projections) within the Highway 111 corridor (i.e., first 150 feet) and a maximurn of " feet elsewhere., unless otherwise allowed by the Planning Commission. Buildings outside of the height restricted area may be up to 35 feet high. „ attreetive appear-anee on fn8j0F stFeets. Setbacks for walls, buildings and parking areas may vary, of pFoperly designed, but shall generally be as follows. Policy 13: "In order to preserve the aesthetic values on the City's streets, minimum landscape setbacks shall be as follows": Highway 111 — 50 feet Secondary Arterial - 10 feet - "ON, : -: - - ---- - - -- -- ---- :: - - The plan complies with this policy. Biological Resources Policy 3: "Native, drought4olorant desert plant materials shall be incorporated into new development to the greatest extent practical. Invasive, nonnative species shall be discouraged." The plan complies with this policy. Turf should be used in a manner consistent with citrus trees —sparingly and in high visibility locations. Polmey 3 4.1.17 "The Gity's streetseape quality she" be improved by undergratinding of utilities wheFeVeF " Public Utilities Policy 3: "All utility and electric wires up to 34.5 kilovolts serving new development shall be installed underground." The utilities to the site and within the site will be located underground. G:\SP36 LQCorpText2002.wpd-Greg/Page55 5 S o88 SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE AMENDMENT #1 Prepared by Greg Trousdell, Associate Planner Public Utilities Policy 4.1 "To the greatest extent practical, all new utility equipment boxes, including but not limited to traffic signal equipment, and electrical and telephone equipment, shall be located either under ground, or away from street corners and effectively shielded from public view. Undergrounding of these facilities is preferred." Project conditions will be imposed to comply with this policy. employment,Policy 3 5.1.1 "The Gity shall coordinate with Sunline Transit to establish transit steps adjacent to medical facilitie., eit4zen faei'itoes, major areas of shopping centers and " Policy 4: "Encourage expansion of ridership and the service area of the public transit systems operated by the Sunline Transit Authority within the City." The plan will provide for transit stops and facilities to be determined during review of development applications. ENVIRONMENTAL CONSERVATION ELEMENT -- - -- --- - - -- -- -- - - - - -- ---- - - -- - -- - - ._ . _ ._ - - I- - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - Paleontologic Resources Policy 1: "The City shall require the preparation of paleontologic resource analyses by a qualified paleontologist for all development proposals which occur in areas of High Sensitivity." GASP36 LQCorpText2002.wpd-Greg/Page56 507 i�89 SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE AMENDMENT #1 Prepared by Greg Trousdell, Associate Planner A cultural resources report has been submitted to the City for review. The mitigation measures contained in EA 99-383 shall be met, as prescribed. she" be designated E)pen Speee and delineated as sueh on the Gansewation Pelffie!y " Paleontologic Resources Program 1.3: "Mitigation plans prepared as part of paleontologic resource analyses shall be implemented as part of mitigation monitoring and reporting programs." The plan will comply with the mitigation measures proposed in the cultural report and City Council Resolution 99-110. Cultural Resources Element Policy 3.2: "The city shall use its regulatory power to ensure the proper protection of cultural resources and avoid or minimize adverse effects on such resources from private projects that require discretionary city actions." The plan will comply with the mitigation measures proposed in the cultural report and City Council Resolution 99-110. :.: - -- - -- -- - -- --- - -- - --- --- - -- - -- -- Coeiement in the oveFoll design, which has been appfaved by the Gity. (See ndition INFRASTRUCTURE AND PUBLIC SERVICES ELEMENT — .- _. - � A ^ r a T1_ _ nti.. _L_11 __-......_ aL..a.........J......1..............♦ .......A.J.. —A--. ..-..s..—A Ghannel" Flooding and Hydrology Policy 5.1 (2"d paragraph): "New development immediately adjacent to the Coachella Valley Stormwater Channel shall continue to have the option of discharging 100-year stormwater flows directly into the stormwater channel." The Plan will convey stormwater to the Coachella Valley Stormwater Channel as well as install levee lining adjacent to the project as defined under the improvement plans presented to the City Council in 1999. 5 011 GASP36 LQCorpText2002.wpd-Greg/Page57 1.7�L SPECIFIC PLAN THE LA QUINTA CORPORATE CENTRE AMENDMENT #1 Prepared by Greg Trousdell, Associate Planner AIR QUALITY ELEMENT - - - - - - -- - - - - -- - ----- TIME - - - - H "M - :.: :- - - - -- --- sopl i 6 atMM Handbook for preparing EnviranFmentsl Impeet " Air Quality Policy 6: "New development shall be designed and constructed in a manner which minimizes the emission of project related pollutants." An air quality report has been submitted and the mitigation measure will be incorporated into the plan. Air Quality Program 7.2: "Continue to support and implement the provision of the State Implementation Plan for PM10 in the Coachella Valley." Dust control measures have been made part of the plan. Pa"ey 9 8.2.5 "The Gity she" administer the . . . 24 the existing eutdoof Murnonstion efdonanee (Bark Sky E)Fdinanee) to help limit night tifne eneFff consumption fFI " Energy Policy 2: "The City shall promote the development and use of alternative, clean, renewable energy resources." The plan proposes low-level landscape lighting and down focused lighting within the parking areas. Security lighting for buildings and parking areas shall be metal halide, unless otherwise approved during review of the development plans. 509 GASP36 LQCorpText2002.wpd-Greg/Page58 091. Attachment 6 Planning Commission Minutes May 14, 2002 C. Condition #81: A t high block wall matching the existing wall a southern property line shall be construct o construction of any buildings and th Olea ge shall be removed. d. #82: 'Room and Information" sign e square foot in size. L: AYES: Commissioners Butler, Ro yler, and Chairman Abels. NOES: None. Commissioner Kirk. ABSTAIN: None. Chairman Abels recessed the meeting at 8:46 p.m. and reconvened at 8:51 p.m. D. Specific Plan 99-036, and Site Development Permit 2002-734; a request of Sky West Corporation Centre Group, LLC and the City of La Quinta for: 1) Amendment of the text development standards and design guidelines for a 36 acre Specific Plan, and 2) review of architectural landscape, site, and lighting plans for a two story office building on 2.25 acres located approximately 800 feet east of Adams Street and on the north side of Corporate Centre Drive. 1. Chairman Abels asked for the staff report. Associate Planner Greg Trousdell presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Abels asked if there were any questions of staff. Commissioner Tyler asked if the project butted up against the storage center. Staff indicated the location on the site plan and stated it did not. 3. There being no questions of staff, Chairman Abels asked if the applicant would like to address the Commission. Mr. Robert Wood, construction manager for Sky West Corporation gave a presentation on the project. 4. Chairman Abels asked if there were any questions of the applicant. Commissioner Robbins stated that in the middle of the site there is a storm drain which has no grate with an eight foot hole that is full of trash and is dangerous and should be resolved before anything else happens. His other concern is the wall at they G:\WPDOCS\PC Minutes\5-14-02.wpd 8 1i92 Planning Commission Minutes May 14, 2002 rear of the project; would the well site be walled off or will there be a hole in the wall. Mr. Wood explained there would be a six foot slumpstone wall around the entire facility. Across the wash they are proposing a wrought iron fence to march to the J. Paul property. Commissioner Robbins asked if there was a blank space between this project and the storage area for the District well site. Mr. Scott Gaynor, master developer, explained they would take care of this. 5. Mr. Scott Gaynor, the master developer, stated they supported the project. He also asked that a classification of "retail" be added to Planning Areas #3 and #4. Commissioner Butler asked that a letter be received from the owner of PA #4 for the file granting approval. 6. There being no further public comment, Chairman Abels closed the public participation portion of the public hearing and opened the matter for Commission discussion. 7. Commissioner Tyler noted other miscellaneous changes that should be made on the Specific Plan. 8. Commissioner Robbins stated they will need to reroute a storm drain and get the new outlet approved by CVWD. 9. There being no further discussion, it was moved and seconded by Commissioners Robbins/Butler to adopt Planning Commission Resolution 2002-048 recommending approval of Specific Plan 99- 036, Amendment #1, as amended: a. "Retail" shall be added to Planning Areas #3 and #4 throughout the Specific Plan document, if requested by the property owner. ROLL CALL: AYES: Commissioners Butler, Robbins Tyler, and Chairman Abels. NOES: None. ABSENT: Commissioner Kirk. ABSTAIN: None. 10. It was moved and seconded by Commissioners Robbins/Butler to adopt Planning Commission Resolution 2002-049 approving Site Development Permit 2002-734, as recommended: G:\WPDOCS\PC Minutes\5-14-02.wpd 9 Planning Commission Minutes May 14, 2002 ROLL CALL: AYES: Commissioners Butler, Robbins, Tyler, and Chairman Abels. NOES: None. ABSENT: Commissioner Kirk. ABSTAIN: None. VII. BUSINESS ITEMS: None. VIII. CORRESPONDENCE AND WRITTEN MATERIAL: None. IX. COMMISSIONER ITEMS: A. Discussion regarding a joint meeting with the City Council on June 5, 2002. B. Commissioner Tyler gave a report on the City Council meeting of April 16, 2002. X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Butler/Robbins to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held May 14, 2002, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 9:14 p.m. on April 23, 2002. Respectfully submitted, Betty J. Sawyer, Executive Secretary City of La Quinta, California 5 1 ^ 094 G:\WPDOCS\PC Minutes\5-14-02.wpd 10